82_FR_18665 82 FR 18590 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer)

82 FR 18590 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 75 (April 20, 2017)

Page Range18590-18593
FR Document2017-07748

We propose to adopt a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, - 135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This proposed AD was prompted by a report of airplanes with modified gust lock levers that prevented the thrust lever's full excursion, thus limiting the engine power. This proposed AD would require replacing a certain gust lock lever. We are proposing this AD to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 75 (Thursday, April 20, 2017) 
[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Proposed Rules]
[Pages 18590-18593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07748]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0250; Directorate Identifier 2016-NM-158-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. This proposed AD was prompted by a report of 
airplanes with modified gust lock levers that prevented the thrust 
lever's full excursion, thus limiting the engine power. This proposed 
AD would require replacing a certain gust lock lever. We are proposing 
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 5, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Empresa 
Brasileira de Aeronautica S.A. (Embraer), Technical Publications 
Section (PC

[[Page 18591]]

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.

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-2017-
0250; 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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0250; 
Directorate Identifier 2016-NM-158-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2016-07-01, dated July 18, 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-135ER, -135KE, -
135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The MCAI states:

    ANAC was informed about occurrences in which airplanes that 
incorporated SB 145-27-0115, which changes the Gust Lock lever 
format, managed to takeoff, or performed [rejected take-offs] RTOs, 
in such a configuration that the Gust Lock lever prevented the 
thrust levers full excursion, thus limiting the engine power to 
about 70% of the nominal takeoff power. Analyses and simulations 
conducted by the manufacturer confirmed this as a possible scenario 
in case some verification procedures prior to and during takeoff, 
for whatever reason, are not properly performed. After evaluation, 
the conclusion was that the incorporation of SB 145-27-0115 would 
take away an important tactile cue regarding the thrust levers 
position, which, in a timely manner, would alert the crew of an 
improper takeoff configuration. During takeoffs, or attempts 
thereof, in such condition, the airplane would have a reduced 
performance, which would increase the required takeoff distance or 
the RTO distance, and reduce the airplane capacity to clear 
obstacles.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action is required. 
Thus, sufficient reason exists to request compliance with this 
[Brazilian] AD in the indicated time limit.

    Required actions include replacing a certain gust lock lever. 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-2017-
0250.

Related Service Information Under 1 CFR Part 51

    We reviewed Embraer Service Bulletin 145-27-0126, dated October 6, 
2015. The service information describes procedures for replacement of a 
certain gust lock lever for one with an alternative format.
    We have also reviewed Embraer Service Bulletin 145-27-0115, 
Revision 03, dated October 5, 2015. This service information describes 
procedures for modifying involving replacement of the gust lock lever 
with a new gust lock lever enabling both engine thrust levers to be 
advanced at the same angle as that of the electromechanical gust lock 
lever.
    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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 668 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
           Action                        Labor cost               Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection..................  1 work-hour x $85 per hour =                 $0              $85          $56,780
                               $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this replacement:

[[Page 18592]]



                           On-Condition Costs
------------------------------------------------------------------------
                                                             Cost per
     Action            Labor cost          Parts cost        product
------------------------------------------------------------------------
Replacement.....  1 work-hour x $85             $6,315           $6,400
                   per hour = $85.
------------------------------------------------------------------------

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.


Sec.  39.13  [Amended]

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

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2017-0250; Directorate Identifier 2016-NM-158-AD.

(a) Comments Due Date

    We must receive comments by June 5, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Empresa Brasileira de Aeronautica S.A. 
(Embraer) Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes, certificated in 
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report of airplanes with modified gust 
lock levers that performed take-offs or rejected take-offs (RTOs), 
in such a configuration that the gust lock lever prevented the 
thrust lever's full excursion, thus limiting the engine power to 
about 70% of the nominal take-off power. We are issuing this AD to 
prevent incorrect configuration of the gust lock lever, which could 
reduce the airplane's performance during take-offs or attempted 
take-offs, increase the required take-off distance or the RTO 
distance, and reduce the airplane's capacity to clear obstacles.

