AD 2013-03-13

[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9800-9802]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2013-02902]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1223; Directorate Identifier 2012-NM-154-AD; 
Amendment 39-17348; AD 2013-03-13]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

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 certain

[[Page 9801]]

Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This AD was prompted 
by reports of the cockpit door falling off the hinges when it is being 
opened or closed. This AD requires replacing the striker and quick-
release pin of the passive lock of the cockpit door, and replacing the 
upper and lower hinges of the cockpit door. We are issuing this AD to 
prevent the cockpit door from falling off the hinges, which could cause 
injury to airplane occupants.

DATES: This AD becomes effective March 19, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 19, 
2013.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-2768; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 6, 2012 (77 
FR 72776). That NPRM proposed to correct an unsafe condition for the 
specified products. The Mandatory Continuing Airworthiness Information 
(MCAI) states:

    This [Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC)] AD was prompted by reports of cockpit door falling off the 
hinges when it is being opened or closed. If not corrected, this 
condition may cause injury to the occupants.
* * * * *
You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The Air Line Pilots 
Association, International (ALPA) supports the intent of the NPRM (77 
FR 72776, December 6, 2012).

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed--except for minor editorial changes. We have determined 
that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 72776, December 6, 2012) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 72776, December 6, 2012).

Costs of Compliance

    We estimate that this AD will affect 253 products of U.S. registry. 
We also estimate that it will take about 6 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $0 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of this AD to the U.S. operators 
to be $129,030 or $510 per product.

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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 the NPRM (77 FR 72776, December 6, 
2012), 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.

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 AD:

2013-03-13 Embraer S.A.: Amendment 39-17348. Docket No. FAA-2012-
1223; Directorate Identifier 2012-NM-154-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective March 19, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD.
    (1) Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE., and -
100 SU airplanes;

[[Page 9802]]

and Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes; 
certificated in any category; as identified in EMBRAER Service 
Bulletin 170-52-0055, Revision 01, dated August 1, 2011.
    (2) Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -
100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW 
airplanes; certificated in any category; as identified in EMBRAER 
Service Bulletin 190-52-0038, Revision 01, dated August 1, 2011, and 
EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 2011.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of the cockpit door falling off 
the hinges when it is being opened or closed. We are issuing this AD 
to prevent the cockpit door from falling off the hinges, which could 
cause injury to airplane occupants.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Required Actions and Compliance Time

    Within 1,500 flight hours after the effective date of this AD, 
do the actions specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Replace the striker and quick-release pin of the passive 
lock of the cockpit door, in accordance with Part I of the 
Accomplishment Instructions of the applicable service bulletin 
specified in paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this 
AD.
    (i) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated 
August 1, 2011 (for Model ERJ 170 airplanes).
    (ii) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated 
August 1, 2011 (for Model ERJ 190 airplanes except for Model ERJ 
190-100 ECJ airplanes).
    (iii) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 
2011 (for Model ERJ 190-100 ECJ airplanes).
    (2) Replace the cockpit door upper and lower hinges in 
accordance with Part III of the Accomplishment Instructions of the 
applicable service bulletin specified in paragraph (g)(2)(i), 
(g)(2)(ii), or (g)(2)(iii) of this AD.
    (i) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated 
August 1, 2011 (for Model ERJ 170 airplanes).
    (ii) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated 
August 1, 2011 (for Model ERJ 190 airplanes except for Model ERJ 
190-100 ECJ airplanes).
    (iii) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 
2011 (for Model ERJ 190-100 ECJ airplanes).

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g)(1) of this AD, if those actions were performed before the 
effective date of this AD using EMBRAER Service Bulletin 170-52-
0055, dated February 10, 2011 (for Model ERJ 170 airplanes); or 
EMBRAER Service Bulletin 190-52-0038, dated February 10, 2011 (for 
Model ERJ 190 airplanes except for Model ERJ 190-100 ECJ airplanes); 
which are not incorporated by reference in this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 ATTN: Cindy 
Ashforth, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone (425) 227-2768; fax (425) 227-1149. 
Information may be emailed to: <a href="/cdn-cgi/l/email-protection#b1889cf0fffc9c8080879cf0fcfef29ce3f4e0e4f4e2e5e2f1d7d0d09fd6dec7"><span class="__cf_email__" data-cfemail="b88195f9f6f59589898e95f9f5f7fb95eafde9edfdebecebf8ded9d996dfd7ce">[email&#160;protected]</span></a>. 
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. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(j) Related Information

    Refer to MCAI Brazilian Airworthiness Directives 2012-08-02 and 
2012-08-03, both effective September 5, 2012, and the service 
bulletins identified in paragraphs (j)(1), (j)(2), and (j)(3) of 
this AD, for related information.
    (1) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated 
August 1, 2011.
    (2) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated 
August 1, 2011.
    (3) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 
2011.

(k) 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 the AD specifies otherwise.
    (i) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated 
August 1, 2011.
    (ii) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated 
August 1, 2011.
    (iii) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 
2011.
    (3) For service information identified in this AD contact 
Embraer S.A., 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 <a href="/cdn-cgi/l/email-protection#1b7f72686f6972795b7e7679697a7e6935787476357969"><span class="__cf_email__" data-cfemail="0d69647e797f646f4d68606f7f6c687f236e6260236f7f">[email&#160;protected]</span></a>; Internet <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>.
    (4) You may review copies of the 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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on February 1, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-02902 Filed 2-11-13; 8:45 am]
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