82_FR_23250 82 FR 23153 - Airworthiness Directives; Embraer S.A. Airplanes

82 FR 23153 - Airworthiness Directives; Embraer S.A. Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 97 (May 22, 2017)

Page Range23153-23156
FR Document2017-10136

We are revising an earlier notice of proposed rulemaking (NPRM) to supersede an Airworthiness Directive (AD) for all Embraer S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. This action revises the NPRM by adding a requirement to revise the maintenance or inspection program, as applicable, to incorporate new airworthiness limitations and adding certain airplanes to the applicability. We are proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes.

Federal Register, Volume 82 Issue 97 (Monday, May 22, 2017)
[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Proposed Rules]
[Pages 23153-23156]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10136]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Proposed 
Rules

[[Page 23153]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0008; Directorate Identifier 2013-NM-076-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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

SUMMARY: We are revising an earlier notice of proposed rulemaking 
(NPRM) to supersede an Airworthiness Directive (AD) for all Embraer 
S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and Model 
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. This action revises 
the NPRM by adding a requirement to revise the maintenance or 
inspection program, as applicable, to incorporate new airworthiness 
limitations and adding certain airplanes to the applicability. We are 
proposing this airworthiness directive (AD) to address the unsafe 
condition on these products. Since these actions impose an additional 
burden over those proposed in the NPRM, we are reopening the comment 
period to allow the public the chance to comment on these proposed 
changes.

DATES: The comment period for the NPRM published in the Federal 
Register on February 3, 2014 (79 FR 6106), is reopened.
    We must receive comments on this SNPRM by July 6, 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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this SNPRM, contact Embraer 
S.A., 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 distrib@embraer.com.br; 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-2014-
0008; 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 SNPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket 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: Ana Martinez Hueto, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1622; fax 425-227-1320.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0008; 
Directorate Identifier 2013-NM-076-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this SNPRM. We will 
consider all comments received by the closing date and may amend this 
SNPRM 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 SNPRM.

Discussion

    On November 13, 2012, we issued AD 2012-23-09, Amendment 39-17265 
(77 FR 73270, December 10, 2012) (``AD 2012-23-09''). AD 2012-23-09 
requires actions intended to address an unsafe condition on all Embraer 
S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and Model 
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes.
    We issued an NPRM to amend 14 CFR part 39 by adding an AD to 
supersede AD 2012-23-09 that would apply to all Embraer S.A. Model ERJ 
190-100 STD, -100 LR, and -100 IGW airplanes; and Model ERJ 190-200 
STD, -200 LR, and -200 IGW airplanes. The NPRM published in the Federal 
Register on February 3, 2014 (79 FR 6106). The NPRM was prompted by a 
determination that more restrictive maintenance requirements and 
airworthiness limitations were necessary. The NPRM proposed to require 
a revision to the maintenance or inspection program to incorporate new 
inspection tasks and their respective thresholds and intervals.

Actions Since the NPRM was Issued

    Since we issued the NPRM, a new revision of the airworthiness 
limitations section (ALS) of the EMBRAER ERJ 190/195 Maintenance Review 
Board Report (MRBR) was issued, which contains more restrictive 
airworthiness limitations. The Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for 
Brazil, has issued Brazilian Airworthiness Directive 2016-04-01, 
effective April 4, 2016 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition on certain Embraer S.A. Model ERJ 190-100 STD, -100 
LR, -100 IGW, and -100 ECJ airplanes; and

[[Page 23154]]

Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. The MCAI 
states:

    This [Brazilian] AD was prompted by a determination that 
existing maintenance requirements and airworthiness limitations are 
inadequate to ensure the structural integrity of the airplane. We 
are issuing this [Brazilian] AD to prevent failure of certain system 
components, which could result in reduced structural integrity [and 
system reliability] of the airplane.

    The required action is revising the maintenance or inspection 
program, as applicable, to incorporate the airworthiness limitations.
    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-2014-
0008.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Appendix A--Airworthiness Limitations, Part 
1--Certification Maintenance Requirements, Part 2--Airworthiness 
Limitation Inspections--Structures, Part 3--Fuel System Limitation 
Items, and Part 4--Life-Limited Items, of the EMBRAER ERJ 190/195 
Maintenance Review Board Report (MRBR), MRB-1928, Revision 9, dated 
August 14, 2015 (``MRB-1928, Revision 9''). This service information 
describes airworthiness limitations (Part 1, Part 2, Part 3, and Part 4 
in Appendix A--Airworthiness Limitations of MRB-1928, Revision 9, make 
up the airworthiness limitations).
    Embraer S.A. has also issued Temporary Revision 9-1, dated October 
27, 2015, to Appendix A--Airworthiness Limitations, of MRB-1928, 
Revision 9, which provides revised airworthiness limitation inspections 
and life limited items due to new structural provisions for Live TV and 
Connectivity System.
    In addition, Embraer S.A. has issued Temporary Revision 9-3, dated 
October 27, 2015, to Appendix A--Airworthiness Limitations, of MRB-
1928, Revision 9, which updates the life limitations of certain main 
landing gear and nose landing gear components.
    Embraer S.A. has also issued Appendix A, Airworthiness Limitation, 
of the EMBRAER ERJ 190-100 ECJ Maintenance Planning Guide (MPG), MPG-
2928, Revision 4, dated July 14, 2014 (``MPG-2928, Revision 4''). This 
service information describes airworthiness limitations (Part 1, 
Certification Maintenance Requirements, Part 2, Airworthiness 
Limitation Inspections--Structures, Part 3, Fuel System Limitation 
Items, and Part 4, Life Limited Items, of the MPG make up the 
airworthiness limitations).
    Embraer S.A. has also issued Temporary Revision 4-2, dated February 
13, 2015, to Appendix A, Part 2, of MPG-2928, Revision 4, which 
describes detailed inspections for the upper doubler at the forward 
passenger door cutout.
    Furthermore, Embraer S.A. has issued Temporary Revision 4-3, dated 
October 30, 2015, to Appendix A, Part 4, of MPG-2928, Revision 4, which 
updates the life limitations of certain main landing gear and nose 
landing components.
    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.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

