[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Rules and Regulations]
[Pages 16725-16728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05373]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules 
and Regulations  

[[Page 16725]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0059; Directorate Identifier 2013-NM-075-AD; 
Amendment 39-18832; AD 2017-06-08]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are superseding Airworthiness Directive (AD) 2006-06-09, AD 
2012-05-08, and AD 2012-07-08, for certain Embraer S.A. Model ERJ 170 
airplanes. This AD requires revising the maintenance or inspection 
program, as applicable, to incorporate new airworthiness limitations. 
This AD was prompted by a determination that more restrictive 
airworthiness limitations are necessary. We are issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective May 11, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 11, 
2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of May 29, 
2012 (77 FR 24342, April 24, 2012).

ADDRESSES: For service information identified in this final rule, 
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 [email protected]; 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-2014-
0059.

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-2014-
0059; 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 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: Ana Martinez Hueto, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1622; fax 425-227-1320.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to 
amend 14 CFR part 39 to supersede AD 2006-06-09, Amendment 39-14518 (71 
FR 14365, March 22, 2006) (``AD 2006-06-06''); AD 2012-05-08, Amendment 
39-16980 (77 FR 16155, March 20, 2012) (``AD 2012-05-08''); and AD 
2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 2012) (``AD 
2012-07-08''); which applied to all Embraer S.A. Model ERJ 170 
airplanes.
    The SNPRM published in the Federal Register on September 12, 2016 
(81 FR 62668) (``the SNPRM''). We preceded the SNPRM with a notice of 
proposed rulemaking (NPRM) that published in the Federal Register on 
February 27, 2014 (79 FR 11013) (``the NPRM''). The NPRM was prompted 
by a determination that more restrictive maintenance requirements and 
airworthiness limitations are necessary than those required by AD 2012-
07-08. The NPRM proposed to require a revision to the maintenance or 
inspection program, as applicable, to incorporate new inspections. The 
SNPRM also proposed to revise the maintenance or inspection program, as 
applicable, to incorporate the new airworthiness limitations section of 
the maintenance review board report (MRBR), remove certain airplanes 
from the applicability, and supersede AD 2006-06-09, AD 2012-05-08, and 
AD 2012-07-08, which require tasks that are now included in the new 
revision of the MRBR.
    We are issuing this AD to detect and correct fatigue cracking of 
various PSEs; such cracking could result in reduced structural 
integrity of the airplane. We are also issuing this AD to prevent 
safety-significant latent failures; such failures, in combination with 
one or more other specified failures or events, could result in a 
hazardous or catastrophic failure condition of avionics, hydraulic 
systems, fire detection systems, fuel systems, or other critical 
systems. We are also issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions; such failures, in 
combination with flammable fuel vapors, could result in fuel tank 
explosions and consequent loss of the airplane.
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2015-06-01, effective June 2, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on certain Embraer S.A. 
Model ERJ 170 airplanes. The MCAI states:

    This [Brazilian] AD was prompted by a new revision to the 
airworthiness limitations of the Maintenance Review Board Report. 
This [Brazilian] AD is being issued to ensure that fatigue cracking 
of various principal structural elements is detected and corrected; 
such fatigue cracking, could adversely affect the structural 
integrity of these airplanes.

    The required action is revising the maintenance or inspection 
program, as applicable, to incorporate the airworthiness limitations in 
Appendix A--Airworthiness Limitations to the EMBRAER 170/175 
Maintenance

[[Page 16726]]

Review Board Report, MRB-1621, Revision 10, dated February 23, 2015, 
which is divided into four parts: Part 1--Certification Maintenance 
Requirements (CMR), Part 2--Airworthiness Limitation Inspections 
(ALI)--Structures, Part 3--Fuel System Limitation Items (FSL), and Part 
4--Life Limited Items (LLI).
    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-2014-
0059.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comment received on the SNPRM and 
the FAA's response to that comment.

