82_FR_11348 82 FR 11314 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes

82 FR 11314 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 34 (February 22, 2017)

Page Range11314-11317
FR Document2017-03259

We are adopting a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ, EMB- 135ER, EMB-135KE, EMB-135KL, EMB-135LR, EMB-145, EMB-145EP, EMB-145ER, EMB-145LR, EMB-145MP, EMB-145MR, and EMB-145XR airplanes. This AD was prompted by reports of main airspeed indication discrepancies during flight; these discrepancies resulted from ice blockages in certain pitot total pressure lines. This AD requires an inspection for tube misalignment of the pitot number 1 and pitot number 2 tube assembly lines, and corrective actions if necessary; installation or replacement (as applicable) of a tube ribbon heater on the pitot number 1 and pitot number 2 tube assembly lines; and revision of the airplane flight manual (AFM) to provide certain procedures and airspeed tables for the flightcrew. We are issuing this AD to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 34 (Wednesday, February 22, 2017)
[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Rules and Regulations]
[Pages 11314-11317]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03259]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9049; Directorate Identifier 2016-NM-039-AD; 
Amendment 39-18807; AD 2017-04-12]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(Embraer) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ, EMB-
135ER, EMB-135KE, EMB-135KL, EMB-135LR, EMB-145, EMB-145EP, EMB-145ER, 
EMB-145LR, EMB-145MP, EMB-145MR, and EMB-145XR airplanes. This AD was 
prompted by reports of main airspeed indication discrepancies during 
flight; these discrepancies resulted from ice blockages in certain 
pitot total pressure lines. This AD requires an inspection for tube 
misalignment of the pitot number 1 and pitot number 2 tube assembly 
lines, and corrective actions if necessary; installation or replacement 
(as applicable) of a tube ribbon heater on the pitot number 1 and pitot 
number 2 tube assembly lines; and revision of the airplane flight 
manual (AFM) to provide certain procedures and airspeed tables for the 
flightcrew. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective March 29, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 29, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-
12227-901 S[atilde]o Jose dos Campos-SP-Brasil; telephone +55 12 3927-
5852 or +55 12 3309-0732; fax +55 12 3927-7546; email 
[email protected]; Internet http://www.flyembraer.com. You may 
view this referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221. It is also 
available on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9049.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9049; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Empresa Brasileira 
de Aeronautica S.A. (Embraer) Model EMB-135BJ, -135ER, -135KE, -135KL, 
and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -
145XR, -145MP, and -145EP airplanes. The NPRM published in the Federal 
Register on August 30, 2016 (81 FR 59528) (``the NPRM''). The NPRM was 
prompted by reports of main airspeed indication discrepancies during 
flight; these discrepancies resulted from ice blockages in certain 
pitot total pressure lines. The NPRM proposed to require an inspection 
for tube misalignment of the pitot number 1 and pitot number 2 tube 
assembly lines, and corrective actions if necessary; installation or 
replacement (as applicable) of a tube ribbon heater on the pitot number 
1 and pitot number 2 tube assembly lines; and revision of the AFM to 
provide certain procedures and airspeed tables for the flightcrew. We 
are issuing this AD to detect and correct water accumulating and 
freezing in the pitot number 1 and pitot number 2 total pressure lines, 
which could result in erroneous main airspeed indications and 
consequent reduced ability of the flightcrew to maintain safe flight 
and landing of the airplane.
    Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which 
is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2016-03-01, effective March 11, 2016 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Empresa 
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes, and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The MCAI states:

    This [Brazilian] AD results from reports of main airspeed 
indication discrepancies during flight. The investigation has 
revealed that Pitot #1 and #2 total pressure line blockage may occur 
due to water accumulation and freezing during heavy rain conditions. 
We are issuing this [Brazilian] AD to prevent water accumulation and 
freezing in the Pitot #1 and Pitot #2 total pressure lines, which 
could result in erroneous main airspeed indications and reduce the 
ability of the flight crew to maintain the safe flight and landing 
of the airplane.
    Since this condition may occur in other airplanes of the same 
type and affects flight

[[Page 11315]]

safety, a corrective action is required. Thus, sufficient reason 
exists to request compliance with this [Brazilian] AD * * *.

    The required actions include a general visual inspection for tube 
misalignment of pitot number 1 and pitot number 2 tube assembly lines. 
Corrective actions include replacement of affected pitot tubes with new 
pitot tubes. The required actions also include installation, or, for 
certain airplanes, replacement, of a tube ribbon heater on the pitot 
number 1 and pitot number 2 tube assembly lines, and revision of the 
AFM to provide certain procedures and airspeed tables for the 
flightcrew. You may examine the MCAI in the AD docket on the Internet 
at http://www.regulations.gov by searching for and locating Docket No. 
FAA-2016-9049.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The Air Line Pilots 
Association, International supported the NPRM.

Changes Since the NPRM Was Issued

    We have revised this AD to refer to Embraer Service Bulletin 145-
30-0056, Revision 03, dated February 6, 2015. The service information 
specifies that no additional work is needed if the actions in Embraer 
Service Bulletin 145-30-0056, Revision 01, dated March 31, 2014; or 
Revision 02, dated December 10, 2014; have been accomplished. We have 
revised paragraph (k) of this AD to provide credit for actions done 
prior to the effective date of this AD using Embraer Service Bulletin 
145-30-0056, Revision 01, dated March 31, 2014; or Revision 02, dated 
December 10, 2014.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Embraer has issued the following service information.
     Embraer Service Bulletin 145-30-0056, Revision 03, dated 
February 6, 2015; and Embraer Service Bulletin 145LEG-30-0021, dated 
March 31, 2014. This service information describes procedures to 
inspect the pitot pressure tubes for misalignment, install new heaters, 
and perform repairs. These documents are distinct since they apply to 
different airplane models.
     Embraer Temporary Revision (TR) 19.1, dated April 22, 
2014, to Volume 1 of the Embraer Legacy Aircraft Operations Manual 
(AOM) AOM-135/1542-01. This service information contains, among other 
things, the ``Unreliable Airspeed Procedure'' in the Emergency/Abnormal 
Procedures section and the ``Unreliable Airspeed Tables'' 
(corresponding to the airplane configuration) in the Performance 
section.
     Embraer TR 40.2, dated April 4, 2014, to Volume 1, of the 
Embraer EMB-145 AOM AOM-145/1114-01. This service information contains, 
among other things, the ``Unreliable Airspeed Procedure'' in the 
Emergency/Abnormal Procedures section and the ``Unreliable Airspeed 
Tables'' (corresponding to the airplane configuration) in the 
Performance section.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 668 airplanes of U.S. registry.
    We also estimate that it will take up to 5 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $3,254 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be up to $2,457,572, or up to $3,679 per product.
    We have received no definitive data that will enable us to provide 
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all available costs in our 
cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 11316]]

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2017-04-12 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-18807; Docket No. FAA-2016-9049; Directorate Identifier 
2016-NM-039-AD.