FAA's Determination and Requirements of This SNPRM

    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(k)(1) of this proposed AD. The request should include a description of 
changes to the required inspections that will ensure the continued 
damage tolerance of the affected structure.
    Notwithstanding any other maintenance or operational requirements, 
components that have been identified as airworthy or installed on the 
affected airplanes before accomplishing the revision of the airplane 
maintenance or inspection program specified in this proposed AD, do not 
need to be reworked in accordance with the CDCCLs. However, once the 
airplane maintenance or inspection program has been revised as required 
by this proposed AD, future maintenance actions on these components 
must be done in accordance with the CDCCLs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 83 airplanes of U.S. registry.
    The actions that are required by AD 2012-23-09 and retained in this 
SNPRM take about 1 work-hour per product, at an average labor rate of 
$85 per work-hour. Required parts cost about $0 per product. Based on 
these figures, the estimated cost of the actions that were required by 
AD 2012-23-09 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the new basic requirements of this SNPRM. The average 
labor rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this SNPRM on 
U.S. operators to be $7,055, or $85 per product.

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;

[[Page 23155]]

    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 removing Airworthiness Directive (AD) 
2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012), and 
adding the following new airworthiness directive (AD):

Embraer S.A.: Docket No. FAA-2014-0008; Directorate Identifier 2013-
NM-076-AD.

(a) Comments Due Date

    We must receive comments by July 6, 2017.

(b) Affected ADs

    This AD replaces AD 2012-23-09, Amendment 39-17265 (77 FR 73270, 
December 10, 2012) (``AD 2012-23-09'').

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR, 
-100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 
LR, and -200 IGW airplanes; certificated in any category; serial 
numbers 19000002, 19000004, 19000006 through 19000213 inclusive, 
19000215 through 19000276 inclusive, 19000278 through 19000466 
inclusive, 19000468 through 19000525 inclusive, and 19000527 through 
19000696 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Codes 27, Flight 
controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons; 
55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.

(e) Reason

    This AD was prompted by a determination that more restrictive 
airworthiness limitations are necessary. We are issuing this AD to 
detect and correct fatigue cracking of structural components and to 
prevent failure of certain system components; these conditions could 
result in reduced structural integrity and system reliability of the 
airplane.

(f) Compliance

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

(g) Retained Revision of the Maintenance Program, With No Changes

    For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, ERJ 
190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: This 
paragraph restates the actions required by paragraph (h) of AD 2012-
23-09, with no changes. Within 90 days after January 14, 2013 (the 
effective date of AD 2012-23-09), revise the maintenance program to 
incorporate the tasks specified in Part 2--Airworthiness Limitation 
Inspections (ALI)--Structures, of Appendix A, Airworthiness 
Limitations (AL), of the EMBRAER 190 Maintenance Review Board 
Report, MRB-1928, Revision 5, dated November 11, 2010; and EMBRAER 
Temporary Revision (TR) 5-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix 
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance 
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010; 
with the thresholds and intervals stated in these documents. The 
initial compliance times for the tasks are stated in the 
``Implementation Plan'' section of Appendix A, Airworthiness 
Limitations (AL), of the EMBRAER 190 Maintenance Review Board 
Report, MRB-1928, Revision 5, dated November 11, 2010.

(h) Retained No Alternative Actions or Intervals, With New Exception

    This paragraph restates the actions required by paragraph (i) of 
AD 2012-23-09, with a new exception. After accomplishing the 
revision required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals, may be used, unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (k)(1) of this AD, and except as required by paragraph (i) 
of this AD.

(i) New Requirements of This AD: Revision of the Maintenance or 
Inspection Program

    (1) For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, 
ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: 
Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
tasks specified in Part 2--Airworthiness Limitation Inspections--
Structures, of Appendix A--Airworthiness Limitations, of the EMBRAER 
190/195 Maintenance Review Board Report, MRB-1928, Revision 9, dated 
August 14, 2015 (``MRB-1928, Revision 9''); EMBRAER Temporary 
Revision 9-1, dated October 27, 2015, to Part 2--Airworthiness 
Limitation Inspections--Structures, and Part 4--Life Limited Items, 
of Appendix A, Airworthiness Limitations, of MRB-1928, Revision 9; 
and EMBRAER Temporary Revision 9-3, dated October 27, 2015, to Part 
2--Airworthiness Limitation Inspections--Structures, of Appendix A, 
Airworthiness Limitations, of MRB-1928, Revision 9; with the 
thresholds and intervals stated in these documents. The initial 
compliance times for the tasks are at the later of the times 
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. Doing 
the revision required by this paragraph terminates the revision 
required by paragraph (g) of this AD.
    (i) Within the applicable times specified in MRB-1928, Revision 
9; EMBRAER Temporary Revision 9-1, dated October 27, 2015, to Part 
2--Airworthiness Limitation Inspections--Structures, and Part 4--
Life Limited Items, of Appendix A, Airworthiness Limitations, of 
MRB-1928, Revision 9; and EMBRAER Temporary Revision 9-3, dated 
October 27, 2015, to Part 2--Airworthiness Limitation Inspections--
Structures, of Appendix A, Airworthiness Limitations, of MRB-1928, 
Revision 9. Where tasks are listed in both MRB-1928, Revision 9, and 
a temporary revision, the compliance times in the temporary revision 
take precedence.
    (ii) Within 90 days or 600 flight cycles after the effective 
date of this AD, whichever occurs later.
    (2) For Model ERJ 190-100 ECJ airplanes: Within 90 days after 
the effective date of this AD, revise the maintenance or inspection 
program, as applicable, to incorporate the tasks specified in Part 
1, Certification Maintenance Requirements, Part 2, Airworthiness 
Limitation Inspections--Structures, Part 3, Fuel System Limitation 
Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness 
Limitation, of the EMBRAER ERJ 190-100 ECJ Maintenance Planning 
Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER Temporary 
Revision (TR) 4-2, dated February 13, 2015, and EMBRAER TR 4-3, 
dated October 30, 2015; with the thresholds and intervals stated in 
these documents. The initial compliance times for the tasks are at 
the later of the times specified in paragraphs (i)(2)(i) and 
(i)(2)(ii) of this AD.
    (i) Within the applicable times specified in Part 1, 
Certification Maintenance Requirements, Part 2, Airworthiness 
Limitation Inspections--Structures, Part 3, Fuel System Limitation 
Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness 
Limitation, of the EMBRAER ERJ 190-100 ECJ Maintenance Planning 
Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER TR 4-2, 
dated February 13, 2015; and EMBRAER TR 4-3, dated October 30, 2015. 
Where tasks are listed in both MPG-2928, Revision 4, and a temporary 
revision, the compliance times in the temporary revision take 
precedence.
    (ii) Within 90 days or 600 flight cycles after the effective 
date of this AD, whichever occurs later.

