82 FR 35638 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer)
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 146 (August 1, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 146 (August 1, 2017)
| Page Range | 35638-35641 | |
| FR Document | 2017-15807 |
[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)] [Rules and Regulations] [Pages 35638-35641] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15807] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0250; Directorate Identifier 2016-NM-158-AD; Amendment 39-18976; AD 2017-15-16] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, - 135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. This AD was prompted by a report of airplanes with modified gust lock levers that prevented the thrust lever's full excursion, thus limiting the engine power. This AD requires replacing a certain gust lock lever. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective September 5, 2017. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 5, 2017. ADDRESSES: For service information identified in this final rule, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim-- 12227-901 S[atilde]o Jose dos Campos--SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0250. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 0250; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. SUPPLEMENTARY INFORMATION: [[Page 35639]] Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -135KE, -135KL, -135LR, - 145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The NPRM published in the Federal Register on April 20, 2017 (82 FR 18590) (``the NPRM''). The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2016-07-01, dated July 18, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -135KE, - 135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The MCAI states: ANAC was informed about occurrences in which airplanes that incorporated SB 145-27-0115, which changes the Gust Lock lever format, managed to takeoff, or performed [rejected take-offs] RTOs, in such a configuration that the Gust Lock lever prevented the thrust levers full excursion, thus limiting the engine power to about 70% of the nominal takeoff power. Analyses and simulations conducted by the manufacturer confirmed this as a possible scenario in case some verification procedures prior to and during takeoff, for whatever reason, are not properly performed. After evaluation, the conclusion was that the incorporation of SB 145-27-0115 would take away an important tactile cue regarding the thrust levers position, which, in a timely manner, would alert the crew of an improper takeoff configuration. During takeoffs, or attempts thereof, in such condition, the airplane would have a reduced performance, which would increase the required takeoff distance or the RTO distance, and reduce the airplane capacity to clear obstacles. Since this condition may occur in other airplanes of the same type and affects flight safety, a corrective action is required. Thus, sufficient reason exists to request compliance with this [Brazilian] AD in the indicated time limit. Required actions include replacing a certain gust lock lever. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017- 0250. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the NPRM and the FAA's response to that comment. Request To Revise the Compliance Time Air Line Pilots Association, International (ALPA) requested that the compliance time in the NPRM be revised. ALPA stated that since the Embraer service information was published 19 months prior, operators have been provided ample time to perform inspections to determine whether a corrective action is required. ALPA commented that, therefore, it is in partial support of the NPRM and suggested an inspection compliance time of 12 months or 2,500 flight hours after the effective date of the AD, and a repair compliance time of 24 months or 5,000 hours after the effective date of the AD. We disagree with the commenter's request. In developing an appropriate compliance time, we considered the safety implications, parts availability, and normal maintenance schedules for timely accomplishment of inspecting and replacing the gust lock lever. Further, we arrived at the proposed compliance time with operator and manufacturer concurrence. Since the actions specified in the Brazilian AD and service information are not mandatory in the U.S., the FAA must issue a final rule to mandate those actions in order to address the identified unsafe condition. In consideration of all of these factors, we determined that the compliance time, as proposed, represents an appropriate time in which the gust lock lever can be inspected and replaced in a timely manner within the fleet, while still maintaining an adequate level of safety. We have not changed this AD in this regard. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. Related Service Information Under 1 CFR Part 51 We have reviewed Embraer Service Bulletin 145-27-0126, dated October 6, 2015. This service information describes procedures for replacement of a certain gust lock lever for one with an alternative format. We have also reviewed Embraer Service Bulletin 145-27-0115, Revision 03, dated October 5, 2015. This service information describes modification procedures involving replacement of the gust lock lever with a new gust lock lever enabling both engine thrust levers to be advanced at the same angle as that of the electromechanical gust lock lever. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 668 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Inspection......................... 1 work-hour x $85 per hour $0 $85 $56,780 = $85. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to do any necessary replacements that would be required based on the results of the inspection. We have no way of determining the number of aircraft that might need this replacement: [[Page 35640]] On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Replacement................................ 1 work-hour x $85 per hour = $85... $6,315 $6,400 ---------------------------------------------------------------------------------------------------------------- Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a ``significant regulatory action'' under Executive Order 12866; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): 2017-15-16 Empresa Brasileira de Aeronautica S.A. (Embraer): Amendment 39-18976; FAA-2017-0250; Directorate Identifier 2016-NM- 158-AD. (a) Effective Date This AD is effective September 5, 2017. (b) Affected ADs None. (c) Applicability This AD applies to all Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, - 145MR, -145LR, -145XR, -145MP, and -145EP airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code 27, Flight controls. (e) Reason This AD was prompted by a report of airplanes with modified gust lock levers that performed take-offs or rejected take-offs (RTOs), in such a configuration that the gust lock lever prevented the thrust lever's full excursion, thus limiting the engine power to about 70% of the nominal take-off power. We are issuing this AD to prevent incorrect configuration of the gust lock lever, which could reduce the airplane's performance during take-offs or attempted take-offs, increase the required take-off distance or the RTO distance, and reduce the airplane's capacity to clear obstacles. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Inspection Within 5,000 flight hours or 24 months after the effective date of this AD, whichever occurs first: Check the airplane maintenance records to determine whether the actions specified in Embraer Service Bulletin 145-27-0115 have been done. If the records review is inconclusive, inspect the engine control box assembly against the Accomplishment Instructions of Embraer Service Bulletin 145-27-0115, Revision 03, dated October 5, 2015, to determine whether the actions specified in Embraer Service Bulletin 145-27-0115 have been done. (h) Corrective Action If the check or inspection required by paragraph (g) of this AD indicates that the actions in Embraer Service Bulletin 145-27-0115 have been done: Within 5,000 flight hours or 24 months after the effective date of this AD, whichever occurs first, replace the gust lock lever, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 145-27-0126, dated October 6, 2015. (i) Acceptable Alternative Modification of the airplane to a pre-modification condition (configuration before incorporating Embraer Service Bulletin 145-27- 0115), within the compliance times specified in paragraph (h) of this AD, in accordance with a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee, is acceptable for compliance with paragraph (h) of this AD. (j) Prohibited Modification As of the effective date of this AD, do not accomplish the actions specified in Embraer Service Bulletin 145-27-0115 on any airplane. (k) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, 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: [email protected]. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or ANAC; or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature. [[Page 35641]] (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directive 2016-07-01, dated July 18, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0250. (2) For more information about this AD, contact Todd Thompson, Aerospace Engineer, International Branch, ANM-116, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425- 227-1149. (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Embraer Service Bulletin 145-27-0115, Revision 03, dated October 5, 2015. (ii) Embraer Service Bulletin 145-27-0126, dated October 6, 2015. (3) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-- Putim--12227--901 S[atilde]o Jose dos Campos--SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com. (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Issued in Renton, Washington, on July 19, 2017. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-15807 Filed 7-31-17; 8:45 am] BILLING CODE 4910-13-P
![35638 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
cockpit and could also result in an oxygen- Airframe and Mechanical Systems Branch, (Embraer) Model EMB–135ER, –135KE,
rich environment that could lead to a ANE–171, FAA, New York Aircraft –135KL, –135LR, –145, –145ER,
possible fire hazard. Certification Office (ACO), 1600 Stewart –145MR, –145LR, –145XR, –145MP, and
Avenue, Suite 410, Westbury, NY 11590;
(f) Compliance telephone 516–228–7318; fax 516–794–5531.
–145EP airplanes. This AD was
Comply with this AD within the (3) Service information identified in this prompted by a report of airplanes with
compliance times specified, unless already AD that is not incorporated by reference is modified gust lock levers that prevented
done. available at the addresses specified in the thrust lever’s full excursion, thus
(g) Installation and Modification
paragraphs (k)(3) and (k)(4) of this AD. limiting the engine power. This AD
(k) Material Incorporated by Reference requires replacing a certain gust lock
Within 12 months after the effective date lever. We are issuing this AD to address
of this AD, install additional shims and (1) The Director of the Federal Register
modify the clamp strap, as applicable, to the the unsafe condition on these products.
approved the incorporation by reference
flight crew’s oxygen bottles’ retaining (IBR) of the service information listed in this DATES: This AD is effective September 5,
structures, in accordance with the paragraph under 5 U.S.C. 552(a) and 1 CFR 2017.
