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

[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Rules and Regulations]
[Pages 8605-8607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04312]



[[Page 8605]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0118; Product Identifier 2018-NM-143-AD; Amendment 
39-19582; AD 2019-03-30]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -
135KE, -135KL, and -135LR airplanes and Model EMB-145, -145ER, -145MR, 
-145LR, -145XR, -145MP, and -145EP airplanes. This AD was prompted by 
reports of internal corrosion of the stow/transit switches installed in 
the engine thrust reversers. This AD requires installation of new stow/
transit switches. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD becomes effective March 26, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 26, 
2019.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of August 
3, 2004 (69 FR 38819, June 29, 2004).
    We must receive comments on this AD by April 25, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this 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 
Standards Branch, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195. It 
is also available on the internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0118.

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-2019-
0118; or in person at the Docket Operations office 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 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: Kathleen Arrigotti, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218.

SUPPLEMENTARY INFORMATION:

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian AD 
2001-05-03R3, dated April 22, 2003 (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-135 airplanes and Model EMB-145, 145ER, -
145MR, -145LR, -145XR, -145MP, and 145EP airplanes. The MCAI states:

    There have been found cases of internal corrosion of the stow/
transit switches installed in the engine thrust reversers of EMB-145 
( ) aircraft models. One case of severely contaminated transit 
switch resulted in uncommanded engine rollback to idle in flight. 
Spurious messages ``ENG ( ) REV DISAGREE'' have also been displayed 
in the [Engine Indicating and Crew Alerting System] EICAS, due to 
the above internal corrosion, which have induced aborted takeoffs.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action [installation of 
stow/transit switches] is required. Thus, sufficient reason exists 
to request compliance with this [Brazilian] AD in the indicated time 
limit.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0118.

Relationship Between This AD and AD 2004-13-16, Amendment 39-13698 (69 
FR 38819, June 29, 2004) (``AD 2004-13-16'')

    We issued AD 2004-13-16 to correspond to the MCAI. However, AD 
2004-13-16 referenced Embraer Service Bulletin 145-78-0035, Revision 
02, dated January 31, 2003, which has been revised to include 
additional airplanes. We have determined that not all affected 
airplanes were listed in Embraer Service Bulletin 145-78-0035, Revision 
02, dated January 31, 2003.
    This final rule does not supersede AD 2004-13-16. Rather, we have 
determined that a stand-alone AD is more appropriate to address the 
airplanes that were not identified in the applicability of AD 2004-13-
16.

Related Service Information Under 1 CFR Part 51

    Embraer issued Service Bulletin 145-78-0035, Revision 03, dated 
November 26, 2004. This service information describes procedures for 
installing new stow/transit switches having part number 83-990-168 on 
both engines. 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.
    Embraer also issued Service Bulletin 145-78-0035, Revision 02, 
dated January 31, 2003, which the Director of the Federal Register 
approved for incorporation by reference as of August 3, 2004 (69 FR 
38819, June 29, 2004).

FAA's Determination

    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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

[[Page 8606]]

Requirements of This AD

    This AD requires accomplishing the actions specified in the service 
information described previously.

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary. In addition, for the reason stated above, we find that 
good cause exists for making this amendment effective in less than 30 
days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2019-0118; Product 
Identifier 2018-NM-143-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, we provide the following cost estimates to comply with this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
8 work-hours x $85 per hour = $680....            $194             $874
------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to transport category airplanes and 
associated appliances to the Director of the System Oversight Division.

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):

2019-03-30 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-19582; Docket No. FAA-2019-0118; Product Identifier 
2018-NM-143-AD.

(a) Effective Date

    This AD becomes effective March 26, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Empresa Brasileira de Aeronautica S.A. 
(Embraer) Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes identified in Embraer Service Bulletin 145-78-0035, 
Revision 03, dated November 26, 2004; certificated in any category; 
except airplanes identified in Embraer Service Bulletin 145-78-0035, 
Revision 02, dated January 31, 2003.

(d) Subject

    Air Transport Association (ATA) of America Code 78, Engine 
Exhaust.

(e) Reason

    This AD was prompted by reports of internal corrosion of the 
stow/transit switches installed in the engine thrust reversers. We 
are issuing this AD to address corrosion of the stow/transit 
switches, which could result in uncommanded loss of engine power in-
flight or erroneous signals in the Engine Indicating and Crew 
Alerting System (EICAS), which could induce aborted takeoffs.

[[Page 8607]]

(f) Compliance

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

(g) Installation of Stow/Transit Switches

    Before the accumulation of 2,000 total flight hours, or within 
400 flight hours after the effective date of this AD, whichever 
occurs later, install new stow/transit switches having part number 
(P/N) 83-990-168, on the #1 and #2 engine thrust reversers, in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 145-78-0035, Revision 03, dated November 26, 2004.

(h) Parts Installation Limitation

    As of the effective date of this AD, no person may install, on 
any airplane, a stow/transit switch having P/N 83-990-137 or P/N 83-
990-152.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using the applicable document specified in 
paragraphs (i)(1), (i)(2), and (i)(3) of this AD.
    (1) Embraer Service Bulletin 145-78-0035, dated October 4, 2002. 
This document is not incorporated by reference in this AD.
    (2) Embraer Service Bulletin 145-78-0035, Revision 01, dated 
December 11, 2002. This document is not incorporated by reference in 
this AD.
    (3) Embraer Service Bulletin 145-78-0035, Revision 02, dated 
January 31, 2003. This document is incorporated by reference in AD 
2004-13-16, Amendment 39-13698 (69 FR 38819, June 29, 2004).

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, 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 
Section, Transport Standards Branch, 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.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian AD 2001-05-03R3, dated April 22, 2003, 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-2019-0118.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3218.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(5) and (l)(6) of this AD.

(l) 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.
    (3) The following service information was approved for IBR on 
April 15, 2019.
    (i) Embraer Service Bulletin 145-78-0035, Revision 03, dated 
November 26, 2004.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
August 3, 2004 (69 FR 38819, June 29, 2004).
    (i) Embraer Service Bulletin 145-78-0035, Revision 02, dated 
January 31, 2003. Pages 1 and 2 of this document are identified as 
Revision 02, dated January 31, 2003; pages 3 through 13 are 
identified as the original version, dated October 4, 2002.
    (ii) [Reserved]
    (5) 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.
    (6) You may view this service information at the FAA, Transport 
Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (7) 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 Des Moines, Washington, on February 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-04312 Filed 3-8-19; 8:45 am]
BILLING CODE 4910-13-P

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