(j) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After accomplishment of the revision required by paragraph (i) 
of this AD, no alternative actions (e.g., inspections), intervals, 
and/or CDCCLs may be used unless the actions, intervals, and/or 
CDCCLs are

[[Page 23156]]

approved as an AMOC in accordance with the procedures specified in 
paragraph (k)(1) of this AD.

(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 the attention of 
the person identified in paragraph (l)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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: As of the effective date of 
this AD, 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.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2016-04-01, effective April 
4, 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-2014-0008.
    (2) For more information about this AD, contact Ana Martinez 
Hueto, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1622; fax 425-227-1320.
    (3) For service information identified in this AD, contact 
Embraer S.A., 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 distrib@embraer.com.br; 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 May 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10136 Filed 5-19-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                                                                                                                                                                23153

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 82, No. 97

                                                                                                                                                               Monday, May 22, 2017



                                                 This section of the FEDERAL REGISTER                      • Mail: U.S. Department of                          your comments. We specifically invite
                                                 contains notices to the public of the proposed          Transportation, Docket Operations, M–                 comments on the overall regulatory,
                                                 issuance of rules and regulations. The                  30, West Building Ground Floor, Room                  economic, environmental, and energy
                                                 purpose of these notices is to give interested          W12–140, 1200 New Jersey Avenue SE.,                  aspects of this SNPRM. We will
                                                 persons an opportunity to participate in the            Washington, DC 20590.                                 consider all comments received by the
                                                 rule making prior to the adoption of the final
                                                 rules.
                                                                                                           • Hand Delivery: U.S. Department of                 closing date and may amend this
                                                                                                         Transportation, Docket Operations, M–                 SNPRM based on those comments.
                                                                                                         30, West Building Ground Floor, Room                    We will post all comments we
                                                 DEPARTMENT OF TRANSPORTATION                            W12–140, 1200 New Jersey Avenue SE.,                  receive, without change, to http://
                                                                                                         Washington, DC, between 9 a.m. and 5                  www.regulations.gov, including any
                                                 Federal Aviation Administration                         p.m., Monday through Friday, except                   personal information you provide. We
                                                                                                         Federal holidays.                                     will also post a report summarizing each
                                                 14 CFR Part 39                                            For service information identified in               substantive verbal contact we receive
                                                                                                         this SNPRM, contact Embraer S.A.,                     about this SNPRM.
                                                 [Docket No. FAA–2014–0008; Directorate                  Technical Publications Section (PC
                                                 Identifier 2013–NM–076–AD]                              060), Av. Brigadeiro Faria Lima, 2170—                Discussion
                                                 RIN 2120–AA64                                           Putim—12227–901 São Jose dos                           On November 13, 2012, we issued AD
                                                                                                         Campos—SP—BRASIL; telephone +55                       2012–23–09, Amendment 39–17265 (77
                                                 Airworthiness Directives; Embraer S.A.                  12 3927–5852 or +55 12 3309–0732; fax                 FR 73270, December 10, 2012) (‘‘AD
                                                 Airplanes                                               +55 12 3927–7546; email distrib@                      2012–23–09’’). AD 2012–23–09 requires
                                                                                                         embraer.com.br; Internet http://                      actions intended to address an unsafe
                                                 AGENCY:  Federal Aviation                               www.flyembraer.com. You may view                      condition on all Embraer S.A. Model
                                                 Administration (FAA), DOT.                              this referenced service information at                ERJ 190–100 STD, –100 LR, and –100
                                                 ACTION: Supplemental notice of                          the FAA, Transport Airplane                           IGW airplanes; and Model ERJ 190–200
                                                 proposed rulemaking (SNPRM);                            Directorate, 1601 Lind Avenue SW.,                    STD, –200 LR, and –200 IGW airplanes.
                                                 reopening of comment period.                            Renton, WA. For information on the                      We issued an NPRM to amend 14 CFR
                                                                                                         availability of this material at the FAA,             part 39 by adding an AD to supersede
                                                 SUMMARY:   We are revising an earlier                   call 425–227–1221.                                    AD 2012–23–09 that would apply to all
                                                 notice of proposed rulemaking (NPRM)                                                                          Embraer S.A. Model ERJ 190–100 STD,
                                                 to supersede an Airworthiness Directive                 Examining the AD Docket
                                                                                                                                                               –100 LR, and –100 IGW airplanes; and
                                                 (AD) for all Embraer S.A. Model ERJ                       You may examine the AD docket on                    Model ERJ 190–200 STD, –200 LR, and
                                                 190–100 STD, –100 LR, and –100 IGW                      the Internet at http://                               –200 IGW airplanes. The NPRM
                                                 airplanes; and Model ERJ 190–200 STD,                   www.regulations.gov by searching for                  published in the Federal Register on
                                                 –200 LR, and –200 IGW airplanes. This                   and locating Docket No. FAA–2014–                     February 3, 2014 (79 FR 6106). The
                                                 action revises the NPRM by adding a                     0008; or in person at the Docket                      NPRM was prompted by a
                                                 requirement to revise the maintenance                   Management Facility between 9 a.m.                    determination that more restrictive
                                                 or inspection program, as applicable, to                and 5 p.m., Monday through Friday,                    maintenance requirements and
                                                 incorporate new airworthiness                           except Federal holidays. The AD docket                airworthiness limitations were
                                                 limitations and adding certain airplanes                contains this SNPRM, the regulatory                   necessary. The NPRM proposed to
                                                 to the applicability. We are proposing                  evaluation, any comments received, and                require a revision to the maintenance or
                                                 this airworthiness directive (AD) to                    other information. The street address for             inspection program to incorporate new
                                                 address the unsafe condition on these                   the Docket Office (telephone: 800–647–                inspection tasks and their respective
                                                 products. Since these actions impose an                 5527) is in the ADDRESSES section.                    thresholds and intervals.
                                                 additional burden over those proposed                   Comments will be available in the AD
                                                 in the NPRM, we are reopening the                       docket shortly after receipt.                         Actions Since the NPRM was Issued
                                                 comment period to allow the public the                  FOR FURTHER INFORMATION CONTACT: Ana                    Since we issued the NPRM, a new
                                                 chance to comment on these proposed                     Martinez Hueto, Aerospace Engineer,                   revision of the airworthiness limitations
                                                 changes.                                                International Branch, ANM–116,                        section (ALS) of the EMBRAER ERJ 190/
                                                 DATES: The comment period for the                       Transport Airplane Directorate, FAA,                  195 Maintenance Review Board Report
                                                 NPRM published in the Federal                           1601 Lind Avenue SW., Renton, WA                      (MRBR) was issued, which contains
                                                 Register on February 3, 2014 (79 FR                     98057–3356; telephone 425–227–1622;                   more restrictive airworthiness
                                                 6106), is reopened.                                     fax 425–227–1320.                                     limitations. The Agência Nacional de
                                                   We must receive comments on this                      SUPPLEMENTARY INFORMATION:                            Aviação Civil (ANAC), which is the
                                                 SNPRM by July 6, 2017.                                                                                        aviation authority for Brazil, has issued
                                                                                                         Comments Invited
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                                                 ADDRESSES: You may send comments,                                                                             Brazilian Airworthiness Directive 2016–
                                                 using the procedures found in 14 CFR                      We invite you to send any written                   04–01, effective April 4, 2016 (referred
                                                 11.43 and 11.45, by any of the following                relevant data, views, or arguments about              to after this as the Mandatory
                                                 methods:                                                this proposed AD. Send your comments                  Continuing Airworthiness Information,
                                                   • Federal eRulemaking Portal: Go to                   to an address listed under the                        or ‘‘the MCAI’’), to correct an unsafe
                                                 http://www.regulations.gov. Follow the                  ADDRESSES section. Include ‘‘Docket No.               condition on certain Embraer S.A.
                                                 instructions for submitting comments.                   FAA–2014–0008; Directorate Identifier                 Model ERJ 190–100 STD, –100 LR, –100
                                                   • Fax: 202–493–2251.                                  2013–NM–076–AD’’ at the beginning of                  IGW, and –100 ECJ airplanes; and