Accomplishment Instructions of Bombardier part 51.
Service Bulletin 215–4457, Revision 3, dated (2) You must use this service information The Director of the Federal Register
May 8, 2013. as applicable to do the actions required by approved the incorporation by reference
this AD, unless this AD specifies otherwise. of a certain publication listed in this AD
(h) Credit for Previous Actions
(i) Bombardier Service Bulletin 215–4457, as of September 5, 2017.
This paragraph provides credit for actions Revision 3, dated May 8, 2013.
required by paragraph (g) of this AD, if those (ii) Reserved. ADDRESSES: For service information
actions were performed before the effective (3) For service information identified in identified in this final rule, contact
date of this AD using any of the service this AD, contact Bombardier, Inc., 400 Côte- Empresa Brasileira de Aeronautica S.A.
information identified in paragraphs (h)(1), Vertu Road West, Dorval, Québec H4S 1Y9, (Embraer), Technical Publications
(h)(2), or (h)(3) of this AD. Canada; telephone 514–855–5000; fax 514– Section (PC 060), Av. Brigadeiro Faria
(1) Bombardier Service Bulletin 215–4457, 855–7401; email thd.crj@ Lima, 2170—Putim—12227–901 São
Revision 2, dated October 24, 2012. aero.bombardier.com; Internet http://
(2) Bombardier Service Bulletin 215–4457, Jose dos Campos—SP—Brasil; telephone
www.bombardier.com.
Revision 1, dated June 12, 2012. (4) You may view this service information
+55 12 3927–5852 or +55 12 3309–0732;
(3) Bombardier Service Bulletin 215–4457, at the FAA, Transport Airplane Directorate, fax +55 12 3927–7546; email distrib@
dated April 4, 2012. 1601 Lind Avenue SW., Renton, WA. For embraer.com.br; Internet http://
(i) Other FAA AD Provisions information on the availability of this www.flyembraer.com. You may view
material at the FAA, call 425–227–1221. this referenced service information at
The following provisions also apply to this (5) You may view this service information the FAA, Transport Airplane
AD: that is incorporated by reference at the
(1) Alternative Methods of Compliance
Directorate, 1601 Lind Avenue SW.,
National Archives and Records Renton, WA. For information on the
(AMOCs): The Manager, New York Aircraft Administration (NARA). For information on
Certification Office (ACO), ANE–170, FAA, the availability of this material at NARA, call
availability of this material at the FAA,
has the authority to approve AMOCs for this 202–741–6030, or go to: http:// call 425–227–1221. It is also available
AD, if requested using the procedures found www.archives.gov/federal-register/cfr/ibr- on the Internet at http://
in 14 CFR 39.19. In accordance with 14 CFR locations.html. www.regulations.gov by searching for
39.19, send your request to your principal and locating Docket No. FAA–2017–
inspector or local Flight Standards District Issued in Renton, Washington, on July 19,
2017. 0250.
Office, as appropriate. If sending information
directly to the manager of the ACO, send it Victor Wicklund, Examining the AD Docket
to ATTN: Program Manager, Continuing Acting Manager, Transport Airplane
Operational Safety, FAA, New York ACO, Directorate, Aircraft Certification Service. You may examine the AD docket on
1600 Stewart Avenue, Suite 410, Westbury,
[FR Doc. 2017–15555 Filed 7–31–17; 8:45 am]
the Internet at http://
NY 11590; telephone 516–228–7300; fax www.regulations.gov by searching for
516–794–5531. Before using any approved BILLING CODE 4910–13–P
and locating Docket No. FAA–2017–
AMOC, notify your appropriate principal 0250; or in person at the Docket
inspector, or lacking a principal inspector,
the manager of the local flight standards DEPARTMENT OF TRANSPORTATION Management Facility between 9 a.m.
