82 FR 32658 - Airworthiness Directives; Embraer S.A. Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 135 (July 17, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 135 (July 17, 2017)
| Page Range | 32658-32661 | |
| FR Document | 2017-14795 |
[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)] [Proposed Rules] [Pages 32658-32661] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14795] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0697; Directorate Identifier 2017-NM-041-AD] RIN 2120-AA64 Airworthiness Directives; Embraer S.A. Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: We propose to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD requires repetitive detailed inspections of the web aft face of the forward pressure bulkhead for any cracking and discrepancy; and modification of the forward pressure bulkhead, which would terminate the repetitive inspections. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the forward bulkhead is subject to widespread fatigue damage (WFD). We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by August 31, 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 Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brazil; 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- 0697; 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: 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 425-227-1149. 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-2017-0697; Directorate Identifier 2017-NM-041-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 Fatigue damage can occur locally, in small areas or structural design details, or globally, in widespread areas. Multiple-site damage is widespread damage that occurs in a large structural element such as a single rivet line of a lap splice joining two large skin panels. Widespread damage can also occur in multiple elements such as adjacent frames or stringers. Multiple-site damage and multiple-element damage cracks are typically too small initially to be reliably detected with normal inspection methods. Without intervention, these cracks will grow, and eventually compromise the structural integrity of the airplane. This condition is known as widespread fatigue damage. It is associated with general degradation of large areas of structure with similar structural details and stress levels. As an airplane ages, WFD will likely occur, and will certainly occur if the airplane is operated long enough without any intervention. The FAA's WFD final rule (75 FR 69746, November 15, 2010) became effective on January 14, 2011. The WFD [[Page 32659]] rule requires certain actions to prevent structural failure due to WFD throughout the operational life of certain existing transport category airplanes and all of these airplanes that will be certificated in the future. For existing and future airplanes subject to the WFD rule, the rule requires that DAHs establish a limit of validity (LOV) of the engineering data that support the structural maintenance program. Operators affected by the WFD rule may not fly an airplane beyond its LOV, unless an extended LOV is approved. The WFD rule (75 FR 69746, November 15, 2010) does not require identifying and developing maintenance actions if the DAHs can show that such actions are not necessary to prevent WFD before the airplane reaches the LOV. Many LOVs, however, do depend on accomplishment of future maintenance actions. As stated in the WFD rule, any maintenance actions necessary to reach the LOV will be mandated by airworthiness directives through separate rulemaking actions. In the context of WFD, this action is necessary to enable DAHs to propose LOVs that allow operators the longest operational lives for their airplanes, and still ensure that WFD will not occur. This approach allows for an implementation strategy that provides flexibility to DAHs in determining the timing of service information development (with FAA approval), while providing operators with certainty regarding the LOV applicable to their airplanes. The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2017-03-01, dated March 24, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Embraer S.A. Model ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 IGW, - 200 STD, -200 LR, and -200 IGW airplanes. The MCAI states: This [Brazilian] AD was prompted by an evaluation by the design approval holder indicating that the forward pressure bulkhead is subject to widespread fatigue damage. The modification required by this AD is intended to support the airplane reaching its limit of validity (LOV) of the engineering data that support the established structural maintenance program. We are issuing this [Brazilian] AD to prevent fatigue cracking of the forward pressure bulkhead, which could result in reduced structural integrity of the airplane. Required actions include repetitive detailed inspections of the web aft face of the forward pressure bulkhead for any cracking and discrepancy (i.e., corrosion, dents, gauge marks, fastener anomalies); repair if necessary; and modification of the forward pressure bulkhead, which would terminate the repetitive inspections. 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-2017-0697. Related Service Information Under 1 CFR Part 51 We reviewed the following Embraer S.A. service information, which describes an airworthiness limitation task for a detailed inspection of the web aft face of the forward pressure bulkhead for any cracking or discrepancies. These documents are distinct since they apply to different airplane models. Task 53-10-001-0005 of Embraer 170/175 Maintenance Review Board Report, MRB-1621, Temporary Revision 12-3, dated September 19, 2016. Task 53-10-001-0005 of Embraer 190/195 Maintenance Review Board Report, MRB-1928, Temporary Revision 10-4, dated September 19, 2016. We also reviewed the following Embraer S.A. service information, which describes procedures for modifying the forward pressure bulkhead. These documents are distinct since they apply to different airplane models. Embraer Service Bulletin 170-53-0051, Revision 03, dated August 21, 2013. Embraer Service Bulletin 190-53-0019, Revision 03, dated August 21, 2013. 