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                                                 23154                     Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Proposed Rules

                                                 Model ERJ 190–200 STD, –200 LR, and                        Embraer S.A. has also issued                       result, we have determined that it is
                                                 –200 IGW airplanes. The MCAI states:                    Temporary Revision 4–2, dated                         necessary to reopen the comment period
                                                   This [Brazilian] AD was prompted by a                 February 13, 2015, to Appendix A, Part                to provide additional opportunity for
                                                 determination that existing maintenance                 2, of MPG–2928, Revision 4, which                     the public to comment on this SNPRM.
                                                 requirements and airworthiness limitations              describes detailed inspections for the
                                                 are inadequate to ensure the structural                 upper doubler at the forward passenger                Costs of Compliance
                                                 integrity of the airplane. We are issuing this          door cutout.                                             We estimate that this SNPRM affects
                                                 [Brazilian] AD to prevent failure of certain               Furthermore, Embraer S.A. has issued               83 airplanes of U.S. registry.
                                                 system components, which could result in                Temporary Revision 4–3, dated October                    The actions that are required by AD
                                                 reduced structural integrity [and system                30, 2015, to Appendix A, Part 4, of
                                                 reliability] of the airplane.                                                                                 2012–23–09 and retained in this
                                                                                                         MPG–2928, Revision 4, which updates                   SNPRM take about 1 work-hour per
                                                   The required action is revising the                   the life limitations of certain main                  product, at an average labor rate of $85
                                                 maintenance or inspection program, as                   landing gear and nose landing                         per work-hour. Required parts cost
                                                 applicable, to incorporate the                          components.                                           about $0 per product. Based on these
                                                 airworthiness limitations.                                 This service information is reasonably             figures, the estimated cost of the actions
                                                   You may examine the MCAI in the                       available because the interested parties              that were required by AD 2012–23–09 is
                                                 AD docket on the Internet at http://                    have access to it through their normal                $85 per product.
                                                 www.regulations.gov by searching for                    course of business or by the means                       We also estimate that it would take
                                                 and locating Docket No. FAA–2014–                       identified in the ADDRESSES section.                  about 1 work-hour per product to
                                                 0008.
                                                                                                         Comments                                              comply with the new basic
                                                 Related Service Information Under 1                                                                           requirements of this SNPRM. The
                                                                                                           We gave the public the opportunity to
                                                 CFR Part 51                                                                                                   average labor rate is $85 per work-hour.
                                                                                                         participate in developing this proposed
                                                    Embraer S.A. has issued Appendix                                                                           Required parts would cost about $0 per
                                                                                                         AD. We received no comments on the
                                                 A—Airworthiness Limitations, Part 1—                                                                          product. Based on these figures, we
                                                                                                         NPRM or on the determination of the
                                                 Certification Maintenance                                                                                     estimate the cost of this SNPRM on U.S.
                                                                                                         cost to the public.
                                                 Requirements, Part 2—Airworthiness                                                                            operators to be $7,055, or $85 per
                                                 Limitation Inspections—Structures, Part                 FAA’s Determination and Requirements                  product.
                                                 3—Fuel System Limitation Items, and                     of This SNPRM
                                                                                                                                                               Authority for This Rulemaking
                                                 Part 4—Life-Limited Items, of the                          This proposed AD would require
                                                 EMBRAER ERJ 190/195 Maintenance                         revisions to certain operator                            Title 49 of the United States Code
                                                 Review Board Report (MRBR), MRB–                        maintenance documents to include new                  specifies the FAA’s authority to issue
                                                 1928, Revision 9, dated August 14, 2015                 actions (e.g., inspections) and Critical              rules on aviation safety. Subtitle I,
                                                 (‘‘MRB–1928, Revision 9’’). This service                Design Configuration Control                          section 106, describes the authority of
                                                 information describes airworthiness                     Limitations (CDCCLs). Compliance with                 the FAA Administrator. ‘‘Subtitle VII:
                                                 limitations (Part 1, Part 2, Part 3, and                these actions and CDCCLs is required by               Aviation Programs,’’ describes in more
                                                 Part 4 in Appendix A—Airworthiness                      14 CFR 91.403(c). For airplanes that                  detail the scope of the Agency’s
                                                 Limitations of MRB–1928, Revision 9,                    have been previously modified, altered,               authority.
                                                 make up the airworthiness limitations).                 or repaired in the areas addressed by                    We are issuing this rulemaking under
                                                    Embraer S.A. has also issued                         this proposed AD, the operator may not                the authority described in ‘‘Subtitle VII,
                                                 Temporary Revision 9–1, dated October                   be able to accomplish the actions                     Part A, Subpart III, Section 44701:
                                                 27, 2015, to Appendix A—                                described in the revisions. In this                   General requirements.’’ Under that
                                                 Airworthiness Limitations, of MRB–                      situation, to comply with 14 CFR                      section, Congress charges the FAA with
                                                 1928, Revision 9, which provides                        91.403(c), the operator must request                  promoting safe flight of civil aircraft in
                                                 revised airworthiness limitation                        approval for an alternative method of                 air commerce by prescribing regulations
                                                 inspections and life limited items due to               compliance according to paragraph                     for practices, methods, and procedures
                                                 new structural provisions for Live TV                   (k)(1) of this proposed AD. The request               the Administrator finds necessary for
                                                 and Connectivity System.                                should include a description of changes               safety in air commerce. This regulation
                                                    In addition, Embraer S.A. has issued                 to the required inspections that will                 is within the scope of that authority
                                                 Temporary Revision 9–3, dated October                   ensure the continued damage tolerance                 because it addresses an unsafe condition
                                                 27, 2015, to Appendix A—                                of the affected structure.                            that is likely to exist or develop on
                                                 Airworthiness Limitations, of MRB–                         Notwithstanding any other                          products identified in this rulemaking
                                                 1928, Revision 9, which updates the life                maintenance or operational                            action.
                                                 limitations of certain main landing gear                requirements, components that have                    Regulatory Findings
                                                 and nose landing gear components.                       been identified as airworthy or installed
                                                    Embraer S.A. has also issued                         on the affected airplanes before                        We determined that this proposed AD
                                                 Appendix A, Airworthiness Limitation,                   accomplishing the revision of the                     would not have federalism implications
                                                 of the EMBRAER ERJ 190–100 ECJ                          airplane maintenance or inspection                    under Executive Order 13132. This
                                                 Maintenance Planning Guide (MPG),                       program specified in this proposed AD,                proposed AD would not have a
                                                 MPG–2928, Revision 4, dated July 14,                    do not need to be reworked in                         substantial direct effect on the States, on
                                                 2014 (‘‘MPG–2928, Revision 4’’). This                   accordance with the CDCCLs. However,                  the relationship between the national
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                                                 service information describes                           once the airplane maintenance or                      Government and the States, or on the
                                                 airworthiness limitations (Part 1,                      inspection program has been revised as                distribution of power and
                                                 Certification Maintenance                               required by this proposed AD, future                  responsibilities among the various
                                                 Requirements, Part 2, Airworthiness                     maintenance actions on these                          levels of government.
                                                 Limitation Inspections—Structures, Part                 components must be done in                              For the reasons discussed above, I
                                                 3, Fuel System Limitation Items, and                    accordance with the CDCCLs.                           certify this proposed regulation:
                                                 Part 4, Life Limited Items, of the MPG                     Certain changes described above                      1. Is not a ‘‘significant regulatory
                                                 make up the airworthiness limitations).                 expand the scope of the NPRM. As a                    action’’ under Executive Order 12866;


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                                                                           Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Proposed Rules                                                  23155