(a) Effective Date

    This AD is effective March 29, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Empresa Brasileira de Aeronautica S.A. 
(Embraer) airplanes, certificated in any category, identified in 
paragraphs (c)(1) through (c)(4) of this AD.
    (1) Model EMB-135ER, EMB-135KE, EMB-135KL, EMB-135LR, EMB-145, 
EMB-145EP, EMB-145ER, EMB-145LR, EMB-145MP, EMB-145MR, and EMB-145XR 
airplanes, as identified in Embraer Service Bulletin 145-30-0056, 
Revision 03, dated February 6, 2015.
    (2) Model EMB-135BJ airplanes, as identified in Embraer Service 
Bulletin 145LEG-30-0021, dated March 31, 2014.
    (3) Model EMB-135ER, EMB-135KE, EMB-135KL, EMB-135LR, EMB-145, 
EMB-145EP, EMB-145ER, EMB-145LR, EMB-145MR, EMB-145MP, and EMB-145XR 
airplanes, manufacturer serial numbers (MSNs) 14501153 and 
subsequent.
    (4) Model EMB-135BJ airplanes, MSNs 14501190 through 14501197 
inclusive, 14501199 through 14501210 inclusive, 14501212 through 
14501227 inclusive, 14501229 through 14501249 inclusive, and 
subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Reason

    This AD was prompted by reports of main airspeed indication 
discrepancies during flight; these discrepancies resulted from ice 
blockages in certain pitot total pressure lines. We are issuing this 
AD to detect and correct water accumulating and freezing in the 
pitot number 1 and pitot number 2 total pressure lines, which could 
result in erroneous main airspeed indications and consequent reduced 
ability of the flightcrew to maintain safe flight and landing of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection, Corrective Action, and Installation

    (1) For airplanes identified as Group 1 in Embraer Service 
Bulletin 145-30-0056, Revision 03, dated February 6, 2015: Within 
6,600 flight hours after the effective date of this AD, do a general 
visual inspection for tube misalignment on the pitot number 1 and 
pitot number 2 tube assemblies; do all applicable corrective 
actions; and install a new tube ribbon heater on the pitot number 1 
and pitot number 2 tube assemblies; in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 145-30-0056, 
Revision 03, dated February 6, 2015. Do all applicable corrective 
actions before further flight.
    (2) For airplanes identified as Group 1 in Embraer Service 
Bulletin 145LEG-30-0021, dated March 31, 2014: Within 5,000 flight 
hours or 48 months after the effective date of this AD, whichever 
occurs first, do a general visual inspection for tube misalignment 
on the pitot number 1 and pitot number 2 tube assemblies; do all 
applicable corrective actions; and install a new tube ribbon heater 
on the pitot number 1 and pitot number 2 tube assemblies; in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 145LEG-30-0021, dated March 31, 2014. Do all applicable 
corrective actions before further flight.

(h) Inspection, Corrective Action, and Replacement

    (1) For airplanes identified as Group 2 in Embraer Service 
Bulletin 145-30-0056, Revision 03, dated February 6, 2015: Within 
6,600 flight hours after the effective date of this AD, do a general 
visual inspection for tube misalignment on the pitot number 1 and 
pitot number 2 tube assemblies; do all applicable corrective 
actions; and replace the tube ribbon heater with a new tube ribbon 
heater on the pitot number 1 and pitot number 2 tube assemblies; in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 145-30-0056, Revision 03, dated February 6, 2015. Do all 
applicable corrective actions before further flight.
    (2) For airplanes identified as Group 2 in Embraer Service 
Bulletin 145LEG-30-0021, dated March 31, 2014: Within 5,000 flight 
hours or 48 months after the effective date of this AD, whichever 
occurs first, do a general visual inspection for tube misalignment 
on the pitot number 1 and pitot number 2 tube assemblies; do all 
applicable corrective actions; and replace the tube ribbon heater 
with a new tube ribbon heater on the pitot number 1 and pitot number 
2 tube assemblies; in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 145LEG-30-0021, dated March 
31, 2014. Do all applicable corrective actions before further 
flight.

(i) Airplane Flight Manual (AFM) Revision

    (1) For airplanes identified in paragraphs (c)(1) and (c)(3) of 
this AD: Within 60 days after the effective date of this AD, revise 
the AFM to include the information in the ``Unreliable Airspeed 
Procedure'' in the Emergency/Abnormal Procedures section and the 
``Unreliable Airspeed Tables'' (corresponding to the airplane 
configuration) in the Performance section, as specified in Embraer 
Temporary Revision (TR) 40.2, dated April 4, 2014, to Volume 1, of 
the Embraer EMB-145 Aircraft Operations Manual (AOM) AOM-145/1114-01 
(``Embraer TR 40.2'').
    (2) For airplanes identified in paragraphs (c)(2) and (c)(4) of 
this AD: Within 60 days after the effective date of this AD, revise 
the AFM to include the information in the ``Unreliable Airspeed 
Procedure'' in the Emergency/Abnormal Procedures section and the 
``Unreliable Airspeed Tables'' (corresponding to the airplane 
configuration) in the Performance section, as specified in Embraer 
TR 19.1, dated April 22, 2014, to Volume 1 of the Embraer EMB-145 
AOM AOM-135/1542-01 (``Embraer TR 19.1'').