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 482 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost on U.S. Action Labor cost Parts cost Cost per product operators ---------------------------------------------------------------------------------------------------------------- Inspection.................... 1 work-hour x $85 per $0................... $85 per $40,970 per hour = $85 per inspection inspection inspection cycle. cycle. cycle. Modification.................. 158 work-hours x $85 Up to $13,409........ $26,839......... $12,936,398. per hour = $13,430. ---------------------------------------------------------------------------------------------------------------- We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this proposed AD. 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 [[Page 32660]] 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): Embraer S.A.: Docket No. FAA-2017-0697; Directorate Identifier 2017- NM-041-AD. (a) Comments Due Date We must receive comments by August 31, 2017. (b) Affected ADs None. (c) Applicability This AD applies to the airplanes specified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category. (1) Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE, and - 100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes; as identified in Embraer Service Bulletin 170-53-0051, Revision 03, dated August 21, 2013. (2) 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; as identified in Embraer Service Bulletin 190-53-0019, Revision 03, dated August 21, 2013. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by an evaluation by the design approval holder indicating that the forward bulkhead is subject to widespread fatigue damage. We are issuing this AD to prevent fatigue cracking of the forward pressure bulkhead, which could result in reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Repetitive Inspections and Repairs Before the accumulation of 25,954 total flight cycles, or within 3,600 flight cycles after the effective date of this AD, whichever occurs later: Do a detailed inspection of the web aft face of the forward pressure bulkhead for any cracking or discrepancy (i.e., corrosion, dents, gauge marks, fastener anomalies), in accordance with Task 53-10-001-0005 of Embraer 170/175 Maintenance Review Board Report, MRB-1621, Temporary Revision 12-3, dated September 19, 2016; or Task 53-10-001-0005 of Embraer 190/195 Maintenance Review Board Report, MRB-1928, Temporary Revision 10-4, dated September 19, 2016; as applicable. Repeat the inspection thereafter at intervals not to exceed 6,489 flight cycles. If any cracking or discrepancy is found during any inspection required by this paragraph, before further flight, repair the forward pressure bulkhead 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. (h) Modification of the Forward Pressure Bulkhead Before the accumulation of 38,931 total flight cycles: Modify the forward pressure bulkhead, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 170-53-0051, Revision 03, dated August 21, 2013; or Embraer Service Bulletin 190-53-0019, Revision 03, dated August 21, 2013; as applicable. Accomplishing the modification required by this paragraph terminates the requirements of paragraph (g) of this AD. (i) Credit for Previous Actions (1) This paragraph provides credit for the actions applicable to Model ERJ 170 airplanes required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD, using the service information specified in paragraphs (i)(1)(i), (i)(1)(ii), or (i)(1)(iii) of this AD. (i) Embraer Service Bulletin 170-53-0051, dated February 26, 2010. (ii) Embraer Service Bulletin 170-53-0051, Revision 01, dated May 25, 2011. (iii) Embraer Service Bulletin 170-53-0051, Revision 02, May 28, 2012. (2) This paragraph provides credit for actions applicable to Model ERJ 190 airplanes required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD, using the service information specified in paragraphs (i)(2)(i), (i)(2)(ii), or (i)(2)(iii) of this AD. (i) Embraer Service Bulletin 190-53-0019, dated February 26, 2010. (ii) Embraer Service Bulletin 190-53-0019, Revision 01, dated May 25, 2011. (iii) Embraer Service Bulletin 190-53-0019, Revision 02, dated May 28, 2012. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, 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 manager of the International Branch, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian AD 2017-03-01, dated March 24, 2017, 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-2017-0697. (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 425-227-1149. (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 [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. [[Page 32661]] Issued in Renton, Washington, on July 6, 2017. Dionne Palermo, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-14795 Filed 7-14-17; 8:45 am] BILLING CODE 4910-13-P
![32658 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules
to the International Branch, send it to the Notice of proposed rulemaking
ACTION: received, and other information. The
attention of the person identified in (NPRM). street address for the Docket Operations
paragraph (i)(2) of this AD. Information may office (telephone 800–647–5527) is in
be emailed to: 9-ANM-116-AMOC- SUMMARY: We propose to adopt a new the ADDRESSES section. Comments will
REQUESTS@faa.gov. Before using any airworthiness directive (AD) for certain
approved AMOC, notify your appropriate
be available in the AD docket shortly
Embraer S.A. Model ERJ 170 airplanes after receipt.
principal inspector, or lacking a principal and Model ERJ 190–100 STD, –100 LR,
inspector, the manager of the local flight FOR FURTHER INFORMATION CONTACT: Ana
–100 IGW, –200 STD, –200 LR, and
standards district office/certificate holding Martinez Hueto, Aerospace Engineer,
district office.