                                                   2. Is not a ‘‘significant rule’’ under the            of certain system components; these                   October 27, 2015, to Part 2—Airworthiness
                                                 DOT Regulatory Policies and Procedures                  conditions could result in reduced structural         Limitation Inspections—Structures, of
                                                 (44 FR 11034, February 26, 1979);                       integrity and system reliability of the               Appendix A, Airworthiness Limitations, of
                                                   3. Will not affect intrastate aviation in             airplane.                                             MRB–1928, Revision 9; with the thresholds
                                                                                                                                                               and intervals stated in these documents. The
                                                 Alaska; and                                             (f) Compliance                                        initial compliance times for the tasks are at
                                                   4. Will not have a significant                           Comply with this AD within the                     the later of the times specified in paragraphs
                                                 economic impact, positive or negative,                  compliance times specified, unless already            (i)(1)(i) and (i)(1)(ii) of this AD. Doing the
                                                 on a substantial number of small entities               done.                                                 revision required by this paragraph
                                                 under the criteria of the Regulatory                                                                          terminates the revision required by paragraph
                                                                                                         (g) Retained Revision of the Maintenance
                                                 Flexibility Act.                                        Program, With No Changes
                                                                                                                                                               (g) of this AD.
                                                                                                                                                                  (i) Within the applicable times specified in
                                                 List of Subjects in 14 CFR Part 39                         For Model ERJ 190–100 STD, ERJ 190–100             MRB–1928, Revision 9; EMBRAER
                                                   Air transportation, Aircraft, Aviation                LR, ERJ 190–100 IGW, ERJ 190–200 STD, ERJ             Temporary Revision 9–1, dated October 27,
                                                                                                         190–200 LR, and ERJ 190–200 IGW airplanes:            2015, to Part 2—Airworthiness Limitation
                                                 safety, Incorporation by reference,                     This paragraph restates the actions required
                                                 Safety.                                                                                                       Inspections—Structures, and Part 4—Life
                                                                                                         by paragraph (h) of AD 2012–23–09, with no            Limited Items, of Appendix A, Airworthiness
                                                 The Proposed Amendment                                  changes. Within 90 days after January 14,             Limitations, of MRB–1928, Revision 9; and
                                                                                                         2013 (the effective date of AD 2012–23–09),           EMBRAER Temporary Revision 9–3, dated
                                                   Accordingly, under the authority                      revise the maintenance program to                     October 27, 2015, to Part 2—Airworthiness
                                                 delegated to me by the Administrator,                   incorporate the tasks specified in Part 2—            Limitation Inspections—Structures, of
                                                 the FAA proposes to amend 14 CFR part                   Airworthiness Limitation Inspections (ALI)—           Appendix A, Airworthiness Limitations, of
                                                 39 as follows:                                          Structures, of Appendix A, Airworthiness              MRB–1928, Revision 9. Where tasks are
                                                                                                         Limitations (AL), of the EMBRAER 190                  listed in both MRB–1928, Revision 9, and a
                                                 PART 39—AIRWORTHINESS                                   Maintenance Review Board Report, MRB–                 temporary revision, the compliance times in
                                                 DIRECTIVES                                              1928, Revision 5, dated November 11, 2010;            the temporary revision take precedence.
                                                                                                         and EMBRAER Temporary Revision (TR) 5–                   (ii) Within 90 days or 600 flight cycles after
                                                 ■ 1. The authority citation for part 39                 1, dated February 11, 2011, to Part 2—                the effective date of this AD, whichever
                                                 continues to read as follows:                           Airworthiness Limitation Inspections (ALI)—           occurs later.
                                                                                                         Structures, of Appendix A, Airworthiness                 (2) For Model ERJ 190–100 ECJ airplanes:
                                                     Authority: 49 U.S.C. 106(g), 40113, 44701.          Limitations (AL), of the EMBRAER 190                  Within 90 days after the effective date of this
                                                                                                         Maintenance Review Board Report, MRB–                 AD, revise the maintenance or inspection
                                                 § 39.13   [Amended]                                     1928, Revision 5, dated November 11, 2010;            program, as applicable, to incorporate the
                                                 ■ 2. The FAA amends § 39.13 by                          with the thresholds and intervals stated in           tasks specified in Part 1, Certification
                                                 removing Airworthiness Directive (AD)                   these documents. The initial compliance
                                                                                                                                                               Maintenance Requirements, Part 2,
                                                 2012–23–09, Amendment 39–17265 (77                      times for the tasks are stated in the
                                                                                                                                                               Airworthiness Limitation Inspections—
                                                 FR 73270, December 10, 2012), and                       ‘‘Implementation Plan’’ section of Appendix
                                                                                                                                                               Structures, Part 3, Fuel System Limitation
                                                 adding the following new airworthiness                  A, Airworthiness Limitations (AL), of the
