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:

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: 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 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
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 Agencia Nacional de Aviacao 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.

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

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

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):