–200 IGW airplanes. This AD requires
repetitive detailed inspections of the International Branch, ANM–116,
(2) Contacting the Manufacturer: For any Transport Airplane Directorate, FAA,
requirement in this AD to obtain corrective web aft face of the forward pressure
bulkhead for any cracking and 1601 Lind Avenue SW., Renton, WA
actions from a manufacturer, the action must
be accomplished using a method approved discrepancy; and modification of the 98057–3356; telephone 425–227–1622;
by the Manager, International Branch, ANM– forward pressure bulkhead, which fax 425–227–1149.
116, Transport Airplane Directorate, FAA; or would terminate the repetitive SUPPLEMENTARY INFORMATION:
the Civil Aviation Authority of Israel (CAAI); inspections. This AD was prompted by
or the CAAI’s authorized Designee. If Comments Invited
an evaluation by the design approval
approved by the CAAI Designee, the approval We invite you to send any written
must include the Designee’s authorized
holder (DAH) indicating that the
forward bulkhead is subject to relevant data, views, or arguments about
signature.
widespread fatigue damage (WFD). We this proposal. Send your comments to
(i) Related Information are proposing this AD to address the an address listed under the ADDRESSES
(1) Refer to Mandatory Continuing unsafe condition on these products. section. Include ‘‘Docket No. FAA–
Airworthiness Information (MCAI) CAAI DATES: We must receive comments on
2017–0697; Directorate Identifier 2017–
Airworthiness Directive ISR–I–52–2017–03– this proposed AD by August 31, 2017. NM–041–AD’’ at the beginning of your
28, dated January 3, 2017, for related comments. We specifically invite
information. This MCAI may be found in the ADDRESSES: You may send comments,
comments on the overall regulatory,
AD docket on the Internet at http:// using the procedures found in 14 CFR
economic, environmental, and energy
www.regulations.gov by searching for and 11.43 and 11.45, by any of the following
aspects of this proposed AD. We will
locating Docket No. FAA–2017–0692. methods:
(2) For more information about this AD, • Federal eRulemaking Portal: Go to consider all comments received by the
contact Tom Rodriguez, Aerospace Engineer, http://www.regulations.gov. Follow the closing date and may amend this
International Branch, ANM–116, Transport instructions for submitting comments. proposed AD based on those comments.
Airplane Directorate, FAA, 1601 Lind • Fax: 202–493–2251. We will post all comments we
Avenue SW., Renton, WA 98057–3356; • Mail: U.S. Department of receive, without change, to http://
telephone 425–227–1137; fax 425–227–1149. Transportation, Docket Operations, M– www.regulations.gov, including any
(3) For service information identified in personal information you provide. We
this AD, contact Gulfstream Aerospace
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE., will also post a report summarizing each
Corporation, P.O. Box 2206, Mail Station D– substantive verbal contact we receive
25, Savannah, GA 31402–2206; telephone Washington, DC 20590.
800–810–4853; fax 912–965–3520; email • Hand Delivery: Deliver to Mail about this proposed AD.
pubs@gulfstream.com; Internet http:// address above between 9 a.m. and 5 Discussion
www.gulfstream.com/product_support/ p.m., Monday through Friday, except
technical_pubs/pubs/index.htm. You may Federal holidays. Fatigue damage can occur locally, in
view this service information at the FAA, For service information identified in small areas or structural design details,
Transport Airplane Directorate, 1601 Lind this NPRM, contact Embraer S.A., or globally, in widespread areas.
Avenue SW., Renton, WA. For information Technical Publications Section (PC Multiple-site damage is widespread
on the availability of this material at the 060), Av. Brigadeiro Faria Lima, 2170— damage that occurs in a large structural
FAA, call 425–227–1221. element such as a single rivet line of a
Putim—12227–901 São Jose dos
Issued in Renton, Washington, on June 29, Campos—SP—Brazil; telephone +55 12 lap splice joining two large skin panels.