(j) AFM Revision Method of Compliance

    The AFM revisions required by paragraphs (i)(1) and (i)(2) of 
this AD may be done by inserting Embraer AOM TR 40.2 or Embraer AOM 
TR 19.1, as applicable, into the AFM. When the applicable Embraer 
AOM TR has been included in general revisions of the AFM, the 
general revisions may be inserted in the AFM, provided the relevant 
information in the general revision is identical to that in Embraer 
AOM TR 40.2 or Embraer AOM TR 19.1, as applicable, and the 
applicable Embraer AOM TR may be removed from the AFM.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g)(1) and (h)(1) of this AD, if those actions were 
performed before the effective date of this AD using Embraer Service 
Bulletin 145-30-0056, dated December 19, 2013; Revision 01, dated 
March 31, 2014; or Revision 02, dated December 10, 2014.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC); or 
ANAC's authorized Designee. If approved by the ANAC Designee, the 
approval must include the Designee's authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2016-03-01,

[[Page 11317]]

effective March 11, 2016, for related information. This MCAI may be 
found in the AD docket on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-9049.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Embraer Service Bulletin 145-30-0056, Revision 03, dated 
February 6, 2015.
    (ii) Embraer Service Bulletin 145LEG-30-0021, dated March 31, 
2014.
    (iii) Embraer Temporary Revision 19.1, dated April 22, 2014, to 
Volume 1 of the Embraer Legacy Aircraft Operations Manual AOM-135/
1542-01.
    (iv) Embraer Temporary Revision 40.2, dated April 4, 2014, to 
Volume 1, of the Embraer EMB-145 Aircraft Operations Manual AOM-145/
1114-01.
    (3) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (Embraer), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brasil; telephone 
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email 
[email protected]r.com.br; Internet http://www.flyembraer.com
    (4) You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Renton, Washington, on February 3, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-03259 Filed 2-21-17; 8:45 am]
 BILLING CODE 4910-13-P