Request To Allow Use of Future Revisions of Service Information

    SkyWest Airlines requested an allowance for future revisions of the 
EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, (``MRB-
1621''), to be used as long as the tasks, intervals, and requirements 
haven't changed. The commenter stated that if the purpose of the SNPRM 
was to ensure that operators are using the new airworthiness 
limitations, it would seem that using later revisions of MRB-1621, as 
long as the tasks, intervals, and requirements haven't changed would 
make it easier to comply with the proposed requirements, and with the 
airworthiness limitation revisions that come with newly delivered 
airplanes. The commenter explained that operators might have to divide 
their maintenance and inspection program into groups of airplanes. For 
airplanes with the serial numbers identified in the SNPRM, operators 
would be required to use MRB-1621, Revision 10, and for newly delivered 
airplanes operators would be required to comply with the EMBRAER 170/
175 Maintenance Review Board Report revision released when the new 
airplanes were delivered.
    We agree with the commenter's observation that operators might have 
to use two different revisions of MRB-1621, the revision required by 
this final rule and the revision that is released with newly delivered 
airplanes; however, in an AD we may not refer to any document that does 
not yet exist. Allowing the use of a ``later revision'' of a specific 
service document violates Office of the Federal Register (OFR) 
regulations for approval of materials ``incorporated by reference,'' as 
specified in 1 CFR 51.1(f).
    Operators may request approval to use later revisions of a 
referenced document as an alternative method of compliance (AMOC) under 
the provisions specified in paragraph (k)(1) of this AD. The FAA 
routinely approves AMOCs that allow operators to incorporate later 
revisions of referenced ALI documents (issued after publication of the 
AD) into their maintenance or inspection programs instead of the 
revision required by an AD. This allows an operator to comply with both 
the AD, for affected airplanes, and the airplane's type design for 
later delivered airplanes. We have not changed this AD regarding this 
issue.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed, with minor editorial changes. We have determined 
that these changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Appendix A--Airworthiness Limitations to 
the EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, Revision 
10, dated February 23, 2015, which is divided into four parts. As noted 
in the titles of each of these parts, Appendix A addresses 
Certification Maintenance Requirements (CMRs), airworthiness limitation 
inspections (ALIs) for structures, fuel system limitation items (FSLs), 
and life-limited items (LLI), and includes established tasks and 
intervals.
    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 286 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                        Cost on
                    Action                                Labor cost               Parts     Cost per     U.S.
                                                                                    cost     product   operators
----------------------------------------------------------------------------------------------------------------
Revision of the maintenance or inspection      1 work-hour x $85 per hour = $85         $0        $85    $24,310
 program (retained action from AD 2012-07-08).
Revision of the maintenance or inspection      1 work-hour x $85 per hour = $85          0         85     24,310
 program (new action).
----------------------------------------------------------------------------------------------------------------

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

[[Page 16727]]

    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:
0
a. Removing Airworthiness Directives (AD) 2006-06-09, Amendment 39-
14518 (71 FR 14365, March 22, 2006); AD 2012-05-08, Amendment 39-16980 
(77 FR 16155, March 20, 2012); and AD 2012-07-08, Amendment 39-17014 
(77 FR 24342, April 24, 2012); and
0
b. Adding the following new AD:

2017-06-08 Embraer S.A.: Amendment 39-18832; Docket No. FAA-2014-
0059; Directorate Identifier 2013-NM-075-AD.

(a) Effective Date

    This AD is effective May 11, 2017.

(b) Affected ADs

    This AD replaces the ADs specified in paragraphs (b)(1), (b)(2), 
and (b)(3) of this AD:
    (1) AD 2006-06-09, Amendment 39-14518 (71 FR 14365, March 22, 
2006) (``AD 2006-06-09'').
    (2) AD 2012-05-08, Amendment 39-16980 (77 FR 16155, March 20, 
2012) (``AD 2012-05-08'').
    (3) AD 2012-07-08, Amendment 39-17014 (77 FR 24342, April 24, 
2012) (``AD 2012-07-08'').

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 170-100 LR, -100 STD, 
-100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, 
and -200 STD airplanes; certificated in any category; manufacturer 
serial numbers 17000002, 17000004 through 17000013 inclusive, and 
17000015 through 17000453 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Codes 27, Flight 
controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons; 
55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.

(e) Reason

    This AD was prompted by a determination that more restrictive 
airworthiness limitations are necessary. We are issuing this AD to 
detect and correct fatigue cracking of various principal structural 
elements (PSEs); such cracking could result in reduced structural 
integrity of the airplane. We are also issuing this AD to prevent 
safety-significant latent failures; such failures, in combination 
with one or more other specified failures or events, could result in 
a hazardous or catastrophic failure condition of avionics, hydraulic 
systems, fire detection systems, fuel systems, or other critical 
systems. We are also issuing this AD to prevent the potential for 
ignition sources inside fuel tanks caused by latent failures, 
alterations, repairs, or maintenance actions; such failures, in 
combination with flammable fuel vapors, could result in fuel tank 
explosions and consequent loss of the airplane.