2017. 3927–5852 or +55 12 3309–0732; fax Widespread damage can also occur in
Michael Kaszycki, +55 12 3927–7546; email distrib@ multiple elements such as adjacent
Acting Manager, Transport Airplane embraer.com.br; Internet http:// frames or stringers. Multiple-site
Directorate, Aircraft Certification Service. www.flyembraer.com. You may view damage and multiple-element damage
[FR Doc. 2017–14595 Filed 7–14–17; 8:45 am] this referenced service information at cracks are typically too small initially to
BILLING CODE 4910–13–P the FAA, Transport Airplane be reliably detected with normal
Directorate, 1601 Lind Avenue SW., inspection methods. Without
Renton, WA. For information on the intervention, these cracks will grow,
DEPARTMENT OF TRANSPORTATION availability of this material at the FAA, and eventually compromise the
call 425–227–1221. structural integrity of the airplane. This
Federal Aviation Administration condition is known as widespread
Examining the AD Docket fatigue damage. It is associated with
14 CFR Part 39 You may examine the AD docket on general degradation of large areas of
the Internet at http:// structure with similar structural details
jstallworth on DSK7TPTVN1PROD with PROPOSALS
[Docket No. FAA–2017–0697; Directorate
Identifier 2017–NM–041–AD] www.regulations.gov by searching for and stress levels. As an airplane ages,
and locating Docket No. FAA–2017– WFD will likely occur, and will
RIN 2120–AA64 0697; or in person at the Docket certainly occur if the airplane is
Airworthiness Directives; Embraer S.A. Management Facility between 9 a.m. operated long enough without any
Airplanes and 5 p.m., Monday through Friday, intervention.
except Federal holidays. The AD docket The FAA’s WFD final rule (75 FR
AGENCY:Federal Aviation contains this proposed AD, the 69746, November 15, 2010) became
Administration (FAA), DOT. regulatory evaluation, any comments effective on January 14, 2011. The WFD
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![Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules 32659
rule requires certain actions to prevent MCAI’’), to correct an unsafe condition Report, MRB–1621, Temporary Revision
structural failure due to WFD for certain Embraer S.A. Model ERJ 170 12–3, dated September 19, 2016.
throughout the operational life of airplanes and Model ERJ 190–100 STD, • Task 53–10–001–0005 of Embraer
certain existing transport category –100 LR, –100 IGW, –200 STD, –200 LR, 190/195 Maintenance Review Board
airplanes and all of these airplanes that and –200 IGW airplanes. The MCAI Report, MRB–1928, Temporary Revision
will be certificated in the future. For states: 10–4, dated September 19, 2016.
existing and future airplanes subject to This [Brazilian] AD was prompted by an We also reviewed the following
the WFD rule, the rule requires that evaluation by the design approval holder Embraer S.A. service information,
DAHs establish a limit of validity (LOV) indicating that the forward pressure which describes procedures for
of the engineering data that support the bulkhead is subject to widespread fatigue modifying the forward pressure
structural maintenance program. damage. The modification required by this bulkhead. These documents are distinct
Operators affected by the WFD rule may AD is intended to support the airplane since they apply to different airplane
not fly an airplane beyond its LOV, reaching its limit of validity (LOV) of the models.
engineering data that support the established
unless an extended LOV is approved. • Embraer Service Bulletin 170–53–
structural maintenance program. We are
The WFD rule (75 FR 69746, 0051, Revision 03, dated August 21,
issuing this [Brazilian] AD to prevent fatigue
November 15, 2010) does not require cracking of the forward pressure bulkhead, 2013.
identifying and developing maintenance which could result in reduced structural • Embraer Service Bulletin 190–53–
actions if the DAHs can show that such integrity of the airplane. 0019, Revision 03, dated August 21,
actions are not necessary to prevent 2013.
WFD before the airplane reaches the Required actions include repetitive This service information is reasonably
LOV. Many LOVs, however, do depend detailed inspections of the web aft face available because the interested parties
on accomplishment of future of the forward pressure bulkhead for have access to it through their normal
maintenance actions. As stated in the any cracking and discrepancy (i.e., course of business or by the means
WFD rule, any maintenance actions corrosion, dents, gauge marks, fastener identified in the ADDRESSES section.
necessary to reach the LOV will be anomalies); repair if necessary; and
mandated by airworthiness directives modification of the forward pressure FAA’s Determination and Requirements
through separate rulemaking actions. bulkhead, which would terminate the of This Proposed AD
In the context of WFD, this action is repetitive inspections. You may This product has been approved by
necessary to enable DAHs to propose examine the MCAI in the AD docket on the aviation authority of another
LOVs that allow operators the longest the Internet at http:// country, and is approved for operation
operational lives for their airplanes, and www.regulations.gov by searching for in the United States. Pursuant to our
still ensure that WFD will not occur. and locating Docket No. FAA–2017– bilateral agreement with the State of
This approach allows for an 0697. Design Authority, we have been notified
implementation strategy that provides Related Service Information Under 1 of the unsafe condition described in the
flexibility to DAHs in determining the CFR Part 51 MCAI and service information
timing of service information referenced above. We are proposing this
development (with FAA approval), We reviewed the following Embraer AD because we evaluated all pertinent
while providing operators with certainty S.A. service information, which information and determined an unsafe
regarding the LOV applicable to their describes an airworthiness limitation condition exists and is likely to exist or
airplanes. task for a detailed inspection of the web develop on other products of these same
The Agência Nacional de Aviação aft face of the forward pressure type designs.
Civil (ANAC), which is the aviation bulkhead for any cracking or
authority for Brazil, has issued Brazilian discrepancies. These documents are Costs of Compliance
Airworthiness Directive 2017–03–01, distinct since they apply to different We estimate that this proposed AD
dated March 24, 2017 (referred to after airplane models. affects 482 airplanes of U.S. registry.
this as the Mandatory Continuing • Task 53–10–001–0005 of Embraer We estimate the following costs to
Airworthiness Information, or ‘‘the 170/175 Maintenance Review Board comply with this proposed AD:
ESTIMATED COSTS
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
Inspection ............................ 1 work-hour × $85 per hour = $85 per in- $0 ..................... $85 per inspection $40,970 per inspec-
spection cycle. cycle. tion cycle.
Modification ......................... 158 work-hours × $85 per hour = $13,430 .... Up to $13,409 ... $26,839 ...................... $12,936,398.
We have received no definitive data Aviation Programs,’’ describes in more the Administrator finds necessary for
that would enable us to provide cost detail the scope of the Agency’s safety in air commerce. This regulation
estimates for the on-condition actions authority. is within the scope of that authority
jstallworth on DSK7TPTVN1PROD with PROPOSALS
specified in this proposed AD. We are issuing this rulemaking under because it addresses an unsafe condition
the authority described in ‘‘Subtitle VII, that is likely to exist or develop on
Authority for This Rulemaking
Part A, Subpart III, Section 44701: products identified in this rulemaking
Title 49 of the United States Code General requirements.’’ Under that action.
specifies the FAA’s authority to issue section, Congress charges the FAA with
Regulatory Findings
rules on aviation safety. Subtitle I, promoting safe flight of civil aircraft in
section 106, describes the authority of air commerce by prescribing regulations We determined that this proposed AD
the FAA Administrator. ‘‘Subtitle VII: for practices, methods, and procedures would not have federalism implications
VerDate Sep<11>2014 14:53 Jul 14, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\17JYP1.SGM 17JYP1](https://thefederalregister.org/doc/82_FR_32793/page/2.svg)
![32660 Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules
under Executive Order 13132. This (d) Subject airplanes required by paragraph (h) of this
proposed AD would not have a Air Transport Association (ATA) of AD, if those actions were performed before
substantial direct effect on the States, on America Code 53, Fuselage. the effective date of this AD, using the
the relationship between the national service information specified in paragraphs
(e) Reason (i)(2)(i), (i)(2)(ii), or (i)(2)(iii) of this AD.
Government and the States, or on the
distribution of power and This AD was prompted by an evaluation by (i) Embraer Service Bulletin 190–53–0019,
the design approval holder indicating that dated February 26, 2010.
responsibilities among the various the forward bulkhead is subject to (ii) Embraer Service Bulletin 190–53–0019,
levels of government. widespread fatigue damage. We are issuing Revision 01, dated May 25, 2011.
For the reasons discussed above, I this AD to prevent fatigue cracking of the (iii) Embraer Service Bulletin 190–53–
certify this proposed regulation: forward pressure bulkhead, which could 0019, Revision 02, dated May 28, 2012.
1. Is not a ‘‘significant regulatory result in reduced structural integrity of the
action’’ under Executive Order 12866; airplane. (j) Other FAA AD Provisions
2. Is not a ‘‘significant rule’’ under the (f) Compliance The following provisions also apply to this
DOT Regulatory Policies and Procedures AD:
Comply with this AD within the (1) Alternative Methods of Compliance
(44 FR 11034, February 26, 1979); compliance times specified, unless already
3. Will not affect intrastate aviation in (AMOCs): The Manager, International
done.
Alaska; and Branch, ANM–116, FAA, has the authority to
(g) Repetitive Inspections and Repairs approve AMOCs for this AD, if requested
4. Will not have a significant
Before the accumulation of 25,954 total using the procedures found in 14 CFR 39.19.
economic impact, positive or negative, In accordance with 14 CFR 39.19, send your
on a substantial number of small entities flight cycles, or within 3,600 flight cycles
after the effective date of this AD, whichever request to your principal inspector or local
under the criteria of the Regulatory Flight Standards District Office, as
occurs later: Do a detailed inspection of the
Flexibility Act. web aft face of the forward pressure bulkhead appropriate. If sending information directly
List of Subjects in 14 CFR Part 39 for any cracking or discrepancy (i.e., to the manager of the International Branch,
corrosion, dents, gauge marks, fastener send it to the attention of the person
Air transportation, Aircraft, Aviation anomalies), in accordance with Task 53–10– identified in paragraph (k)(2) of this AD.
safety, Incorporation by reference, 001–0005 of Embraer 170/175 Maintenance Information may be emailed to: 9-ANM-116-
Safety. Review Board Report, MRB–1621, Temporary AMOC-REQUESTS@faa.gov. Before using
Revision 12–3, dated September 19, 2016; or any approved AMOC, notify your appropriate
The Proposed Amendment Task 53–10–001–0005 of Embraer 190/195 principal inspector, or lacking a principal
Accordingly, under the authority Maintenance Review Board Report, MRB– inspector, the manager of the local flight
delegated to me by the Administrator, 1928, Temporary Revision 10–4, dated standards district office/certificate holding
September 19, 2016; as applicable. Repeat the district office.
the FAA proposes to amend 14 CFR part inspection thereafter at intervals not to
39 as follows: (2) Contacting the Manufacturer: For any
exceed 6,489 flight cycles. If any cracking or requirement in this AD to obtain corrective
discrepancy is found during any inspection actions from a manufacturer, the action must
PART 39—AIRWORTHINESS required by this paragraph, before further
DIRECTIVES be accomplished using a method approved
flight, repair the forward pressure bulkhead
by the Manager, International Branch, ANM–
using a method approved by the Manager,
■ 1. The authority citation for part 39 International Branch, ANM–116, Transport 116, Transport Airplane Directorate, FAA; or
continues to read as follows: Airplane Directorate, FAA; or the Agência the Agência Nacional de Aviação Civil
Nacional de Aviação Civil (ANAC); or (ANAC); or ANAC’s authorized Designee. If
Authority: 49 U.S.C. 106(g), 40113, 44701. approved by the ANAC Designee, the
ANAC’s authorized Designee.
§ 39.13 [Amended] approval must include the Designee’s
(h) Modification of the Forward Pressure authorized signature.
■ 2. The FAA amends § 39.13 by adding Bulkhead
the following new airworthiness (k) Related Information
Before the accumulation of 38,931 total
directive (AD): flight cycles: Modify the forward pressure (1) Refer to Mandatory Continuing
Embraer S.A.: Docket No. FAA–2017–0697; bulkhead, in accordance with the Airworthiness Information (MCAI) Brazilian
Directorate Identifier 2017–NM–041–AD. Accomplishment Instructions of Embraer AD 2017–03–01, dated March 24, 2017, for
Service Bulletin 170–53–0051, Revision 03, related information. This MCAI may be
(a) Comments Due Date dated August 21, 2013; or Embraer Service found in the AD docket on the Internet at
We must receive comments by August 31, Bulletin 190–53–0019, Revision 03, dated http://www.regulations.gov by searching for
2017. August 21, 2013; as applicable. and locating Docket No. FAA–2017–0697.
Accomplishing the modification required by (2) For more information about this AD,
(b) Affected ADs this paragraph terminates the requirements of contact Ana Martinez Hueto, Aerospace
None. paragraph (g) of this AD. Engineer, International Branch, ANM–116,
(c) Applicability (i) Credit for Previous Actions Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, WA 98057–3356;
This AD applies to the airplanes specified (1) This paragraph provides credit for the
telephone 425–227–1622; fax 425–227–1149.