                                                                                                                                                               Items, and Part 4, Life Limited Items, of
                                                                                                         EMBRAER 190 Maintenance Review Board
                                                 directive (AD):                                         Report, MRB–1928, Revision 5, dated
                                                                                                                                                               Appendix A, Airworthiness Limitation, of
                                                                                                                                                               the EMBRAER ERJ 190–100 ECJ Maintenance
                                                 Embraer S.A.: Docket No. FAA–2014–0008;                 November 11, 2010.
                                                                                                                                                               Planning Guide, MPG–2928, Revision 4,
                                                    Directorate Identifier 2013–NM–076–AD.
                                                                                                         (h) Retained No Alternative Actions or                dated July 14, 2014; EMBRAER Temporary
                                                 (a) Comments Due Date                                   Intervals, With New Exception                         Revision (TR) 4–2, dated February 13, 2015,
                                                   We must receive comments by July 6, 2017.               This paragraph restates the actions                 and EMBRAER TR 4–3, dated October 30,
                                                                                                         required by paragraph (i) of AD 2012–23–09,           2015; with the thresholds and intervals stated
                                                 (b) Affected ADs                                        with a new exception. After accomplishing             in these documents. The initial compliance
                                                   This AD replaces AD 2012–23–09,                       the revision required by paragraph (g) of this        times for the tasks are at the later of the times
                                                 Amendment 39–17265 (77 FR 73270,                        AD, no alternative actions (e.g., inspections)        specified in paragraphs (i)(2)(i) and (i)(2)(ii)
                                                 December 10, 2012) (‘‘AD 2012–23–09’’).                 or intervals, may be used, unless the actions         of this AD.
                                                                                                         or intervals are approved as an alternative              (i) Within the applicable times specified in
                                                 (c) Applicability                                                                                             Part 1, Certification Maintenance
                                                                                                         method of compliance (AMOC) in
                                                    This AD applies to Embraer S.A. Model                accordance with the procedures specified in           Requirements, Part 2, Airworthiness
                                                 ERJ 190–100 STD, –100 LR, –100 ECJ, and                 paragraph (k)(1) of this AD, and except as            Limitation Inspections—Structures, Part 3,
                                                 –100 IGW airplanes; and Model ERJ 190–200               required by paragraph (i) of this AD.                 Fuel System Limitation Items, and Part 4,
                                                 STD, –200 LR, and –200 IGW airplanes;                                                                         Life Limited Items, of Appendix A,
                                                 certificated in any category; serial numbers            (i) New Requirements of This AD: Revision             Airworthiness Limitation, of the EMBRAER
                                                 19000002, 19000004, 19000006 through                    of the Maintenance or Inspection Program              ERJ 190–100 ECJ Maintenance Planning
                                                 19000213 inclusive, 19000215 through                       (1) For Model ERJ 190–100 STD, ERJ 190–            Guide, MPG–2928, Revision 4, dated July 14,
                                                 19000276 inclusive, 19000278 through                    100 LR, ERJ 190–100 IGW, ERJ 190–200 STD,             2014; EMBRAER TR 4–2, dated February 13,
                                                 19000466 inclusive, 19000468 through                    ERJ 190–200 LR, and ERJ 190–200 IGW                   2015; and EMBRAER TR 4–3, dated October
                                                 19000525 inclusive, and 19000527 through                airplanes: Within 90 days after the effective         30, 2015. Where tasks are listed in both
                                                 19000696 inclusive.                                     date of this AD, revise the maintenance or            MPG–2928, Revision 4, and a temporary
                                                                                                         inspection program, as applicable, to                 revision, the compliance times in the
                                                 (d) Subject                                             incorporate the tasks specified in Part 2—            temporary revision take precedence.
                                                   Air Transport Association (ATA) of                    Airworthiness Limitation Inspections—                    (ii) Within 90 days or 600 flight cycles after
                                                 America Codes 27, Flight controls; 28, Fuel;            Structures, of Appendix A—Airworthiness               the effective date of this AD, whichever
                                                 52, Doors; 53, Fuselage; 54, Nacelles/pylons;           Limitations, of the EMBRAER 190/195                   occurs later.
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                                                 55, Stabilizers; 57, Wings; 71, Powerplant;             Maintenance Review Board Report, MRB–
                                                                                                         1928, Revision 9, dated August 14, 2015               (j) No Alternative Actions, Intervals, and/or
                                                 and 78, Exhaust.
                                                                                                         (‘‘MRB–1928, Revision 9’’); EMBRAER                   Critical Design Configuration Control
                                                 (e) Reason                                              Temporary Revision 9–1, dated October 27,             Limitations (CDCCLs)
                                                    This AD was prompted by a determination              2015, to Part 2—Airworthiness Limitation                 After accomplishment of the revision
                                                 that more restrictive airworthiness                     Inspections—Structures, and Part 4—Life               required by paragraph (i) of this AD, no
                                                 limitations are necessary. We are issuing this          Limited Items, of Appendix A, Airworthiness           alternative actions (e.g., inspections),
                                                 AD to detect and correct fatigue cracking of            Limitations, of MRB–1928, Revision 9; and             intervals, and/or CDCCLs may be used unless
                                                 structural components and to prevent failure            EMBRAER Temporary Revision 9–3, dated                 the actions, intervals, and/or CDCCLs are