(f) Compliance

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

(g) Retained Maintenance Program Revision, With No Changes

    This paragraph restates the action required by paragraph (i) of 
AD 2012-07-08, with no changes.
    (1) Within 60 days after May 29, 2012 (the effective date of AD 
2012-07-08): Revise the maintenance program to incorporate the new 
or revised tasks specified in Part 2--Airworthiness Limitation 
Inspection (ALI)--Structures, of Appendix A, Airworthiness 
Limitations, to the EMBRAER 170 Maintenance Review Board Report 
(MRBR), MRB-1621, Revision 7, dated November 11, 2010; and EMBRAER 
Temporary Revision 7-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations, to the EMBRAER 170 MRBR, MRB-1621, 
Revision 7, dated November 11, 2010; with the initial compliance 
times and intervals specified in these documents.
    (2) The initial compliance times for the tasks start from the 
date of issuance of the original Brazilian airworthiness certificate 
or the date of issuance of the original Brazilian export certificate 
of airworthiness of the applicable airplane at the applicable time 
specified in the tasks, or within 600 flight cycles after revising 
the maintenance program, whichever occurs later. For certain tasks, 
the compliance times depend on the pre-modification and post-
modification status of the actions specified in the associated 
service bulletin, as specified in the ``Applicability'' column of 
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of 
Appendix A, Airworthiness Limitations, to the EMBRAER 170 MRBR, MRB-
1621, Revision 7, dated November 11, 2010; and EMBRAER Temporary 
Revision 7-1, dated February 11, 2011, to Part 2--Airworthiness 
Limitation Inspection (ALI)--Structures, of Appendix A, 
Airworthiness Limitations, to the EMBRAER 170 MRBR, MRB-1621, 
Revision 7, dated November 11, 2010.

(h) Retained No Alternative Actions Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs), With New Exception

    This paragraph restates the action required by paragraph (j) of 
AD 2012-07-08, with a new exception. Except as required by paragraph 
(i) of this AD, after accomplishing the revisions required by 
paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, and/or CDCCLs may be used other than those 
specified in Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 
170 MRBR MRB-1621, Revision 7, dated November 11, 2010; and EMBRAER 
Temporary Revision 7-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspection (ALI)--Structures, of Appendix 
A, Airworthiness Limitations, of the EMBRAER 170 MRBR, MRB-1621, 
Revision 7, dated November 11, 2010; unless the actions, intervals, 
and/or CDCCLs are approved as an alternative method of compliance 
(AMOC) in accordance with the procedures specified in paragraph 
(k)(1) of this AD.

(i) New Revision of Maintenance or Inspection Program

    Within 12 months after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
airworthiness limitations specified in Part 1--Certification 
Maintenance Requirements (CMR); Part 2--Airworthiness Limitation 
Inspections (ALI)--Structures; Part 3--Fuel System Limitation Items 
(FSL); and Part 4--Life Limited Items (LLI); of Appendix A--
Airworthiness Limitations; of the EMBRAER 170/175 MRBR, MRB-1621, 
Revision 10, dated February 23, 2015. The initial compliance times 
and repetitive intervals are specified in the applicable part of the 
EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 23, 
2015. Accomplishing the revision to the maintenance or inspection 
program required by this paragraph terminates the requirements of 
paragraph (g) of this AD.

(j) No Alternative Actions, Intervals, or CDCCLs

    After accomplishing the revision required by paragraph (i) of 
this AD, no alternative actions (e.g., inspections), intervals, or 
CDCCLs may be used unless the actions, intervals, and CDCCLs are 
approved as an AMOC in accordance with the procedures specified in 
paragraph (k)(1) of this AD.

(k) 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:

[[Page 16728]]

Ana Martinez Hueto, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., 
Renton, WA 98057-3356; telephone 425-227-1622; fax 425-227-1320. 
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: As of the effective date of 
this AD, 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 Branch, ANM-116, Transport 
Airplane Directorate, 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.

(l) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Brazilian Airworthiness Directive 2015-06-01, effective June 2, 
2015, 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-2014-0059.

(m) 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 
May 11, 2017.
    (i) Appendix A--Airworthiness Limitations to the EMBRAER 170/175 
Maintenance Review Board Report, MRB-1621, Revision 10, dated 
February 23, 2015.
    (ii) Reserved.
    (4) The following service information was approved for IBR on 
May 29, 2012 (77 FR 24342, April 24, 2012).
    (i) Part 2--Airworthiness Limitation Inspection (ALI)--
Structures, of Appendix A, Airworthiness Limitations, of the EMBRAER 
170 Maintenance Review Board Report, MRB-1621, Revision 7, dated 
November 11, 2010. Only the title page of this document specifies 
the revision level.
    (ii) EMBRAER Temporary Revision 7-1, dated February 11, 2011, to 
Part 2--Airworthiness Limitation Inspection (ALI)--Structures, of 
Appendix A, Airworthiness Limitations, of the EMBRAER 170 
Maintenance Review Board Report, MRB-1621, Revision 7, dated 
November 11, 2010.
    (5) 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 [email protected]; Internet http://www.flyembraer.com.
    (6) You may view this 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.
    (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 Renton, Washington, on March 10, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-05373 Filed 4-5-17; 8:45 am]
 BILLING CODE 4910-13-P