in paragraphs (c)(1) and (c)(2) of this AD, actions applicable to Model ERJ 170
certificated in any category. airplanes required by paragraph (h) of this (3) For service information identified in
(1) Embraer S.A. Model ERJ 170–100 LR, AD, if those actions were performed before this AD, contact Embraer S.A., Technical
–100 STD, –100 SE, and –100 SU airplanes; the effective date of this AD, using the Publications Section (PC 060), Av. Brigadeiro
and Model ERJ 170–200 LR, –200 SU, and service information specified in paragraphs Faria Lima, 2170—Putim—12227–901 São
jstallworth on DSK7TPTVN1PROD with PROPOSALS
–200 STD airplanes; as identified in Embraer (i)(1)(i), (i)(1)(ii), or (i)(1)(iii) of this AD. Jose dos Campos—SP—Brasil; telephone +55
Service Bulletin 170–53–0051, Revision 03, (i) Embraer Service Bulletin 170–53–0051, 12 3927–5852 or +55 12 3309–0732; fax +55
dated August 21, 2013. dated February 26, 2010. 12 3927–7546; email distrib@embraer.com.br;
(2) Embraer S.A. Model ERJ 190–100 STD, (ii) Embraer Service Bulletin 170–53–0051, Internet http://www.flyembraer.com. You
–100 LR, and –100 IGW airplanes; and Model Revision 01, dated May 25, 2011. may view this service information at the
ERJ 190–200 STD, –200 LR, and –200 IGW (iii) Embraer Service Bulletin 170–53– FAA, Transport Airplane Directorate, 1601
airplanes; as identified in Embraer Service 0051, Revision 02, May 28, 2012. Lind Avenue SW., Renton, WA. For
Bulletin 190–53–0019, Revision 03, dated (2) This paragraph provides credit for information on the availability of this
August 21, 2013. actions applicable to Model ERJ 190 material at the FAA, call 425–227–1221.
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![Federal Register / Vol. 82, No. 135 / Monday, July 17, 2017 / Proposed Rules 32661
Issued in Renton, Washington, on July 6, www.regulations.gov. Submitted announcing the April 2016
2017. comments may also be inspected during determination that no adjustment to the
Dionne Palermo, regular business days between the hours customs COBRA user fees and
Acting Manager, Transport Airplane of 9 a.m. and 4:30 p.m. at the Trade and limitations was necessary based on the
Directorate, Aircraft Certification Service. Commercial Regulations Branch, FAST Act provision as the increase of
[FR Doc. 2017–14795 Filed 7–14–17; 8:45 am] Regulations and Rulings, Office of the CPI was less than one (1) percent.
BILLING CODE 4910–13–P Trade, U.S. Customs and Border (Customs Bulletin, Vol. 50, No. 24, p.
Protection, 90 K Street NE., 10th Floor, 13). CBP published a second notice in
Washington, DC Arrangements to the Customs Bulletin on December 7,
DEPARTMENT OF HOMELAND inspect submitted comments should be 2016, announcing that based on a less
SECURITY made in advance by calling Mr. Joseph than one (1) percent increase in
Clark at (202) 325–0118. inflation no adjustment was necessary
U.S. Customs and Border Protection FOR FURTHER INFORMATION CONTACT: for fiscal year 2017. (Customs Bulletin
Jeffrey Caine, Executive Director— Vol. 50, No. 49, p. 4).
DEPARTMENT OF THE TREASURY Budget, 202–325–4054, jeffrey.caine@ The FAST Act specifies that the
cbp.dhs.gov; or Bruce Ingalls, Director— customs COBRA user fees and
19 CFR Parts 24 and 111 Revenue Division, 317–298–1107, corresponding limitations should be
bruce.ingalls@cbp.dhs.gov. adjusted to reflect the percentage of the
[USCBP–2017–0025]
SUPPLEMENTARY INFORMATION:
increase (if any) in the average of the
RIN 1515–AE25 CPI for the preceding 12-month period
Background compared to the CPI for fiscal year 2014.
Procedures To Adjust Customs CBP has determined that the 12-month
COBRA User Fees To Reflect Inflation On December 4, 2015, the Fixing
America’s Surface Transportation Act period for comparison will be June
AGENCY: U.S. Customs and Border (FAST Act, Pub. L. 114–94) was signed through May. This timeframe will allow
Protection, Department of Homeland into law. Section 32201 of the FAST Act for sufficient notice to the public of any
Security; Department of the Treasury. amends section 13031 of the adjustments prior to any changes
Consolidated Omnibus Budget becoming effective for each fiscal year.
ACTION: Notice of proposed rulemaking.
Reconciliation Act (COBRA) of 1985 (19 The statute further requires the
SUMMARY: This document proposes to U.S.C. 58c) by requiring certain customs Secretary to round the amount of any
amend the U.S. Customs and Border COBRA user fees and corresponding increase in the CPI to the nearest dollar.
Protection (CBP) regulations to reflect limitations to be adjusted by the The rounding requirement applies to the
that customs user fees and limitations Secretary of the Treasury (‘‘Secretary’’) difference in the CPI from the
established by the Consolidated to reflect certain increases in inflation. comparison year to the current year
Omnibus Budget Reconciliation Act The specific fees and corresponding when determining whether an
(COBRA) will be adjusted for inflation limitations to be adjusted for inflation adjustment is necessary. The rounding
in accordance with the Fixing America’s are set forth in Tables 1 and 2 below and requirement does not apply to the fee
Surface Transportation Act (FAST Act). include the commercial vessel arrival amount resulting from any adjustment.
DATES: Comments must be received on fees, commercial truck arrival fees, As noted above, if the difference in the
or before August 16, 2017. railroad car arrival fees, private vessel CPI since the last adjustment is less than
ADDRESSES: You may submit comments, arrival fees, private aircraft arrival fees, one (1) percent, the Secretary may elect
identified by docket number, by one of commercial aircraft passenger arrival not to adjust the fees and limitations.
the following methods: fees, dutiable mail fees, customs broker CBP proposes to use the Consumer Price
• Federal eRulemaking Portal: http:// permit user fees, barges and other bulk Index—All Urban Consumers, U.S. All
www.regulations.gov. Follow the carriers arrival fees, and merchandise items, 1982–84 (CPI–U) which can be
instructions for submitting comments processing fees as well as the found on the U.S. Department of Labor,
via docket number USCBP–2017–0025. corresponding limitations. (19 U.S.C. Bureau of Labor Statistics Web site:
• Mail: Trade and Commercial 58c(a) and (b)). Further, the FAST Act www.bls.gov/cpi/. CBP’s Office of
Regulations Branch, Regulations and includes a particular measure of Finance will determine annually
Rulings, Office of Trade, U.S. Customs inflation for these purposes and special whether an adjustment to the fees and
and Border Protection, 90 K Street NE., rules when considering adjustments. limitations is necessary and a notice
10th Floor, Washington, DC 20229– According to the FAST Act, the specifying the amount of the fees and
1177. customs COBRA user fees and limitations will be published in the
Instructions: All submissions received limitations were to be adjusted on April Federal Register for each fiscal year at
must include the agency name and 1, 2016, and by the end of each fiscal least 30 days prior to the effective date
docket number for this rulemaking. All year to reflect the percent increase (if of the new fees and limitations.
comments received will be posted any) in the Consumer Price Index (CPI) Explanation of Amendments
without change to http:// for the preceding 12-month period
www.regulations.gov, including any compared to the CPI for fiscal year 2014. Part 24
personal information provided. For The statute permits the Secretary to Part 24 of Title 19 of the Code of
detailed instructions on submitting ignore any CPI increase of less than one Federal Regulations (CFR) sets forth the
jstallworth on DSK7TPTVN1PROD with PROPOSALS
comments and additional information (1) percent from the time of the previous regulations regarding customs financial
on the rulemaking process, see the adjustment. As a result, if the increase and accounting procedures. (19 CFR
‘‘Public Participation’’ heading of the in the CPI since the previous adjustment part 24). Section 24.22 describes the
SUPPLEMENTARY INFORMATION section of is less than one (1) percent, the customs COBRA user fees and
this document. Secretary has discretion to determine corresponding limitations for certain
Docket: For access to the docket to whether the fees should be adjusted. services (set forth in Table 1 below),
read background documents or On June 15, 2016, CBP published a which include the commercial vessel
comments received, go to http:// notice in the Customs Bulletin arrival fees, commercial truck arrival
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Document Created: 2017-07-15 03:45:40
Document Modified: 2017-07-15 03:45:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking (NPRM). | |
| Dates | We must receive comments on this proposed AD by August 31, 2017. | |
| 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 425-227-1149. | |
| FR Citation | 82 FR 32658 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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