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                                                 23156                     Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Proposed Rules

                                                 approved as an AMOC in accordance with                  DEPARTMENT OF TRANSPORTATION                          and locating Docket No. FAA–2017–
                                                 the procedures specified in paragraph (k)(1)                                                                  0477; or in person at the Docket
                                                 of this AD.                                             Federal Aviation Administration                       Management Facility between 9 a.m.
                                                 (k) Other FAA AD Provisions                                                                                   and 5 p.m., Monday through Friday,
                                                    The following provisions also apply to this          14 CFR Part 39                                        except Federal holidays. The AD docket
                                                 AD:                                                     [Docket No. FAA–2017–0477; Directorate                contains this proposed AD, the
                                                    (1) Alternative Methods of Compliance                Identifier 2016–NM–112–AD]                            regulatory evaluation, any comments
                                                 (AMOCs): The Manager, International                                                                           received, and other information. The
                                                 Branch, ANM–116, Transport Airplane                     RIN 2120–AA64                                         street address for the Docket Operations
                                                 Directorate, FAA, has the authority to                                                                        office (telephone 800–647–5527) is in
                                                 approve AMOCs for this AD, if requested                 Airworthiness Directives; Bombardier,
                                                 using the procedures found in 14 CFR 39.19.                                                                   the ADDRESSES section. Comments will
                                                                                                         Inc., Airplanes
                                                 In accordance with 14 CFR 39.19, send your                                                                    be available in the AD docket shortly
                                                 request to your principal inspector or local            AGENCY: Federal Aviation                              after receipt.
                                                 Flight Standards District Office, as                    Administration (FAA), DOT.                            FOR FURTHER INFORMATION CONTACT:
                                                 appropriate. If sending information directly            ACTION: Notice of proposed rulemaking                 Cesar A. Gomez, Aerospace Engineer,
                                                 to the International Branch, send it to the
                                                 attention of the person identified in
                                                                                                         (NPRM).                                               Airframe and Mechanical Systems
                                                 paragraph (l)(2) of this AD. Information may                                                                  Branch, ANE–171, FAA, New York
                                                                                                         SUMMARY:   We propose to adopt a new                  Aircraft Certification Office (ACO), 1600
                                                 be emailed to: 9-ANM-116-AMOC-
                                                 REQUESTS@faa.gov. Before using any                      airworthiness directive (AD) for certain              Stewart Avenue, Suite 410, Westbury,
                                                 approved AMOC, notify your appropriate                  Bombardier, Inc., Model CL–600–2B16                   NY 11590; telephone 516–228–7318; fax
                                                 principal inspector, or lacking a principal             (CL–601–3A, CL–601–3R, and CL–604                     516–794–5531.
                                                 inspector, the manager of the local flight              Variants) airplanes. This proposed AD
                                                 standards district office/certificate holding           was prompted by a report indicating                   SUPPLEMENTARY INFORMATION:
                                                 district office.                                        that the lanyard length of the passenger              Comments Invited
                                                    (2) Contacting the Manufacturer: As of the           drop down oxygen masks is too long.
                                                 effective date of this AD, for any requirement                                                                  We invite you to send any written
                                                 in this AD to obtain corrective actions from
                                                                                                         This proposed AD would require
                                                                                                         replacing the existing oxygen mask                    relevant data, views, or arguments about
                                                 a manufacturer, the action must be                                                                            this proposed AD. Send your comments
                                                 accomplished using a method approved by                 lanyards with lanyards of the correct
                                                 the Manager, International Branch, ANM–                 length. We are proposing this AD to                   to an address listed under the
                                                 116, Transport Airplane Directorate, FAA; or            address the unsafe condition on these                 ADDRESSES section. Include ‘‘Docket No.
                                                 the Agência Nacional de Aviação Civil                products.                                             FAA–2017–0477; Directorate Identifier
                                                 (ANAC); or ANAC’s authorized Designee. If                                                                     2016–NM–112–AD’’ at the beginning of
                                                 approved by the ANAC Designee, the                      DATES:  We must receive comments on                   your comments. We specifically invite
                                                 approval must include the Designee’s                    this proposed AD by July 6, 2017.                     comments on the overall regulatory,
                                                 authorized signature.                                   ADDRESSES: You may send comments,                     economic, environmental, and energy
                                                 (l) Related Information                                 using the procedures found in 14 CFR                  aspects of this proposed AD. We will
                                                    (1) Refer to Mandatory Continuing                    11.43 and 11.45, by any of the following              consider all comments received by the
