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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2017-0250; Directorate Identifier 2016-NM-158-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(Embraer)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD)
for all
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes. This proposed AD was prompted by a report of
airplanes with modified gust lock levers that prevented the thrust
lever's full excursion, thus limiting the engine power. This proposed
AD would require replacing a certain gust lock lever. We are proposing
this AD to address the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by June 5,
2017.
ADDRESSES: You may send comments, using the procedures found in
14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this NPRM, contact Empresa
Brasileira de Aeronautica S.A. (Embraer), Technical Publications
Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-12227-901 Sao
Jose
dos Campos-SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email distrib@embraer.com.br; Internet http://
www.flyembraer.com. You may view this referenced service information at
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2017-0250;
or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone 800-647-5527) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include "Docket No. FAA-2017-0250;
Directorate Identifier 2016-NM-158-AD" at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Agencia Nacional de Aviacao Civil (ANAC), which is the aviation
authority for Brazil, has issued Brazilian Airworthiness Directive
2016-07-01, dated July 18, 2016 (referred to after this as the Mandatory
Continuing Airworthiness Information, or "the MCAI"), to correct an
unsafe condition for certain Empresa Brasileira de Aeronautica S.A.
(Embraer) Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR,
-145LR, -145XR, -145MP, and -145EP airplanes. The MCAI states:
ANAC was informed about occurrences in which airplanes that
incorporated SB 145-27-0115, which changes the Gust Lock lever
format, managed to takeoff, or performed [rejected take-offs] RTOs,
in such a configuration that the Gust Lock lever prevented the
thrust levers full excursion, thus limiting the engine power to
about 70% of the nominal takeoff power. Analyses and simulations
conducted by the manufacturer confirmed this as a possible scenario
in case some verification procedures prior to and during takeoff,
for whatever reason, are not properly performed. After evaluation,
the conclusion was that the incorporation of SB 145-27-0115 would
take away an important tactile cue regarding the thrust levers
position, which, in a timely manner, would alert the crew of an
improper takeoff configuration. During takeoffs, or attempts
thereof, in such condition, the airplane would have a reduced
performance, which would increase the required takeoff distance or
the RTO distance, and reduce the airplane capacity to clear
obstacles.
Since this condition may occur in other airplanes of the same
type and affects flight safety, a corrective action is required.
Thus, sufficient reason exists to request compliance with this
[Brazilian] AD in the indicated time limit.
Required actions include replacing a certain gust lock lever. You
may examine the MCAI in the AD docket on the Internet at http://www.
regulations.gov by searching for and locating Docket No. FAA-2017-
0250.
Related Service Information Under 1 CFR Part 51
We reviewed Embraer Service Bulletin 145-27-0126, dated October 6,
2015. The service information describes procedures for replacement of
a
certain gust lock lever for one with an alternative format.
We have also reviewed Embraer Service Bulletin 145-27-0115,
Revision 03, dated October 5, 2015. This service information describes
procedures for modifying involving replacement of the gust lock lever
with a new gust lock lever enabling both engine thrust levers to be
advanced at the same angle as that of the electromechanical gust lock
lever.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of these
same type designs.
Costs of Compliance
We estimate that this proposed AD affects 668 airplanes of U.S. registry.
We estimate the following costs to comply with this proposed AD:
Estimated Costs
|
Action
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Labor cost
|
Parts cost
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Cost per
product
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Cost on
U.S. operators
|
| Inspection |
1 work-hour x $85 per hour =
$85 |
$0
|
$85
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$56,780
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We estimate the following costs to
do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
this replacement:
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Replacement |
1 work-hour x $85 per hour =
$85 |
$6,315
|
$6,400
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. "Subtitle VII: Aviation
Programs," describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
"Subtitle VII, Part A, Subpart III, Section 44701: General
requirements." Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a "significant regulatory action" under Executive Order
12866;
2. Is not a "significant rule" under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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