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.

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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
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. 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:

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

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:

On-Condition Costs

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

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):