district office/certificate holding district and 5 p.m., Monday through Friday,
office. Federal Aviation Administration except Federal holidays. The AD docket
(2) Contacting the Manufacturer: For any contains this AD, the regulatory
requirement in this AD to obtain corrective 14 CFR Part 39 evaluation, any comments received, and
actions from a manufacturer, the action must other information. The street address for
be accomplished using a method approved [Docket No. FAA–2017–0250; Directorate
the Docket Office (telephone 800–647–
by the Manager, New York ACO, ANE–170, Identifier 2016–NM–158–AD; Amendment
39–18976; AD 2017–15–16] 5527) is Docket Management Facility,
FAA; or Transport Canada Civil Aviation
(TCCA); or Viking Air Limited’s TCCA
U.S. Department of Transportation,
RIN 2120–AA64 Docket Operations, M–30, West
Design Approval Organization (DAO). If
approved by the DAO, the approval must Building Ground Floor, Room W12–140,
Airworthiness Directives; Empresa 1200 New Jersey Avenue SE.,
include the DAO-authorized signature.
Brasileira de Aeronautica S.A. Washington, DC 20590.
(j) Related Information (Embraer)
(1) Refer to Mandatory Continuing FOR FURTHER INFORMATION CONTACT:
Airworthiness Information (MCAI) Canadian
AGENCY: Federal Aviation Todd Thompson, Aerospace Engineer,
mstockstill on DSK30JT082PROD with RULES
AD CF–2016–33, dated October 12, 2016, for Administration (FAA), Department of International Branch, ANM–116,
related information. This MCAI may be Transportation (DOT). Transport Airplane Directorate, FAA,
found in the AD docket on the Internet at ACTION: Final rule. 1601 Lind Avenue SW., Renton, WA
http://www.regulations.gov by searching for 98057–3356; telephone 425–227–1175;
and locating Docket No. FAA–2017–0333. SUMMARY: We are adopting a new
fax 425–227–1149.
(2) For more information about this AD, airworthiness directive (AD) for all
contact Cesar Gomez, Aerospace Engineer, Empresa Brasileira de Aeronautica S.A. SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 17:30 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM 01AUR1](https://thefederalregister.org/doc/82_FR_35784/page/1.svg)
![Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations 35639
Discussion with this [Brazilian] AD in the indicated time of these factors, we determined that the
limit. compliance time, as proposed,
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR Required actions include replacing a represents an appropriate time in which
part 39 by adding an AD that would certain gust lock lever. You may the gust lock lever can be inspected and
apply to all Empresa Brasileira de examine the MCAI in the AD docket on replaced in a timely manner within the
Aeronautica S.A. (Embraer) Model the Internet at http:// fleet, while still maintaining an
EMB–135ER, –135KE, –135KL, –135LR, www.regulations.gov by searching for adequate level of safety. We have not
–145, –145ER, –145MR, –145LR, and locating Docket No. FAA–2017– changed this AD in this regard.
–145XR, –145MP, and –145EP 0250. Conclusion
airplanes. The NPRM published in the
Comments We reviewed the relevant data,
Federal Register on April 20, 2017 (82
FR 18590) (‘‘the NPRM’’). We gave the public the opportunity to considered the comments received, and
The Agência Nacional de Aviação participate in developing this AD. The determined that air safety and the
Civil (ANAC), which is the aviation following presents the comment public interest require adopting this AD
authority for Brazil, has issued Brazilian received on the NPRM and the FAA’s as proposed except for minor editorial
Airworthiness Directive 2016–07–01, response to that comment. changes. We have determined that these
dated July 18, 2016 (referred to after this minor changes:
Request To Revise the Compliance • Are consistent with the intent that
as the Mandatory Continuing
Time was proposed in the NPRM for
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition Air Line Pilots Association, correcting the unsafe condition; and
for all Empresa Brasileira de International (ALPA) requested that the • Do not add any additional burden
Aeronautica S.A. (Embraer) Model compliance time in the NPRM be upon the public than was already
EMB–135ER, –135KE, –135KL, –135LR, revised. ALPA stated that since the proposed in the NPRM.