                                              11314            Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations

                                              the BAE SYSTEMS BAe 146 Series/AVRO                      reports of main airspeed indication                   1601 Lind Avenue SW., Renton, WA
                                              146–RJ Series Structural Repair Manual for               discrepancies during flight; these                    98057–3356; telephone 425–227–1175;
                                              Series 100–200, Revision 66, dated October               discrepancies resulted from ice                       fax 425–227–1149.
                                              15, 2011. The revision level of this document
                                                                                                       blockages in certain pitot total pressure             SUPPLEMENTARY INFORMATION:
                                              is specified only in the Letter of Transmittal.
                                                 (iii) Subject 53–00–00, ‘‘Fuselage, General           lines. This AD requires an inspection for
                                                                                                       tube misalignment of the pitot number                 Discussion
                                              Description,’’ of Chapter 53, ‘‘Fuselage,’’ of
                                              the BAE SYSTEMS BAe 146 Series/AVRO                      1 and pitot number 2 tube assembly                       We issued a notice of proposed
                                              146–RJ Series Structural Repair Manual for               lines, and corrective actions if                      rulemaking (NPRM) to amend 14 CFR
                                              Series 300, Revision 44, dated October 15,               necessary; installation or replacement                part 39 by adding an AD that would
                                              2011. The revision level of this document is             (as applicable) of a tube ribbon heater               apply to certain Empresa Brasileira de
                                              specified only in the Letter of Transmittal.             on the pitot number 1 and pitot number                Aeronautica S.A. (Embraer) Model
                                                 (5) For service information identified in                                                                   EMB–135BJ, –135ER, –135KE, –135KL,
                                                                                                       2 tube assembly lines; and revision of
                                              this AD, contact BAE Systems (Operations)                                                                      and –135LR airplanes; and Model EMB–
                                              Limited, Customer Information Department,                the airplane flight manual (AFM) to
                                              Prestwick International Airport, Ayrshire,               provide certain procedures and airspeed               145, –145ER, –145MR, –145LR, –145XR,
                                              KA9 2RW, Scotland, United Kingdom;                       tables for the flightcrew. We are issuing             –145MP, and –145EP airplanes. The
                                              telephone +44 1292 675207; fax +44 1292                  this AD to address the unsafe condition               NPRM published in the Federal
                                              675704; email RApublications@                            on these products.                                    Register on August 30, 2016 (81 FR
                                              baesystems.com; Internet http://                         DATES: This AD is effective March 29,                 59528) (‘‘the NPRM’’). The NPRM was
                                              www.baesystems.com/Businesses/                                                                                 prompted by reports of main airspeed
                                                                                                       2017.
                                              RegionalAircraft/index.htm.                                                                                    indication discrepancies during flight;
                                                 (6) You may view this service information
                                                                                                          The Director of the Federal Register
                                                                                                       approved the incorporation by reference               these discrepancies resulted from ice
                                              at the FAA, Transport Airplane Directorate,
                                                                                                       of certain publications listed in this AD             blockages in certain pitot total pressure
                                              1601 Lind Avenue SW., Renton, WA. For
                                              information on the availability of this                  as of March 29, 2017.                                 lines. The NPRM proposed to require an
                                              material at the FAA, call 425–227–1221.                  ADDRESSES: For service information
                                                                                                                                                             inspection for tube misalignment of the
                                                 (7) You may view this service information             identified in this final rule, contact                pitot number 1 and pitot number 2 tube
                                              that is incorporated by reference at the                 Empresa Brasileira de Aeronautica S.A.                assembly lines, and corrective actions if
                                              National Archives and Records
                                                                                                       (Embraer), Technical Publications                     necessary; installation or replacement
                                              Administration (NARA). For information on                                                                      (as applicable) of a tube ribbon heater
                                              the availability of this material at NARA, call          Section (PC 060), Av. Brigadeiro Faria
                                                                                                       Lima, 2170–Putim–12227–901 São Jose                  on the pitot number 1 and pitot number
                                              202–741–6030, or go to: http://                                                                                2 tube assembly lines; and revision of
                                              www.archives.gov/federal-register/cfr/ibr-               dos Campos–SP–Brasil; telephone +55
                                                                                                       12 3927–5852 or +55 12 3309–0732; fax                 the AFM to provide certain procedures
                                              locations.html.
                                                                                                       +55 12 3927–7546; email distrib@                      and airspeed tables for the flightcrew.
                                                Issued in Renton, Washington, on January                                                                     We are issuing this AD to detect and
                                              23, 2017.                                                embraer.com.br; Internet http://
                                                                                                       www.flyembraer.com. You may view                      correct water accumulating and freezing
                                              Dionne Palermo,                                                                                                in the pitot number 1 and pitot number
                                                                                                       this referenced service information at
                                              Acting Manager, Transport Airplane                                                                             2 total pressure lines, which could
                                              Directorate, Aircraft Certification Service.             the FAA, Transport Airplane
                                                                                                       Directorate, 1601 Lind Avenue SW.,                    result in erroneous main airspeed
                                              [FR Doc. 2017–03022 Filed 2–21–17; 8:45 am]
                                                                                                       Renton, WA. For information on the                    indications and consequent reduced
                                              BILLING CODE 4910–13–P
                                                                                                       availability of this material at the FAA,             ability of the flightcrew to maintain safe
                                                                                                       call 425–227–1221. It is also available               flight and landing of the airplane.
                                                                                                                                                                Agência Nacional de Aviação Civil
                                              DEPARTMENT OF TRANSPORTATION                             on the Internet at http://
                                                                                                                                                             (ANAC), which is the aviation authority
                                                                                                       www.regulations.gov by searching for
                                                                                                                                                             for Brazil, has issued Brazilian
                                              Federal Aviation Administration                          and locating Docket No. FAA–2016–
                                                                                                                                                             Airworthiness Directive 2016–03–01,
                                                                                                       9049.
                                                                                                                                                             effective March 11, 2016 (referred to
                                              14 CFR Part 39                                           Examining the AD Docket                               after this as the Mandatory Continuing
                                              [Docket No. FAA–2016–9049; Directorate                     You may examine the AD docket on                    Airworthiness Information, or ‘‘the
                                              Identifier 2016–NM–039–AD; Amendment                     the Internet at http://                               MCAI’’), to correct an unsafe condition
                                              39–18807; AD 2017–04–12]                                 www.regulations.gov by searching for                  for certain Empresa Brasileira de
                                              RIN 2120–AA64                                            and locating Docket No. FAA–2016–                     Aeronautica S.A. (Embraer) Model
                                                                                                       9049; or in person at the Docket                      EMB–135 airplanes, and Model EMB–
                                              Airworthiness Directives; Empresa                        Management Facility between 9 a.m.                    145, –145ER, –145MR, –145LR, –145XR,
                                              Brasileira de Aeronautica S.A.                           and 5 p.m., Monday through Friday,                    –145MP, and –145EP airplanes. The
                                              (Embraer) Airplanes                                      except Federal holidays. The AD docket                MCAI states:
                                              AGENCY:  Federal Aviation                                contains this AD, the regulatory                         This [Brazilian] AD results from reports of
                                                                                                       evaluation, any comments received, and                main airspeed indication discrepancies
                                              Administration (FAA), Department of                                                                            during flight. The investigation has revealed
                                              Transportation (DOT).                                    other information. The street address for
                                                                                                                                                             that Pitot #1 and #2 total pressure line
                                                                                                       the Docket Office (telephone 800–647–
                                              ACTION: Final rule.                                                                                            blockage may occur due to water
                                                                                                       5527) is Docket Management Facility,                  accumulation and freezing during heavy rain
                                              SUMMARY:   We are adopting a new                         U.S. Department of Transportation,                    conditions. We are issuing this [Brazilian]
                                              airworthiness directive (AD) for certain                 Docket Operations, M–30, West                         AD to prevent water accumulation and
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                                              Empresa Brasileira de Aeronautica S.A.                   Building Ground Floor, Room W12–140,                  freezing in the Pitot #1 and Pitot #2 total
                                              (Embraer) Model EMB–135BJ, EMB–                          1200 New Jersey Avenue SE.,                           pressure lines, which could result in
                                              135ER, EMB–135KE, EMB–135KL,                             Washington, DC 20590.                                 erroneous main airspeed indications and
                                                                                                                                                             reduce the ability of the flight crew to
                                              EMB–135LR, EMB–145, EMB–145EP,                           FOR FURTHER INFORMATION CONTACT:                      maintain the safe flight and landing of the
                                              EMB–145ER, EMB–145LR, EMB–                               Todd Thompson, Aerospace Engineer,                    airplane.
                                              145MP, EMB–145MR, and EMB–145XR                          International Branch, ANM–116,                           Since this condition may occur in other
                                              airplanes. This AD was prompted by                       Transport Airplane Directorate, FAA,                  airplanes of the same type and affects flight



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                                                               Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations                                           11315