(f) Compliance

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

(g) Inspection

    Within 5,000 flight hours or 24 months after the effective date 
of this AD, whichever occurs first: Check the airplane maintenance 
records to determine whether the actions specified in Embraer 
Service Bulletin 145-27-0115 have been done. If the records review 
is inconclusive, inspect the engine control box assembly against the 
Accomplishment Instructions of Embraer Service Bulletin 145-27-0115, 
Revision 03, dated October 5, 2015, to determine whether the actions 
specified in Embraer Service Bulletin 145-27-0115 have been done.

(h) Corrective Action

    If the check or inspection required by paragraph (g) of this AD 
indicates that the actions in Embraer Service Bulletin 145-27-0115 
have been done: Within 5,000 flight hours or 24 months after the 
effective date of this AD, whichever occurs first, replace the gust 
lock lever, in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 145-27-0126, dated October 6, 2015.

(i) Acceptable Alternative

    Reversion of the airplane to a pre-modification condition 
(configuration before incorporating Embraer Service Bulletin 145-27-
0115), within the compliance times specified in paragraph (h) of 
this AD, in accordance with 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, is acceptable for compliance with 
paragraph (h) of this AD.

(j) Prohibited Modification

    As of the effective date of this AD, do not accomplish the 
actions specified in Embraer Service Bulletin 145-27-0115 on any 
airplane.

(k) 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 ANAC; or 
ANAC's authorized Designee. If approved by the ANAC Designee, the

[[Page 18593]]

approval must include the Designee's authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2016-07-01, dated July 18, 
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-2017-0250.
    (2) 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]; Internet http://www.flyembraer.com. 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.

    Issued in Renton, Washington, on April 11, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-07748 Filed 4-19-17; 8:45 am]
 BILLING CODE 4910-13-P