–145, –145ER, –145MR, –145LR, Embraer service information was
Related Service Information Under 1
–145XR, –145MP, and –145EP published 19 months prior, operators
CFR Part 51
airplanes. The MCAI states: have been provided ample time to
ANAC was informed about occurrences in perform inspections to determine We have reviewed Embraer Service
which airplanes that incorporated SB 145– whether a corrective action is required. Bulletin 145–27–0126, dated October 6,
27–0115, which changes the Gust Lock lever ALPA commented that, therefore, it is in 2015. This service information describes
format, managed to takeoff, or performed partial support of the NPRM and procedures for replacement of a certain
[rejected take-offs] RTOs, in such a suggested an inspection compliance gust lock lever for one with an
configuration that the Gust Lock lever time of 12 months or 2,500 flight hours alternative format.
prevented the thrust levers full excursion, after the effective date of the AD, and a We have also reviewed Embraer
thus limiting the engine power to about 70%
of the nominal takeoff power. Analyses and
repair compliance time of 24 months or Service Bulletin 145–27–0115, Revision
simulations conducted by the manufacturer 5,000 hours after the effective date of 03, dated October 5, 2015. This service
confirmed this as a possible scenario in case the AD. information describes modification
some verification procedures prior to and We disagree with the commenter’s procedures involving replacement of the
during takeoff, for whatever reason, are not request. In developing an appropriate gust lock lever with a new gust lock
properly performed. After evaluation, the compliance time, we considered the lever enabling both engine thrust levers
conclusion was that the incorporation of SB safety implications, parts availability, to be advanced at the same angle as that
145–27–0115 would take away an important
and normal maintenance schedules for of the electromechanical gust lock lever.
tactile cue regarding the thrust levers
position, which, in a timely manner, would timely accomplishment of inspecting This service information is reasonably
alert the crew of an improper takeoff and replacing the gust lock lever. available because the interested parties
configuration. During takeoffs, or attempts Further, we arrived at the proposed have access to it through their normal
thereof, in such condition, the airplane compliance time with operator and course of business or by the means
would have a reduced performance, which manufacturer concurrence. Since the identified in the ADDRESSES section.
would increase the required takeoff distance actions specified in the Brazilian AD
or the RTO distance, and reduce the airplane Costs of Compliance
and service information are not
capacity to clear obstacles.
Since this condition may occur in other mandatory in the U.S., the FAA must We estimate that this AD affects 668
airplanes of the same type and affects flight issue a final rule to mandate those airplanes of U.S. registry.
safety, a corrective action is required. Thus, actions in order to address the identified We estimate the following costs to
sufficient reason exists to request compliance unsafe condition. In consideration of all comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Inspection ................................ 1 work-hour × $85 per hour = $85 ......................................... $0 $85 $56,780
We estimate the following costs to do be required based on the results of the determining the number of aircraft that
mstockstill on DSK30JT082PROD with RULES
any necessary replacements that would inspection. We have no way of might need this replacement:
VerDate Sep<11>2014 17:30 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM 01AUR1](https://thefederalregister.org/doc/82_FR_35784/page/2.svg)
![35640 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations
ON-CONDITION COSTS
Cost per
Action Labor cost Parts cost product
Replacement .................................... 1 work-hour × $85 per hour = $85 ............................................................ $6,315 $6,400
Authority for This Rulemaking PART 39—AIRWORTHINESS dated October 5, 2015, to determine whether
DIRECTIVES the actions specified in Embraer Service
Title 49 of the United States Code Bulletin 145–27–0115 have been done.
specifies the FAA’s authority to issue
■ 1. The authority citation for part 39 (h) Corrective Action
rules on aviation safety. Subtitle I,
continues to read as follows: If the check or inspection required by
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII: Authority: 49 U.S.C. 106(g), 40113, 44701. paragraph (g) of this AD indicates that the
Aviation Programs,’’ describes in more actions in Embraer Service Bulletin 145–27–
§ 39.13 [Amended] 0115 have been done: Within 5,000 flight
detail the scope of the Agency’s
■ 2. The FAA amends § 39.13 by adding hours or 24 months after the effective date of
authority.