                                              safety, a corrective action is required. Thus,           Related Service Information Under 1                   Authority for This Rulemaking
                                              sufficient reason exists to request compliance           CFR Part 51
                                              with this [Brazilian] AD * * *.                                                                                   Title 49 of the United States Code
                                                                                                          Embraer has issued the following                   specifies the FAA’s authority to issue
                                                The required actions include a general                 service information.                                  rules on aviation safety. Subtitle I,
                                              visual inspection for tube misalignment                     • Embraer Service Bulletin 145–30–                 section 106, describes the authority of
                                              of pitot number 1 and pitot number 2                     0056, Revision 03, dated February 6,                  the FAA Administrator. ‘‘Subtitle VII:
                                              tube assembly lines. Corrective actions                  2015; and Embraer Service Bulletin                    Aviation Programs,’’ describes in more
                                              include replacement of affected pitot                    145LEG–30–0021, dated March 31,                       detail the scope of the Agency’s
                                              tubes with new pitot tubes. The                          2014. This service information describes              authority.
                                              required actions also include                            procedures to inspect the pitot pressure                 We are issuing this rulemaking under
                                              installation, or, for certain airplanes,                 tubes for misalignment, install new                   the authority described in ‘‘Subtitle VII,
                                              replacement, of a tube ribbon heater on                  heaters, and perform repairs. These                   Part A, Subpart III, Section 44701:
                                              the pitot number 1 and pitot number 2                    documents are distinct since they apply               General requirements.’’ Under that
                                              tube assembly lines, and revision of the                 to different airplane models.                         section, Congress charges the FAA with
                                              AFM to provide certain procedures and                       • Embraer Temporary Revision (TR)                  promoting safe flight of civil aircraft in
                                              airspeed tables for the flightcrew. You                  19.1, dated April 22, 2014, to Volume 1               air commerce by prescribing regulations
                                              may examine the MCAI in the AD                           of the Embraer Legacy Aircraft                        for practices, methods, and procedures
                                              docket on the Internet at http://                        Operations Manual (AOM) AOM–135/                      the Administrator finds necessary for
                                              www.regulations.gov by searching for                     1542–01. This service information                     safety in air commerce. This regulation
                                              and locating Docket No. FAA–2016–                        contains, among other things, the                     is within the scope of that authority
                                              9049.                                                    ‘‘Unreliable Airspeed Procedure’’ in the              because it addresses an unsafe condition
                                                                                                       Emergency/Abnormal Procedures                         that is likely to exist or develop on
                                              Comments                                                 section and the ‘‘Unreliable Airspeed                 products identified in this rulemaking
                                                                                                       Tables’’ (corresponding to the airplane               action.
                                                We gave the public the opportunity to
                                                                                                       configuration) in the Performance                     Regulatory Findings
                                              participate in developing this AD. We
                                                                                                       section.
                                              considered the comment received. The
                                                                                                          • Embraer TR 40.2, dated April 4,                    We determined that this AD will not
                                              Air Line Pilots Association,                                                                                   have federalism implications under
                                                                                                       2014, to Volume 1, of the Embraer
                                              International supported the NPRM.                                                                              Executive Order 13132. This AD will
                                                                                                       EMB–145 AOM AOM–145/1114–01.
                                              Changes Since the NPRM Was Issued                        This service information contains,                    not have a substantial direct effect on
                                                                                                       among other things, the ‘‘Unreliable                  the States, on the relationship between
                                                 We have revised this AD to refer to                   Airspeed Procedure’’ in the Emergency/                the national government and the States,
                                              Embraer Service Bulletin 145–30–0056,                    Abnormal Procedures section and the                   or on the distribution of power and
                                              Revision 03, dated February 6, 2015.                     ‘‘Unreliable Airspeed Tables’’                        responsibilities among the various
                                              The service information specifies that                   (corresponding to the airplane                        levels of government.
                                              no additional work is needed if the                      configuration) in the Performance                       For the reasons discussed above, I
                                              actions in Embraer Service Bulletin                      section.                                              certify that this AD:
                                              145–30–0056, Revision 01, dated March                       This service information is reasonably               1. Is not a ‘‘significant regulatory
                                              31, 2014; or Revision 02, dated                          available because the interested parties              action’’ under Executive Order 12866;
                                              December 10, 2014; have been                             have access to it through their normal                  2. Is not a ‘‘significant rule’’ under the
                                              accomplished. We have revised                            course of business or by the means                    DOT Regulatory Policies and Procedures
                                              paragraph (k) of this AD to provide                      identified in the ADDRESSES section.                  (44 FR 11034, February 26, 1979);
                                              credit for actions done prior to the                                                                             3. Will not affect intrastate aviation in
                                              effective date of this AD using Embraer                  Costs of Compliance
                                                                                                                                                             Alaska; and
                                              Service Bulletin 145–30–0056, Revision                      We estimate that this AD affects 668                 4. Will not have a significant
                                              01, dated March 31, 2014; or Revision                    airplanes of U.S. registry.                           economic impact, positive or negative,
                                              02, dated December 10, 2014.                                We also estimate that it will take up              on a substantial number of small entities
                                              Conclusion                                               to 5 work-hours per product to comply                 under the criteria of the Regulatory
                                                                                                       with the basic requirements of this AD.               Flexibility Act.
                                                We reviewed the relevant data,                         The average labor rate is $85 per work-
                                              considered the comment received, and                     hour. Required parts will cost about                  List of Subjects in 14 CFR Part 39
                                              determined that air safety and the                       $3,254 per product. Based on these                      Air transportation, Aircraft, Aviation
                                              public interest require adopting this AD                 figures, we estimate the cost of this AD              safety, Incorporation by reference,
                                              with the changes described previously                    on U.S. operators to be up to $2,457,572,             Safety.
                                              and minor editorial changes. We have                     or up to $3,679 per product.
                                                                                                          We have received no definitive data                Adoption of the Amendment
                                              determined that these minor changes:
                                                • Are consistent with the intent that                  that will enable us to provide cost                     Accordingly, under the authority
                                              was proposed in the NPRM for                             estimates for the on-condition actions                delegated to me by the Administrator,
                                              correcting the unsafe condition; and                     specified in this AD.                                 the FAA amends 14 CFR part 39 as
                                                                                                          According to the manufacturer, some                follows:
                                                • Do not add any additional burden
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                                                                                                       of the costs of this AD may be covered
                                              upon the public than was already                         under warranty, thereby reducing the                  PART 39—AIRWORTHINESS
                                              proposed in the NPRM.                                    cost impact on affected individuals. We               DIRECTIVES
                                                We also determined that these                          do not control warranty coverage for
                                              changes will not increase the economic                   affected individuals. As a result, we                 ■ 1. The authority citation for part 39
                                              burden on any operator or increase the                   have included all available costs in our              continues to read as follows:
                                              scope of this AD.                                        cost estimate.                                            Authority: 49 U.S.C. 106(g), 40113, 44701.



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                                              11316            Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations

                                              § 39.13   [Amended]                                      new tube ribbon heater on the pitot number            AFM to include the information in the
                                                                                                       1 and pitot number 2 tube assemblies; in              ‘‘Unreliable Airspeed Procedure’’ in the
                                              ■ 2. The FAA amends § 39.13 by adding                                                                          Emergency/Abnormal Procedures section and
                                                                                                       accordance with the Accomplishment
                                              the following new airworthiness                          Instructions of Embraer Service Bulletin 145–         the ‘‘Unreliable Airspeed Tables’’
                                              directive (AD):                                          30–0056, Revision 03, dated February 6,               (corresponding to the airplane configuration)
                                              2017–04–12 Empresa Brasileira de                         2015. Do all applicable corrective actions            in the Performance section, as specified in
                                                  Aeronautica S.A. (Embraer):                          before further flight.                                Embraer TR 19.1, dated April 22, 2014, to
                                                  Amendment 39–18807; Docket No.                         (2) For airplanes identified as Group 1 in          Volume 1 of the Embraer EMB–145 AOM
                                                  FAA–2016–9049; Directorate Identifier                Embraer Service Bulletin 145LEG–30–0021,              AOM–135/1542–01 (‘‘Embraer TR 19.1’’).
                                                  2016–NM–039–AD.                                      dated March 31, 2014: Within 5,000 flight
                                                                                                                                                             (j) AFM Revision Method of Compliance
                                                                                                       hours or 48 months after the effective date of
                                              (a) Effective Date                                       this AD, whichever occurs first, do a general            The AFM revisions required by paragraphs
                                                This AD is effective March 29, 2017.                   visual inspection for tube misalignment on            (i)(1) and (i)(2) of this AD may be done by
                                                                                                       the pitot number 1 and pitot number 2 tube            inserting Embraer AOM TR 40.2 or Embraer
                                              (b) Affected ADs                                                                                               AOM TR 19.1, as applicable, into the AFM.
                                                                                                       assemblies; do all applicable corrective
                                                None.                                                  actions; and install a new tube ribbon heater         When the applicable Embraer AOM TR has
                                                                                                       on the pitot number 1 and pitot number 2              been included in general revisions of the
                                              (c) Applicability                                                                                              AFM, the general revisions may be inserted
                                                                                                       tube assemblies; in accordance with the
                                                 This AD applies to the Empresa Brasileira             Accomplishment Instructions of Embraer                in the AFM, provided the relevant
                                              de Aeronautica S.A. (Embraer) airplanes,                 Service Bulletin 145LEG–30–0021, dated                information in the general revision is
                                              certificated in any category, identified in              March 31, 2014. Do all applicable corrective          identical to that in Embraer AOM TR 40.2 or
                                              paragraphs (c)(1) through (c)(4) of this AD.             actions before further flight.                        Embraer AOM TR 19.1, as applicable, and the
                                                 (1) Model EMB–135ER, EMB–135KE,                                                                             applicable Embraer AOM TR may be
                                              EMB–135KL, EMB–135LR, EMB–145, EMB–                      (h) Inspection, Corrective Action, and                removed from the AFM.
                                              145EP, EMB–145ER, EMB–145LR, EMB–                        Replacement
                                              145MP, EMB–145MR, and EMB–145XR                                                                                (k) Credit for Previous Actions
                                                                                                          (1) For airplanes identified as Group 2 in
                                              airplanes, as identified in Embraer Service              Embraer Service Bulletin 145–30–0056,                   This paragraph provides credit for the
                                              Bulletin 145–30–0056, Revision 03, dated                 Revision 03, dated February 6, 2015: Within           actions required by paragraphs (g)(1) and
                                              February 6, 2015.                                        6,600 flight hours after the effective date of        (h)(1) of this AD, if those actions were
                                                 (2) Model EMB–135BJ airplanes, as                     this AD, do a general visual inspection for           performed before the effective date of this AD
                                              identified in Embraer Service Bulletin                   tube misalignment on the pitot number 1 and           using Embraer Service Bulletin 145–30–0056,
                                              145LEG–30–0021, dated March 31, 2014.                                                                          dated December 19, 2013; Revision 01, dated
                                                                                                       pitot number 2 tube assemblies; do all
                                                 (3) Model EMB–135ER, EMB–135KE,                                                                             March 31, 2014; or Revision 02, dated
                                                                                                       applicable corrective actions; and replace the
                                              EMB–135KL, EMB–135LR, EMB–145, EMB–                                                                            December 10, 2014.
                                                                                                       tube ribbon heater with a new tube ribbon
                                              145EP, EMB–145ER, EMB–145LR, EMB–                        heater on the pitot number 1 and pitot                (l) Other FAA AD Provisions
                                              145MR, EMB–145MP, and EMB–145XR                          number 2 tube assemblies; in accordance
                                              airplanes, manufacturer serial numbers                                                                            The following provisions also apply to this
                                                                                                       with the Accomplishment Instructions of               AD:
                                              (MSNs) 14501153 and subsequent.                          Embraer Service Bulletin 145–30–0056,
                                                 (4) Model EMB–135BJ airplanes, MSNs                                                                            (1) Alternative Methods of Compliance
                                                                                                       Revision 03, dated February 6, 2015. Do all           (AMOCs): The Manager, International
                                              14501190 through 14501197 inclusive,                     applicable corrective actions before further
                                              14501199 through 14501210 inclusive,                                                                           Branch, ANM–116, Transport Airplane
                                                                                                       flight.                                               Directorate, FAA, has the authority to
                                              14501212 through 14501227 inclusive,
                                                                                                          (2) For airplanes identified as Group 2 in         approve AMOCs for this AD, if requested
                                              14501229 through 14501249 inclusive, and
                                                                                                       Embraer Service Bulletin 145LEG–30–0021,              using the procedures found in 14 CFR 39.19.
                                              subsequent.
                                                                                                       dated March 31, 2014: Within 5,000 flight             In accordance with 14 CFR 39.19, send your
                                              (d) Subject                                              hours or 48 months after the effective date of        request to your principal inspector or local
                                                Air Transport Association (ATA) of                     this AD, whichever occurs first, do a general         Flight Standards District Office, as
                                              America Code 30, Ice and rain protection.                visual inspection for tube misalignment on            appropriate. If sending information directly
                                                                                                       the pitot number 1 and pitot number 2 tube            to the International Branch, send it to ATTN:
                                              (e) Reason                                               assemblies; do all applicable corrective              Todd Thompson, Aerospace Engineer,
                                                 This AD was prompted by reports of main               actions; and replace the tube ribbon heater           International Branch, ANM–116, Transport
                                              airspeed indication discrepancies during                 with a new tube ribbon heater on the pitot            Airplane Directorate, FAA, 1601 Lind
                                              flight; these discrepancies resulted from ice            number 1 and pitot number 2 tube                      Avenue SW., Renton, WA 98057–3356;
                                              blockages in certain pitot total pressure lines.         assemblies; in accordance with the                    telephone 425–227–1175; fax 425–227–1149.
                                              We are issuing this AD to detect and correct             Accomplishment Instructions of Embraer                Information may be emailed to: 9–ANM–116–
                                              water accumulating and freezing in the pitot             Service Bulletin 145LEG–30–0021, dated                AMOC–REQUESTS@faa.gov. Before using
                                              number 1 and pitot number 2 total pressure               March 31, 2014. Do all applicable corrective          any approved AMOC, notify your appropriate
                                              lines, which could result in erroneous main              actions before further flight.                        principal inspector, or lacking a principal
                                              airspeed indications and consequent reduced              (i) Airplane Flight Manual (AFM) Revision             inspector, the manager of the local flight
                                              ability of the flightcrew to maintain safe                                                                     standards district office/certificate holding
                                              flight and landing of the airplane.                         (1) For airplanes identified in paragraphs         district office.
                                                                                                       (c)(1) and (c)(3) of this AD: Within 60 days             (2) Contacting the Manufacturer: For any
                                              (f) Compliance                                           after the effective date of this AD, revise the       requirement in this AD to obtain corrective
                                                 Comply with this AD within the                        AFM to include the information in the                 actions from a manufacturer, the action must
                                              compliance times specified, unless already               ‘‘Unreliable Airspeed Procedure’’ in the              be accomplished using a method approved
                                              done.                                                    Emergency/Abnormal Procedures section and             by the Manager, International Branch, ANM–
                                                                                                       the ‘‘Unreliable Airspeed Tables’’                    116, Transport Airplane Directorate, FAA; or
                                              (g) Inspection, Corrective Action, and                   (corresponding to the airplane configuration)         the Agência Nacional de Aviação Civil
                                              Installation                                             in the Performance section, as specified in           (ANAC); or ANAC’s authorized Designee. If
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                                                 (1) For airplanes identified as Group 1 in            Embraer Temporary Revision (TR) 40.2,                 approved by the ANAC Designee, the
                                              Embraer Service Bulletin 145–30–0056,                    dated April 4, 2014, to Volume 1, of the              approval must include the Designee’s
                                              Revision 03, dated February 6, 2015: Within              Embraer EMB–145 Aircraft Operations                   authorized signature.
                                              6,600 flight hours after the effective date of           Manual (AOM) AOM–145/1114–01
                                              this AD, do a general visual inspection for              (‘‘Embraer TR 40.2’’).                                (m) Related Information
                                              tube misalignment on the pitot number 1 and                 (2) For airplanes identified in paragraphs           (1) Refer to Mandatory Continuing
                                              pitot number 2 tube assemblies; do all                   (c)(2) and (c)(4) of this AD: Within 60 days          Airworthiness Information (MCAI) Brazilian
                                              applicable corrective actions; and install a             after the effective date of this AD, revise the       Airworthiness Directive 2016–03–01,



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                                                               Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations                                               11317

                                              effective March 11, 2016, for related                    ACTION:   Direct final rule.                          FOR FURTHER INFORMATION CONTACT:
                                              information. This MCAI may be found in the                                                                     Daniel E. Dunlap, Compliance Officer,
                                              AD docket on the Internet at http://                     SUMMARY:    In accordance with section                Office of Compliance and Field
                                              www.regulations.gov by searching for and                 104(b) of the Consumer Product Safety                 Operations, Consumer Product Safety
                                              locating Docket No. FAA–2016–9049.                       Improvement Act of 2008 (CPSIA), also
                                                 (2) Service information identified in this
                                                                                                                                                             Commission, 4330 East West Highway,
                                                                                                       known as the Danny Keysar Child                       Bethesda, MD 20814–4408; telephone:
                                              AD that is not incorporated by reference is              Product Safety Notification Act, in April
                                              available at the addresses specified in                                                                        301–504–7733; email: ddunlap@
                                                                                                       2011 the U.S. Consumer Product Safety                 cpsc.gov.
                                              paragraphs (n)(3) and (n)(4) of this AD.
                                                                                                       Commission (Commission, or CPSC)
                                              (n) Material Incorporated by Reference                   published a consumer product safety                   SUPPLEMENTARY INFORMATION:
                                                 (1) The Director of the Federal Register              standard for toddler beds. The standard               A. Background
                                              approved the incorporation by reference                  incorporated by reference the ASTM
                                                                                                                                                                The Danny Keysar Child Product
                                              (IBR) of the service information listed in this          voluntary standard for toddler beds,
                                              paragraph under 5 U.S.C. 552(a) and 1 CFR                                                                      Safety Notification Act. Section
                                                                                                       with several modifications. The CPSIA
                                              part 51.                                                                                                       104(b)(1)(B) of the CPSIA, also known as
                                                                                                       sets forth a process for updating
                                                 (2) You must use this service information                                                                   the Danny Keysar Child Product Safety
                                                                                                       standards that the Commission has
                                              as applicable to do the actions required by                                                                    Notification Act, requires the
                                                                                                       issued under the authority of section
                                              this AD, unless this AD specifies otherwise.                                                                   Commission to promulgate consumer
                                                 (i) Embraer Service Bulletin 145–30–0056,
                                                                                                       104(b) of the CPSIA. In accordance with
                                                                                                                                                             product safety standards for durable
                                              Revision 03, dated February 6, 2015.                     that process, we are publishing this
                                                                                                                                                             infant or toddler products. The law
                                                 (ii) Embraer Service Bulletin 145LEG–30–              direct final rule, revising the CPSC’s
                                                                                                                                                             requires that these standards are to be
                                              0021, dated March 31, 2014.                              standard for toddler beds to incorporate
                                                                                                                                                             ‘‘substantially the same as’’ applicable
                                                 (iii) Embraer Temporary Revision 19.1,                by reference a more recent version of the
                                                                                                                                                             voluntary standards or more stringent
                                              dated April 22, 2014, to Volume 1 of the                 applicable ASTM standard.
                                              Embraer Legacy Aircraft Operations Manual                                                                      than the voluntary standards if the
                                                                                                       DATES: The rule is effective on June 6,
                                              AOM–135/1542–01.                                                                                               Commission concludes that more
                                                                                                       2017, unless we receive significant                   stringent requirements would further
                                                 (iv) Embraer Temporary Revision 40.2,
                                                                                                       adverse comment by March 24, 2017. If                 reduce the risk of injury associated with
                                              dated April 4, 2014, to Volume 1, of the
                                              Embraer EMB–145 Aircraft Operations                      we receive timely significant adverse                 the product.
                                              Manual AOM–145/1114–01.                                  comments, we will publish notification                   Section 104(b)(4)(B) of the CPSIA also
                                                 (3) For service information identified in             in the Federal Register, withdrawing                  sets forth a process for updating CPSC’s
                                              this AD, contact Empresa Brasileira de                   this direct final rule before its effective           durable infant or toddler standards
                                              Aeronautica S.A. (Embraer), Technical                    date. The incorporation by reference of               when the voluntary standard upon
                                              Publications Section (PC 060), Av. Brigadeiro            the publication listed in this rule is                which the CPSC standard was based is
                                              Faria Lima, 2170—Putim—12227–901 São                    approved by the Director of the Federal
                                              Jose dos Campos—SP—Brasil; telephone +55
                                                                                                                                                             changed. Under that process, when an
                                                                                                       Register as of June 6, 2017.                          organization revises the voluntary
                                              12 3927–5852 or +55 12 3309–0732; fax +55
                                                                                                       ADDRESSES: You may submit comments,                   standard, it must notify the
                                              12 3927–7546; email distrib@embraer.com.br;
                                              Internet http://www.flyembraer.com                       identified by Docket No. CPSC–2017–                   Commission. Unless the Commission
                                                 (4) You may view this service information             0012, by any of the following methods:                determines within 90 days of receiving
                                              at the FAA, Transport Airplane Directorate,                 Submit electronic comments in the                  the notice that the revision does not
                                              1601 Lind Avenue SW., Renton, WA. For                    following way:                                        improve the safety of the product, the
                                              information on the availability of this                     Federal eRulemaking Portal: http://                revised standard is considered to be the
                                              material at the FAA, call 425–227–1221.                  www.regulations.gov. Follow the                       new CPSC standard effective 180 days
                                                 (5) You may view this service information             instructions for submitting comments.                 from the date the Commission received
                                              that is incorporated by reference at the                 To ensure timely processing of
                                              National Archives and Records                                                                                  notice of the revision (or a later date
                                                                                                       comments, the Commission is no longer                 specified by the Commission).
                                              Administration (NARA). For information on
                                                                                                       accepting comments submitted by                          The CPSC’s Toddler Bed Standard. In
                                              the availability of this material at NARA, call
                                              202–741–6030, or go to: http://                          electronic mail (email), except through               accordance with section 104(b)(1) of the
                                              www.archives.gov/federal-register/cfr/ibr-               www.regulations.gov.                                  CPSIA, on April 20, 2011, the
                                              locations.html.                                             Submit written submissions in the                  Commission published a safety standard
                                                                                                       following way:                                        that incorporated by reference ASTM
                                                 Issued in Renton, Washington, on February                Mail/Hand delivery/Courier (for
                                              3, 2017.                                                                                                       F1821–09, Standard Consumer Safety
                                                                                                       paper, disk, or CD–ROM submissions),                  Specification for Toddler Beds, along
                                              Michael Kaszycki,                                        preferably in five copies, to: Office of              with several modifications, as a
                                              Acting Manager, Transport Airplane                       the Secretary, Consumer Product Safety                mandatory consumer product safety
                                              Directorate, Aircraft Certification Service.             Commission, Room 820, 4330 East West                  standard. (76 FR 22019 (April 20,
                                              [FR Doc. 2017–03259 Filed 2–21–17; 8:45 am]              Highway, Bethesda, MD 20814;                          2011)); correction notice 1 (76 FR 27882
                                              BILLING CODE 4910–13–P                                   telephone (301) 504–7923.                             (May 13, 2011)). ASTM officially
                                                                                                          Instructions: All submissions received
                                                                                                                                                             notified the CPSC on September 25,
                                                                                                       must include the agency name and
                                                                                                                                                             2013 that ASTM had published a
                                              CONSUMER PRODUCT SAFETY                                  docket number for this notice. All
                                                                                                                                                             revised 2013 version of ASTM F1821.
                                              COMMISSION                                               comments received may be posted
                                                                                                                                                             The Commission voted unanimously to
                                                                                                       without change, including any personal
                                              [Docket No. CPSC–2017–0012]                                                                                    publish a Federal Register notice
                                                                                                       identifiers, contact information, or other
                                                                                                                                                             revising the Commission’s toddler bed
sradovich on DSK3GMQ082PROD with RULES




                                                                                                       personal information provided, to
                                              16 CFR Part 1217                                                                                               standard to reference ASTM F1821–13,
                                                                                                       http://www.regulations.gov. Do not
                                                                                                                                                             effective March 24, 2014 (78 FR 73692
                                              Revisions to Safety Standard for                         submit confidential business
                                                                                                                                                             (December 9, 2013); codified at 16 CFR
                                              Toddler Beds                                             information, trade secret information, or
                                                                                                       other sensitive or protected information               1 The Office of the Federal Register inadvertently
                                              AGENCY:Consumer Product Safety                           electronically. Such information should               omitted the last two sections and figures from the
                                              Commission.                                              be submitted in writing.                              April 20, 2011 Federal Register notice.



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Document Created: 2017-02-22 00:08:33
Document Modified: 2017-02-22 00:08:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective March 29, 2017.
ContactTodd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149.
FR Citation82 FR 11314 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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