                                                 Airworthiness Information (MCAI) Brazilian              methods:                                              closing date and may amend this
                                                 Airworthiness Directive 2016–04–01,                        • Federal eRulemaking Portal: Go to                proposed AD based on those comments.
                                                 effective April 4, 2016, for related                    http://www.regulations.gov. Follow the                  We will post all comments we
                                                 information. This MCAI may be found in the              instructions for submitting comments.                 receive, without change, to http://
                                                 AD docket on the Internet at http://                       • Fax: 202–493–2251.                               www.regulations.gov, including any
                                                 www.regulations.gov by searching for and                   • Mail: U.S. Department of                         personal information you provide. We
                                                 locating Docket No. FAA–2014–0008.                      Transportation, Docket Operations, M–
                                                    (2) For more information about this AD,                                                                    will also post a report summarizing each
                                                 contact Ana Martinez Hueto, Aerospace                   30, West Building Ground Floor, Room                  substantive verbal contact we receive
                                                 Engineer, International Branch, ANM–116,                W12–140, 1200 New Jersey Avenue SE.,                  about this proposed AD.
                                                 Transport Airplane Directorate, FAA, 1601               Washington, DC 20590.
                                                 Lind Avenue SW., Renton, WA 98057–3356;                    • Hand Delivery: Deliver to Mail                   Discussion
                                                 telephone 425–227–1622; fax 425–227–1320.               address above between 9 a.m. and 5                      Transport Canada Civil Aviation
                                                    (3) For service information identified in            p.m., Monday through Friday, except
                                                 this AD, contact Embraer S.A., Technical                                                                      (TCCA), which is the aviation authority
                                                                                                         Federal holidays.                                     for Canada, has issued Canadian
                                                 Publications Section (PC 060), Av. Brigadeiro              For service information identified in
                                                 Faria Lima, 2170—Putim—12227–901 São                                                                         Airworthiness Directive CF–2016–15,
                                                 Jose dos Campos—SP—BRASIL; telephone
                                                                                                         this NPRM, contact Bombardier, Inc.,                  dated June 1, 2016 (referred to after this
                                                 +55 12 3927–5852 or +55 12 3309–0732; fax               400 Côte-Vertu Road West, Dorval,                    as the Mandatory Continuing
                                                 +55 12 3927–7546; email distrib@                        Québec H4S 1Y9, Canada; telephone                    Airworthiness Information, or ’’the
                                                 embraer.com.br; Internet http://                        514–855–5000; fax 514–855–7401; email                 MCAI’’), to correct an unsafe condition
                                                 www.flyembraer.com. You may view this                   thd.crj@aero.bombardier.com; Internet                 for certain Bombardier, Inc., Model CL–
                                                 service information at the FAA, Transport               http://www.bombardier.com. You may
                                                 Airplane Directorate, 1601 Lind Avenue SW.,                                                                   600–2B16 (CL–601–3A, CL–601–3R, and
                                                                                                         view this referenced service information              CL–604 Variants) airplanes. The MCAI
                                                 Renton, WA. For information on the                      at the FAA, Transport Airplane
                                                 availability of this material at the FAA, call                                                                states:
                                                 425–227–1221.
                                                                                                         Directorate, 1601 Lind Avenue SW.,
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                                                                                                         Renton, WA. For information on the                      Bombardier (BA) has determined that the
                                                   Issued in Renton, Washington, on May 8,                                                                     lanyard length of the passenger drop down
                                                                                                         availability of this material at the FAA,
                                                 2017.                                                                                                         oxygen masks is too long and may cause the
                                                                                                         call 425–227–1221.                                    safety pin tethered to the opposite end of the
                                                 Michael Kaszycki,
                                                                                                         Examining the AD Docket                               lanyard to remain engaged in the oxygen flow
                                                 Acting Manager, Transport Airplane                                                                            mechanism when the mask is pulled to the
                                                 Directorate, Aircraft Certification Service.              You may examine the AD docket on                    passenger’s face. In an emergency situation
                                                 [FR Doc. 2017–10136 Filed 5–19–17; 8:45 am]             the Internet at http://                               where oxygen is required, it is possible that
                                                 BILLING CODE 4910–13–P                                  www.regulations.gov by searching for                  certain passengers may not receive oxygen



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Document Created: 2018-11-08 08:50:19
Document Modified: 2018-11-08 08:50:19
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
ActionSupplemental notice of proposed rulemaking (SNPRM); reopening of comment period.
DatesThe comment period for the NPRM published in the Federal Register on February 3, 2014 (79 FR 6106), is reopened.
ContactAna Martinez Hueto, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622; fax 425-227-1320.
FR Citation82 FR 23153 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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