the following new airworthiness this AD, whichever occurs first, replace the
We are issuing this rulemaking under gust lock lever, in accordance with the
the authority described in ‘‘Subtitle VII, directive (AD):
Accomplishment Instructions of Embraer
Part A, Subpart III, Section 44701: 2017–15–16 Empresa Brasileira de Service Bulletin 145–27–0126, dated October
General requirements.’’ Under that Aeronautica S.A. (Embraer): 6, 2015.
section, Congress charges the FAA with Amendment 39–18976; FAA–2017–0250;
Directorate Identifier 2016–NM–158–AD. (i) Acceptable Alternative
promoting safe flight of civil aircraft in
air commerce by prescribing regulations Modification of the airplane to a pre-
(a) Effective Date
modification condition (configuration before
for practices, methods, and procedures This AD is effective September 5, 2017. incorporating Embraer Service Bulletin 145–
the Administrator finds necessary for 27–0115), within the compliance times
safety in air commerce. This regulation (b) Affected ADs
specified in paragraph (h) of this AD, in
is within the scope of that authority None. accordance with a method approved by the
because it addresses an unsafe condition (c) Applicability Manager, International Branch, ANM–116,
that is likely to exist or develop on Transport Airplane Directorate, FAA; or the
This AD applies to all Empresa Brasileira
products identified in this rulemaking de Aeronautica S.A. (Embraer) Model EMB–
Agência Nacional de Aviação Civil (ANAC);
action. or ANAC’s authorized Designee, is acceptable
135ER, –135KE, –135KL, –135LR, –145,
for compliance with paragraph (h) of this AD.
Regulatory Findings –145ER, –145MR, –145LR, –145XR, –145MP,
and –145EP airplanes, certificated in any (j) Prohibited Modification
We determined that this AD will not category. As of the effective date of this AD, do not
have federalism implications under accomplish the actions specified in Embraer
(d) Subject
Executive Order 13132. This AD will Service Bulletin 145–27–0115 on any
not have a substantial direct effect on Air Transport Association (ATA) of
America Code 27, Flight controls. airplane.
the States, on the relationship between
the national government and the States, (e) Reason (k) Other FAA AD Provisions
or on the distribution of power and This AD was prompted by a report of The following provisions also apply to this
responsibilities among the various airplanes with modified gust lock levers that AD:
levels of government. performed take-offs or rejected take-offs (1) Alternative Methods of Compliance
(RTOs), in such a configuration that the gust (AMOCs): The Manager, International
For the reasons discussed above, I Branch, ANM–116, FAA, has the authority to
certify that this AD: lock lever prevented the thrust lever’s full
excursion, thus limiting the engine power to approve AMOCs for this AD, if requested
1. Is not a ‘‘significant regulatory using the procedures found in 14 CFR 39.19.
about 70% of the nominal take-off power. We
action’’ under Executive Order 12866; are issuing this AD to prevent incorrect In accordance with 14 CFR 39.19, send your
2. Is not a ‘‘significant rule’’ under the configuration of the gust lock lever, which request to your principal inspector or local
DOT Regulatory Policies and Procedures could reduce the airplane’s performance Flight Standards District Office, as
(44 FR 11034, February 26, 1979); during take-offs or attempted take-offs, appropriate. If sending information directly
3. Will not affect intrastate aviation in increase the required take-off distance or the to the International Branch, send it to the
Alaska; and RTO distance, and reduce the airplane’s attention of the person identified in
capacity to clear obstacles. paragraph (l)(2) of this AD. Information may
4. Will not have a significant be emailed to: 9-ANM-116-AMOC-
economic impact, positive or negative, (f) Compliance REQUESTS@faa.gov. Before using any
on a substantial number of small entities Comply with this AD within the approved AMOC, notify your appropriate
under the criteria of the Regulatory compliance times specified, unless already principal inspector, or lacking a principal
Flexibility Act. done. inspector, the manager of the local flight
standards district office/certificate holding
List of Subjects in 14 CFR Part 39 (g) Inspection district office.