18590 Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Proposed Rules (f) Compliance (1) Within 30 days after the effective date (2) For affected smoke detectors, replace Comply with this AD within the of this AD, inspect each Siemens smoke the detectors within the compliance times detector, or review your maintenance specified in Figures 2, 3, and 4 to paragraph compliance times specified, unless already records, to determine if an affected detector (f) of this AD. done. is installed. FIGURE 2 TO PARAGRAPH (f) OF THIS AD—P/N PMC1102–02 (CARGO COMPARTMENTS) Manufacturing date Compliance time (month/year) (after the effective date of this AD) 122010 to 112011 inclusive ..................................................................... Within 5 months. 122011 to 012013 inclusive ..................................................................... Within 11 months. FIGURE 3 TO PARAGRAPH (f) OF THIS AD—P/N PMC3100–00 DETECTORS (CARGO COMPARTMENTS) Manufacturing date Compliance time (month/year) (after the effective date of this AD) 032011 to 012012 inclusive ..................................................................... Within 5 months. 022012 to 012013 inclusive ..................................................................... Within 11 months. FIGURE 4 TO PARAGRAPH (f) OF THIS AD—P/N GMC1102–02 (PASSENGER CABIN OR ANY OTHER LOCATION) Compliance Time Manufacturing date (month/year) (after the effective date of this AD) 112010 to 022012 inclusive ..................................................................... Within 24 months. 032012 to 122012 inclusive ..................................................................... Within 36 months. (g) Installation Prohibition Customer Support, 697 Rue Fourny, 78530 Empresa Brasileira de Aeronautica S.A. From the effective date of this AD, do not Buc, France; phone: (33) 1 3084 6650; fax: (Embraer) Model EMB–135ER, –135KE, install on any airplane a smoke detector: (33) 1 3956 1364. –135KL, –135LR, –145, –145ER, (1) With a manufacturing date and P/N (5) You may view this service information –145MR, –145LR, –145XR, –145MP, and listed in Figure 2 or 3 to paragraph (f) of this at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA. For –145EP airplanes. This proposed AD AD; was prompted by a report of airplanes (2) listed in Figure 4 to paragraph (f) of this information on the availability of this material at the FAA, call 781–238–7125. with modified gust lock levers that AD unless the detector is marked ‘SIL PMC– 26–002’. Issued in Burlington, Massachusetts, on prevented the thrust lever’s full April 7, 2017. excursion, thus limiting the engine (h) Alternative Methods of Compliance power. This proposed AD would require (AMOCs) Carlos A. Pestana, replacing a certain gust lock lever. We The Manager, Boston Aircraft Certification Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service. are proposing this AD to address the Office, FAA, may approve AMOCs for this unsafe condition on these products. AD. Use the procedures found in 14 CFR [FR Doc. 2017–07675 Filed 4–19–17; 8:45 am] DATES: We must receive comments on 39.19 to make your request. BILLING CODE 4910–13–P this proposed AD by June 5, 2017. (i) Related Information ADDRESSES: You may send comments, (1) For more information about this AD, DEPARTMENT OF TRANSPORTATION using the procedures found in 14 CFR contact Erin Hulverson, Aerospace Engineer, 11.43 and 11.45, by any of the following Boston Aircraft Certification Office, FAA, Federal Aviation Administration methods: Engine & Propeller Directorate, 1200 District • Federal eRulemaking Portal: Go to Avenue, Burlington, MA 01803; phone: 781– 14 CFR Part 39 http://www.regulations.gov. Follow the 238–7655; fax: 781–238–7199; email: erin.hulverson@faa.gov. [Docket No. FAA–2017–0250; Directorate instructions for submitting comments. (2) Refer to MCAI European Aviation Identifier 2016–NM–158–AD] • Fax: 202–493–2251. Safety Agency AD 2016–0024, dated January • Mail: U.S. Department of 26, 2016, for more information. You may RIN 2120–AA64 Transportation, Docket Operations, M– examine the MCAI in the AD docket on the 30, West Building Ground Floor, Room Internet at http://www.regulations.gov by Airworthiness Directives; Empresa W12–140, 1200 New Jersey Avenue SE., asabaliauskas on DSK3SPTVN1PROD with PROPOSALS searching for and locating it in Docket No. Brasileira de Aeronautica S.A. Washington, DC 20590. FAA–2017–0099. (Embraer) • Hand Delivery: Deliver to Mail (3) Siemens S.A.S. SIL No. PMC–26–002, address above between 9 a.m. and 5 Revision No. 1, dated January 2016 and AGENCY: Federal Aviation Administration (FAA), DOT. p.m., Monday through Friday, except Siemens SIL No. PMC–26–003, Revision No. 2, dated February 2016, can be obtained from ACTION: Notice of proposed rulemaking Federal holidays. Siemens S.A.S. using the contact information (NPRM). For service information identified in in paragraph (i)(4) of this proposed AD. this NPRM, contact Empresa Brasileira (4) For service information identified in SUMMARY: We propose to adopt a new de Aeronautica S.A. (Embraer), this proposed AD, contact Siemens, Aviation airworthiness directive (AD) for all Technical Publications Section (PC VerDate Sep<11>2014 16:53 Apr 19, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1

Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Proposed Rules 18591 060), Av. Brigadeiro Faria Lima, 2170– closing date and may amend this Required actions include replacing a Putim–12227–901 São Jose dos proposed AD based on those comments. certain gust lock lever. You may Campos–SP—Brasil; telephone +55 12 We will post all comments we examine the MCAI in the AD docket on 3927–5852 or +55 12 3309–0732; fax receive, without change, to http:// the Internet at http:// +55 12 3927–7546; email distrib@ www.regulations.gov, including any www.regulations.gov by searching for embraer.com.br; Internet http:// personal information you provide. We and locating Docket No. FAA–2017– www.flyembraer.com. You may view will also post a report summarizing each 0250. this referenced service information at substantive verbal contact we receive about this proposed AD. Related Service Information Under 1 the FAA, Transport Airplane CFR Part 51 Directorate, 1601 Lind Avenue SW., Discussion Renton, WA. For information on the We reviewed Embraer Service availability of this material at the FAA, The Agência Nacional de Aviação Bulletin 145–27–0126, dated October 6, call 425–227–1221. Civil (ANAC), which is the aviation 2015. The service information describes authority for Brazil, has issued Brazilian procedures for replacement of a certain Examining the AD Docket Airworthiness Directive 2016–07–01, gust lock lever for one with an You may examine the AD docket on dated July 18, 2016 (referred to after this alternative format. the Internet at http:// as the Mandatory Continuing We have also reviewed Embraer www.regulations.gov by searching for Airworthiness Information, or ‘‘the Service Bulletin 145–27–0115, Revision and locating Docket No. FAA–2017– MCAI’’), to correct an unsafe condition 03, dated October 5, 2015. This service 0250; or in person at the Docket for certain Empresa Brasileira de information describes procedures for Management Facility between 9 a.m. Aeronautica S.A. (Embraer) Model modifying involving replacement of the and 5 p.m., Monday through Friday, EMB–135ER, –135KE, –135KL, –135LR, gust lock lever with a new gust lock except Federal holidays. The AD docket –145, –145ER, –145MR, –145LR, lever enabling both engine thrust levers contains this proposed AD, the –145XR, –145MP, and –145EP to be advanced at the same angle as that regulatory evaluation, any comments airplanes. The MCAI states: of the electromechanical gust lock lever. received, and other information. The ANAC was informed about occurrences in This service information is reasonably street address for the Docket Operations which airplanes that incorporated SB 145– available because the interested parties office (telephone 800–647–5527) is in 27–0115, which changes the Gust Lock lever have access to it through their normal the ADDRESSES section. Comments will format, managed to takeoff, or performed course of business or by the means be available in the AD docket shortly [rejected take-offs] RTOs, in such a identified in the ADDRESSES section. after receipt. configuration that the Gust Lock lever prevented the thrust levers full excursion, FAA’s Determination and Requirements FOR FURTHER INFORMATION CONTACT: thus limiting the engine power to about 70% Todd Thompson, Aerospace Engineer, of This Proposed AD of the nominal takeoff power. Analyses and International Branch, ANM–116, simulations conducted by the manufacturer This product has been approved by Transport Airplane Directorate, FAA, confirmed this as a possible scenario in case the aviation authority of another 1601 Lind Avenue SW., Renton, WA some verification procedures prior to and country, and is approved for operation 98057–3356; telephone 425–227–1175; during takeoff, for whatever reason, are not in the United States. Pursuant to our fax 425–227–1149. properly performed. After evaluation, the bilateral agreement with the State of conclusion was that the incorporation of SB SUPPLEMENTARY INFORMATION: Design Authority, we have been notified 145–27–0115 would take away an important tactile cue regarding the thrust levers of the unsafe condition described in the Comments Invited MCAI and service information position, which, in a timely manner, would We invite you to send any written alert the crew of an improper takeoff referenced above. We are proposing this relevant data, views, or arguments about configuration. During takeoffs, or attempts AD because we evaluated all pertinent this proposal. Send your comments to thereof, in such condition, the airplane information and determined an unsafe an address listed under the ADDRESSES would have a reduced performance, which condition exists and is likely to exist or section. Include ‘‘Docket No. FAA– would increase the required takeoff distance develop on other products of these same 2017–0250; Directorate Identifier 2016– or the RTO distance, and reduce the airplane type designs. capacity to clear obstacles. NM–158–AD’’ at the beginning of your Since this condition may occur in other Costs of Compliance comments. We specifically invite airplanes of the same type and affects flight comments on the overall regulatory, safety, a corrective action is required. Thus, We estimate that this proposed AD economic, environmental, and energy sufficient reason exists to request compliance affects 668 airplanes of U.S. registry. aspects of this proposed AD. We will with this [Brazilian] AD in the indicated time We estimate the following costs to consider all comments received by the limit. comply with this proposed AD: ESTIMATED COSTS Cost per Cost on U.S. Action Labor cost Parts cost product operators Inspection ..... 1 work-hour × $85 per hour = $85 ................................................................... $0 $85 $56,780 asabaliauskas on DSK3SPTVN1PROD with PROPOSALS We estimate the following costs to do be required based on the results of the determining the number of aircraft that any necessary replacements that would proposed inspection. We have no way of might need this replacement: VerDate Sep<11>2014 16:53 Apr 19, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1

18592 Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Proposed Rules ON-CONDITION COSTS Cost per Action Labor cost Parts cost product Replacement 1 work-hour × $85 per hour = $85 ................................................................................................ $6,315 $6,400 Authority for This Rulemaking PART 39—AIRWORTHINESS the actions specified in Embraer Service DIRECTIVES Bulletin 145–27–0115 have been done. Title 49 of the United States Code specifies the FAA’s authority to issue (h) Corrective Action ■ 1. The authority citation for part 39 rules on aviation safety. Subtitle I, If the check or inspection required by continues to read as follows: paragraph (g) of this AD indicates that the section 106, describes the authority of the FAA Administrator. ‘‘Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. actions in Embraer Service Bulletin 145–27– Aviation Programs,’’ describes in more 0115 have been done: Within 5,000 flight § 39.13 [Amended] hours or 24 months after the effective date of detail the scope of the Agency’s ■ 2. The FAA amends § 39.13 by adding this AD, whichever occurs first, replace the authority. gust lock lever, in accordance with the We are issuing this rulemaking under the following new airworthiness directive (AD): Accomplishment Instructions of Embraer the authority described in ‘‘Subtitle VII, Service Bulletin 145–27–0126, dated October Part A, Subpart III, Section 44701: Empresa Brasileira de Aeronautica S.A. 6, 2015. General requirements.’’ Under that (Embraer): Docket No. FAA–2017–0250; Directorate Identifier 2016–NM–158–AD. (i) Acceptable Alternative section, Congress charges the FAA with promoting safe flight of civil aircraft in (a) Comments Due Date Reversion of the airplane to a pre- modification condition (configuration before air commerce by prescribing regulations We must receive comments by June 5, incorporating Embraer Service Bulletin 145– for practices, methods, and procedures 2017. 27–0115), within the compliance times the Administrator finds necessary for specified in paragraph (h) of this AD, in (b) Affected ADs safety in air commerce. This regulation accordance with a method approved by the is within the scope of that authority None. Manager, International Branch, ANM–116, because it addresses an unsafe condition (c) Applicability Transport Airplane Directorate, FAA; or the that is likely to exist or develop on Agência Nacional de Aviação Civil (ANAC); This AD applies to all Empresa Brasileira products identified in this rulemaking or ANAC’s authorized Designee, is acceptable de Aeronautica S.A. (Embraer) Model EMB– for compliance with paragraph (h) of this AD. action. 135ER, –135KE, –135KL, –135LR, –145, –145ER, –145MR, –145LR, –145XR, –145MP, (j) Prohibited Modification Regulatory Findings and –145EP airplanes, certificated in any As of the effective date of this AD, do not We determined that this proposed AD category. accomplish the actions specified in Embraer would not have federalism implications (d) Subject Service Bulletin 145–27–0115 on any under Executive Order 13132. This Air Transport Association (ATA) of airplane. proposed AD would not have a America Code 27, Flight controls. (k) Other FAA AD Provisions substantial direct effect on the States, on (e) Reason The following provisions also apply to this the relationship between the national AD: Government and the States, or on the This AD was prompted by a report of (1) Alternative Methods of Compliance distribution of power and airplanes with modified gust lock levers that (AMOCs): The Manager, International responsibilities among the various performed take-offs or rejected take-offs Branch, ANM–116, Transport Airplane (RTOs), in such a configuration that the gust levels of government. Directorate, FAA, has the authority to lock lever prevented the thrust lever’s full For the reasons discussed above, I excursion, thus limiting the engine power to approve AMOCs for this AD, if requested certify this proposed regulation: using the procedures found in 14 CFR 39.19. about 70% of the nominal take-off power. We 1. Is not a ‘‘significant regulatory In accordance with 14 CFR 39.19, send your are issuing this AD to prevent incorrect action’’ under Executive Order 12866; request to your principal inspector or local configuration of the gust lock lever, which 2. Is not a ‘‘significant rule’’ under the Flight Standards District Office, as could reduce the airplane’s performance appropriate. If sending information directly DOT Regulatory Policies and Procedures during take-offs or attempted take-offs, to the International Branch, send it to ATTN: (44 FR 11034, February 26, 1979); increase the required take-off distance or the RTO distance, and reduce the airplane’s Todd Thompson, Aerospace Engineer, 3. Will not affect intrastate aviation in International Branch, ANM–116, Transport Alaska; and capacity to clear obstacles. Airplane Directorate, FAA, 1601 Lind 4. Will not have a significant (f) Compliance Avenue SW., Renton, WA 98057–3356; economic impact, positive or negative, Comply with this AD within the telephone 425–227–1175; fax 425–227–1149. on a substantial number of small entities compliance times specified, unless already Information may be emailed to: 9-ANM-116- under the criteria of the Regulatory done. AMOC-REQUESTS@faa.gov. Before using Flexibility Act. any approved AMOC, notify your appropriate (g) Inspection principal inspector, or lacking a principal List of Subjects in 14 CFR Part 39 Within 5,000 flight hours or 24 months inspector, the manager of the local flight asabaliauskas on DSK3SPTVN1PROD with PROPOSALS Air transportation, Aircraft, Aviation after the effective date of this AD, whichever standards district office/certificate holding occurs first: Check the airplane maintenance district office. safety, Incorporation by reference, records to determine whether the actions (2) Contacting the Manufacturer: For any Safety. requirement in this AD to obtain corrective specified in Embraer Service Bulletin 145– The Proposed Amendment 27–0115 have been done. If the records actions from a manufacturer, the action must review is inconclusive, inspect the engine be accomplished using a method approved Accordingly, under the authority control box assembly against the by the Manager, International Branch, ANM– delegated to me by the Administrator, Accomplishment Instructions of Embraer 116, Transport Airplane Directorate, FAA; or the FAA proposes to amend 14 CFR part Service Bulletin 145–27–0115, Revision 03, ANAC; or ANAC’s authorized Designee. If 39 as follows: dated October 5, 2015, to determine whether approved by the ANAC Designee, the VerDate Sep<11>2014 16:53 Apr 19, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1

Federal Register / Vol. 82, No. 75 / Thursday, April 20, 2017 / Proposed Rules 18593 approval must include the Designee’s Washington, DC 20590; telephone (202) Comments Invited authorized signature. 366–9826, or 1–800–647–5527. You Interested parties are invited to (l) Related Information must identify FAA Docket No. FAA– participate in this proposed rulemaking (1) Refer to Mandatory Continuing 2017–0175; Airspace Docket No. 17– by submitting such written data, views, Airworthiness Information (MCAI) Brazilian ACE–2, at the beginning of your or arguments, as they may desire. Airworthiness Directive 2016–07–01, dated comments. You may also submit Comments that provide the factual basis July 18, 2016, for related information. This comments through the Internet at http:// supporting the views and suggestions MCAI may be found in the AD docket on the www.regulations.gov. You may review presented are particularly helpful in Internet at http://www.regulations.gov by the public docket containing the searching for and locating Docket No. FAA– developing reasoned regulatory proposal, any comments received, and decisions on the proposal. Comments 2017–0250. any final disposition in person in the (2) For service information identified in are specifically invited on the overall Dockets Office between 9:00 a.m. and regulatory, aeronautical, economic, this AD, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical 5:00 p.m., Monday through Friday, environmental, and energy-related Publications Section (PC 060), Av. Brigadeiro except Federal holidays. aspects of the proposal. Faria Lima, 2170–Putim–12227–901 São Jose FAA Order 7400.11A, Airspace Communications should identify both dos Campos–SP—Brasil; telephone +55 12 Designations and Reporting Points, and docket numbers and be submitted in 3927–5852 or +55 12 3309–0732; fax +55 12 subsequent amendments can be viewed triplicate to the address listed above. 3927–7546; email distrib@embraer.com.br; online at http://www.faa.gov/air_traffic/ Internet http://www.flyembraer.com. You Commenters wishing the FAA to publications/. For further information, acknowledge receipt of their comments may view this service information at the FAA, Transport Airplane Directorate, 1601 you can contact the Airspace Policy on this notice must submit with those Lind Avenue SW., Renton, WA. For Group, Federal Aviation comments a self-addressed, stamped information on the availability of this Administration, 800 Independence postcard on which the following material at the FAA, call 425–227–1221. Avenue, SW., Washington, DC, 20591; statement is made: ‘‘Comments to Issued in Renton, Washington, on April 11, telephone: 202–267–8783. The Order is Docket No. FAA–2017–0175/Airspace 2017. also available for inspection at the Docket No. 17–ACE–2.’’ The postcard Dionne Palermo, National Archives and Records will be date/time stamped and returned Administration (NARA). For to the commenter. Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. information on the availability of FAA All communications received before Order 7400.11A at NARA, call 202–741– the specified closing date for comments [FR Doc. 2017–07748 Filed 4–19–17; 8:45 am] 6030, or go to http://www.archives.gov/ will be considered before taking action BILLING CODE 4910–13–P federal_register/code_of_federal- on the proposed rule. The proposal regulations/ibr_locations.html. contained in this notice may be changed DEPARTMENT OF TRANSPORTATION FAA Order 7400.11, Airspace in light of the comments received. A Designations and Reporting Points, is report summarizing each substantive Federal Aviation Administration published yearly and effective on public contact with FAA personnel September 15. concerned with this rulemaking will be 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: filed in the docket. [Docket No. FAA–2017–0175; Airspace Rebecca Shelby, Federal Aviation Availability of NPRMs Docket No. 17–ACE–2] Administration, Contract Support, Operations Support Group, Central An electronic copy of this document Proposed Amendment of Class E Service Center, 10101 Hillwood may be downloaded through the Airspace; Hebron, NE Parkway, Fort Worth, TX, 76177; Internet at http://www.regulations.gov. telephone (817) 222–5859. Recently published rulemaking AGENCY: Federal Aviation documents can also be accessed through Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: the FAA’s Web page at http:// ACTION: Notice of proposed rulemaking Authority for This Rulemaking www.faa.gov//air_traffic/publications/ (NPRM). airspace_amendments/. The FAA’s authority to issue rules You may review the public docket SUMMARY: This action proposes to regarding aviation safety is found in containing the proposal, any comments modify Class E airspace extending Title 49 of the United States Code. received, and any final disposition in upward from 700 feet above the surface Subtitle I, Section 106 describes the person in the Dockets Office (see the at Hebron Municipal Airport, Hebron, authority of the FAA Administrator. ADDRESSES section for the address and NE. This action is necessary due to the Subtitle VII, Aviation Programs, phone number) between 9:00 a.m. and decommissioning of the Hebron non- describes in more detail the scope of the 5:00 p.m., Monday through Friday, directional radio beacon (NDB), and agency’s authority. This rulemaking is except federal holidays. An informal cancellation of the NDB approach. This promulgated under the authority docket may also be examined during proposed change would enhance the described in Subtitle VII, Part, A, normal business hours at the Federal safety and management of standard Subpart I, Section 40103. Under that Aviation Administration, Air Traffic instrument approach procedures for section, the FAA is charged with Organization, Central Service Center, asabaliauskas on DSK3SPTVN1PROD with PROPOSALS instrument flight rules (IFR) operations prescribing regulations to assign the use Operations Support Group, 10101 at the airport. of airspace necessary to ensure the Hillwood Parkway, Fort Worth, TX, DATES: Comments must be received on safety of aircraft and the efficient use of 76177. or before June 5, 2017. airspace. This regulation is within the ADDRESSES: Send comments on this scope of that authority as it would Availability and Summary of proposal to the U.S. Department of amend Class E airspace extending Documents Proposed for Incorporation Transportation, Docket Operations, upward from 700 feet above the surface by Reference West Building Ground Floor, Room at Hebron Municipal Airport, Hebron, This document proposes to amend W12–140, 1200 New Jersey Avenue SE., NE. FAA Order 7400.11A, Airspace VerDate Sep<11>2014 16:53 Apr 19, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.SGM 20APP1


Document Created: 2017-04-20 01:42:18
Document Modified: 2017-04-20 01:42:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by June 5, 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 18590 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
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