Air transportation, Aircraft, Aviation Within 5,000 flight hours or 24 months (2) Contacting the Manufacturer: For any
safety, Incorporation by reference, after the effective date of this AD, whichever requirement in this AD to obtain corrective
occurs first: Check the airplane maintenance actions from a manufacturer, the action must
mstockstill on DSK30JT082PROD with RULES
Safety.
records to determine whether the actions be accomplished using a method approved
Adoption of the Amendment specified in Embraer Service Bulletin 145– by the Manager, International Branch, ANM–
27–0115 have been done. If the records 116, Transport Airplane Directorate, FAA; or
Accordingly, under the authority review is inconclusive, inspect the engine ANAC; or ANAC’s authorized Designee. If
delegated to me by the Administrator, control box assembly against the approved by the ANAC Designee, the
the FAA amends 14 CFR part 39 as Accomplishment Instructions of Embraer approval must include the Designee’s
follows: Service Bulletin 145–27–0115, Revision 03, authorized signature.
VerDate Sep<11>2014 17:30 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM 01AUR1](https://thefederalregister.org/doc/82_FR_35784/page/3.svg)
![Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Rules and Regulations 35641
(l) Related Information DEPARTMENT OF TRANSPORTATION Management Facility between 9 a.m.
(1) Refer to Mandatory Continuing and 5 p.m., Monday through Friday,
Airworthiness Information (MCAI) Brazilian Federal Aviation Administration except Federal holidays. The AD docket
Airworthiness Directive 2016–07–01, dated contains this AD, the regulatory
July 18, 2016, for related information. This 14 CFR Part 39 evaluation, any comments received, and
MCAI may be found in the AD docket on the [Docket No. FAA–2016–9307; Directorate other information. The address for the
Internet at http://www.regulations.gov by Identifier 2016–NM–076–AD; Amendment Docket Office (phone: 800–647–5527) is
searching for and locating Docket No. FAA– 39–18970; AD 2017–15–10] Docket Management Facility, U.S.
2017–0250. Department of Transportation, Docket
RIN 2120–AA64
(2) For more information about this AD, Operations, M–30, West Building
contact Todd Thompson, Aerospace Airworthiness Directives; The Boeing Ground Floor, Room W12–140, 1200
Engineer, International Branch, ANM–116, Company Airplanes New Jersey Avenue SE., Washington,
FAA, 1601 Lind Avenue SW., Renton, WA DC 20590.
98057–3356; telephone 425–227–1175; fax AGENCY: Federal Aviation
425–227–1149. Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT:
Kelly McGuckin, Aerospace Engineer,
(m) Material Incorporated by Reference ACTION: Final rule.
Systems and Equipment Branch, ANM–
(1) The Director of the Federal Register SUMMARY: We are adopting a new 130S, FAA, Seattle Aircraft Certification
approved the incorporation by reference airworthiness directive (AD) for certain Office (ACO), 1601 Lind Avenue SW.,
(IBR) of the service information listed in this The Boeing Company Model 787–9 Renton, WA 98057–3356; phone: 425–
paragraph under 5 U.S.C. 552(a) and 1 CFR airplanes. This AD was prompted by a 917–6490; fax: 425–917–6590; email:
part 51. determination that the shoulder bolt kelly.mcguckin@faa.gov.
(2) You must use this service information used on the outboard clevis of the
as applicable to do the actions required by SUPPLEMENTARY INFORMATION:
forward support fitting of the ram air
this AD, unless this AD specifies otherwise. turbine (RAT) might not be long enough Discussion
(i) Embraer Service Bulletin 145–27–0115, to allow for proper installation of the
Revision 03, dated October 5, 2015. RAT; therefore, the clevis of the joint We issued a notice of proposed
(ii) Embraer Service Bulletin 145–27–0126,
could be clamped together, resulting in rulemaking (NPRM) to amend 14 CFR
dated October 6, 2015. part 39 by adding an AD that would
reduced fatigue life and possible
(3) For service information identified in apply to certain The Boeing Company
fracture of the clevis. This AD requires
this AD, contact Empresa Brasileira de Model 787–9 airplanes. The NPRM
inspecting for cracking of the clevis of
Aeronautica S.A. (Embraer), Technical published in the Federal Register on
the forward support fitting of the RAT,
Publications Section (PC 060), Av. Brigadeiro November 28, 2016 (81 FR 85448) (‘‘the
installing a longer shoulder bolt, and
Faria Lima, 2170—Putim—12227—901 São NPRM’’). The NPRM was prompted by
Jose dos Campos—SP—Brasil; telephone +55
replacing the forward support fitting if
any cracking is found. We are issuing a determination that the shoulder bolt
12 3927–5852 or +55 12 3309–0732; fax +55 used on the outboard clevis of the
12 3927–7546; email distrib@embraer.com.br;
this AD to address the unsafe condition
on these products. forward support fitting of the RAT
Internet http://www.flyembraer.com. might not be long enough to allow for
(4) You may view this service information DATES: This AD is effective September 5,
proper installation of the RAT;
at the FAA, Transport Airplane Directorate, 2017.
therefore, the clevis of the joint could be
1601 Lind Avenue SW., Renton, WA. For The Director of the Federal Register
clamped together, resulting in reduced
information on the availability of this approved the incorporation by reference
fatigue life and possible fracture of the
material at the FAA, call 425–227–1221. of a certain publication listed in this AD
clevis. The NPRM proposed to require
(5) You may view this service information as of September 5, 2017.
inspecting for cracking of the clevis of
that is incorporated by reference at the ADDRESSES: For service information the forward support fitting of the RAT,
National Archives and Records identified in this final rule, contact installing a longer shoulder bolt, and
Administration (NARA). For information on Boeing Commercial Airplanes, replacing the forward support fitting
the availability of this material at NARA, call Attention: Contractual & Data Services with a new fitting if any cracking is
202–741–6030, or go to: http:// (C&DS), 2600 Westminster Blvd., MC
www.archives.gov/federal-register/cfr/ibr-
found. We are issuing this AD to
110–SK57, Seal Beach, CA 90740; prevent fracture of the clevis of the
locations.html. telephone 562–797–1717; Internet forward support fitting of the RAT,
Issued in Renton, Washington, on July 19, https://www.myboeingfleet.com. You which could result in the RAT departing
2017. may view this referenced service the airplane during a dual non-
Victor Wicklund, information at the FAA, Transport restartable engine loss, and consequent
Acting Manager, Transport Airplane
Airplane Directorate, 1601 Lind Avenue loss of control of the airplane, or injury
Directorate, Aircraft Certification Service. SW., Renton, WA. For information on to maintenance crews during periodic
the availability of this material at the RAT ground tests.
[FR Doc. 2017–15807 Filed 7–31–17; 8:45 am]
FAA, call 425–227–1221. It is also
BILLING CODE 4910–13–P
available on the Internet at http:// Comments
www.regulations.gov by searching for
and locating Docket No. FAA–2016– We gave the public the opportunity to
9307. participate in developing this AD. The
following presents the comments
mstockstill on DSK30JT082PROD with RULES
Examining the AD Docket received on the NPRM and the FAA’s
You may examine the AD docket on response to each comment.
the Internet at http:// Support for the NPRM
www.regulations.gov by searching for
and locating Docket No. FAA–2016– Boeing and Ahmed Ahmed Hamdy
9307; or in person at the Docket concur with the content of the NPRM.
VerDate Sep<11>2014 17:30 Jul 31, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\01AUR1.SGM 01AUR1](https://thefederalregister.org/doc/82_FR_35784/page/4.svg)
Document Created: 2018-10-24 11:43:51
Document Modified: 2018-10-24 11:43:51
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective September 5, 2017. | |
| Contact | Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. | |
| FR Citation | 82 FR 35638 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR