[Federal Register Volume 82, Number 97 (Monday, May 22, 2017)]
[Proposed Rules]
[Pages 23153-23156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10136]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 82, No. 97 / Monday, May 22, 2017 / Proposed 
Rules  

[[Page 23153]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0008; Directorate Identifier 2013-NM-076-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM); reopening 
of comment period.

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SUMMARY: We are revising an earlier notice of proposed rulemaking 
(NPRM) to supersede an Airworthiness Directive (AD) for all Embraer 
S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and Model 
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. This action revises 
the NPRM by adding a requirement to revise the maintenance or 
inspection program, as applicable, to incorporate new airworthiness 
limitations and adding certain airplanes to the applicability. We are 
proposing this airworthiness directive (AD) to address the unsafe 
condition on these products. Since these actions impose an additional 
burden over those proposed in the NPRM, we are reopening the comment 
period to allow the public the chance to comment on these proposed 
changes.

DATES: The comment period for the NPRM published in the Federal 
Register on February 3, 2014 (79 FR 6106), is reopened.
    We must receive comments on this SNPRM by July 6, 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: 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 SNPRM, 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.

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-
0008; 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 SNPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket 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: 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0008; 
Directorate Identifier 2013-NM-076-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this SNPRM. We will 
consider all comments received by the closing date and may amend this 
SNPRM 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 SNPRM.

Discussion

    On November 13, 2012, we issued AD 2012-23-09, Amendment 39-17265 
(77 FR 73270, December 10, 2012) (``AD 2012-23-09''). AD 2012-23-09 
requires actions intended to address an unsafe condition on all Embraer 
S.A. Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and Model 
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes.
    We issued an NPRM to amend 14 CFR part 39 by adding an AD to 
supersede AD 2012-23-09 that would apply to all Embraer S.A. Model ERJ 
190-100 STD, -100 LR, and -100 IGW airplanes; and Model ERJ 190-200 
STD, -200 LR, and -200 IGW airplanes. The NPRM published in the Federal 
Register on February 3, 2014 (79 FR 6106). The NPRM was prompted by a 
determination that more restrictive maintenance requirements and 
airworthiness limitations were necessary. The NPRM proposed to require 
a revision to the maintenance or inspection program to incorporate new 
inspection tasks and their respective thresholds and intervals.

Actions Since the NPRM was Issued

    Since we issued the NPRM, a new revision of the airworthiness 
limitations section (ALS) of the EMBRAER ERJ 190/195 Maintenance Review 
Board Report (MRBR) was issued, which contains more restrictive 
airworthiness limitations. The Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for 
Brazil, has issued Brazilian Airworthiness Directive 2016-04-01, 
effective April 4, 2016 (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 190-100 STD, -100 
LR, -100 IGW, and -100 ECJ airplanes; and

[[Page 23154]]

Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. The MCAI 
states:

    This [Brazilian] AD was prompted by a determination that 
existing maintenance requirements and airworthiness limitations are 
inadequate to ensure the structural integrity of the airplane. We 
are issuing this [Brazilian] AD to prevent failure of certain system 
components, which could result in reduced structural integrity [and 
system reliability] of the airplane.

    The required action is revising the maintenance or inspection 
program, as applicable, to incorporate the airworthiness limitations.
    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-
0008.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Appendix A--Airworthiness Limitations, Part 
1--Certification Maintenance Requirements, Part 2--Airworthiness 
Limitation Inspections--Structures, Part 3--Fuel System Limitation 
Items, and Part 4--Life-Limited Items, of the EMBRAER ERJ 190/195 
Maintenance Review Board Report (MRBR), MRB-1928, Revision 9, dated 
August 14, 2015 (``MRB-1928, Revision 9''). This service information 
describes airworthiness limitations (Part 1, Part 2, Part 3, and Part 4 
in Appendix A--Airworthiness Limitations of MRB-1928, Revision 9, make 
up the airworthiness limitations).
    Embraer S.A. has also issued Temporary Revision 9-1, dated October 
27, 2015, to Appendix A--Airworthiness Limitations, of MRB-1928, 
Revision 9, which provides revised airworthiness limitation inspections 
and life limited items due to new structural provisions for Live TV and 
Connectivity System.
    In addition, Embraer S.A. has issued Temporary Revision 9-3, dated 
October 27, 2015, to Appendix A--Airworthiness Limitations, of MRB-
1928, Revision 9, which updates the life limitations of certain main 
landing gear and nose landing gear components.
    Embraer S.A. has also issued Appendix A, Airworthiness Limitation, 
of the EMBRAER ERJ 190-100 ECJ Maintenance Planning Guide (MPG), MPG-
2928, Revision 4, dated July 14, 2014 (``MPG-2928, Revision 4''). This 
service information describes airworthiness limitations (Part 1, 
Certification Maintenance Requirements, Part 2, Airworthiness 
Limitation Inspections--Structures, Part 3, Fuel System Limitation 
Items, and Part 4, Life Limited Items, of the MPG make up the 
airworthiness limitations).
    Embraer S.A. has also issued Temporary Revision 4-2, dated February 
13, 2015, to Appendix A, Part 2, of MPG-2928, Revision 4, which 
describes detailed inspections for the upper doubler at the forward 
passenger door cutout.
    Furthermore, Embraer S.A. has issued Temporary Revision 4-3, dated 
October 30, 2015, to Appendix A, Part 4, of MPG-2928, Revision 4, which 
updates the life limitations of certain main landing gear and nose 
landing components.
    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.

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

FAA's Determination and Requirements of This SNPRM

    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(k)(1) of this proposed AD. The request should include a description of 
changes to the required inspections that will ensure the continued 
damage tolerance of the affected structure.
    Notwithstanding any other maintenance or operational requirements, 
components that have been identified as airworthy or installed on the 
affected airplanes before accomplishing the revision of the airplane 
maintenance or inspection program specified in this proposed AD, do not 
need to be reworked in accordance with the CDCCLs. However, once the 
airplane maintenance or inspection program has been revised as required 
by this proposed AD, future maintenance actions on these components 
must be done in accordance with the CDCCLs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 83 airplanes of U.S. registry.
    The actions that are required by AD 2012-23-09 and retained in this 
SNPRM take about 1 work-hour per product, at an average labor rate of 
$85 per work-hour. Required parts cost about $0 per product. Based on 
these figures, the estimated cost of the actions that were required by 
AD 2012-23-09 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the new basic requirements of this SNPRM. The average 
labor rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this SNPRM on 
U.S. operators to be $7,055, or $85 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 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;

[[Page 23155]]

    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

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 removing Airworthiness Directive (AD) 
2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012), and 
adding the following new airworthiness directive (AD):

Embraer S.A.: Docket No. FAA-2014-0008; Directorate Identifier 2013-
NM-076-AD.

(a) Comments Due Date

    We must receive comments by July 6, 2017.

(b) Affected ADs

    This AD replaces AD 2012-23-09, Amendment 39-17265 (77 FR 73270, 
December 10, 2012) (``AD 2012-23-09'').

(c) Applicability

    This AD applies to 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; serial 
numbers 19000002, 19000004, 19000006 through 19000213 inclusive, 
19000215 through 19000276 inclusive, 19000278 through 19000466 
inclusive, 19000468 through 19000525 inclusive, and 19000527 through 
19000696 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 structural components and to 
prevent failure of certain system components; these conditions could 
result in reduced structural integrity and system reliability of the 
airplane.

(f) Compliance

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

(g) Retained Revision of the Maintenance Program, With No Changes

    For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, ERJ 
190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: This 
paragraph restates the actions required by paragraph (h) of AD 2012-
23-09, with no changes. Within 90 days after January 14, 2013 (the 
effective date of AD 2012-23-09), revise the maintenance program to 
incorporate the tasks specified in Part 2--Airworthiness Limitation 
Inspections (ALI)--Structures, of Appendix A, Airworthiness 
Limitations (AL), of the EMBRAER 190 Maintenance Review Board 
Report, MRB-1928, Revision 5, dated November 11, 2010; and EMBRAER 
Temporary Revision (TR) 5-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix 
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance 
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010; 
with the thresholds and intervals stated in these documents. The 
initial compliance times for the tasks are stated in the 
``Implementation Plan'' section of Appendix A, Airworthiness 
Limitations (AL), of the EMBRAER 190 Maintenance Review Board 
Report, MRB-1928, Revision 5, dated November 11, 2010.

(h) Retained No Alternative Actions or Intervals, With New Exception

    This paragraph restates the actions required by paragraph (i) of 
AD 2012-23-09, with a new exception. After accomplishing the 
revision required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals, may be used, unless the 
actions or intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (k)(1) of this AD, and except as required by paragraph (i) 
of this AD.

(i) New Requirements of This AD: Revision of the Maintenance or 
Inspection Program

    (1) For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, 
ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: 
Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
tasks specified in Part 2--Airworthiness Limitation Inspections--
Structures, of Appendix A--Airworthiness Limitations, of the EMBRAER 
190/195 Maintenance Review Board Report, MRB-1928, Revision 9, dated 
August 14, 2015 (``MRB-1928, Revision 9''); EMBRAER Temporary 
Revision 9-1, dated October 27, 2015, to Part 2--Airworthiness 
Limitation Inspections--Structures, and Part 4--Life Limited Items, 
of Appendix A, Airworthiness Limitations, of MRB-1928, Revision 9; 
and EMBRAER Temporary Revision 9-3, dated October 27, 2015, to Part 
2--Airworthiness Limitation Inspections--Structures, of Appendix A, 
Airworthiness Limitations, of MRB-1928, Revision 9; with the 
thresholds and intervals stated in these documents. The initial 
compliance times for the tasks are at the later of the times 
specified in paragraphs (i)(1)(i) and (i)(1)(ii) of this AD. Doing 
the revision required by this paragraph terminates the revision 
required by paragraph (g) of this AD.
    (i) Within the applicable times specified in MRB-1928, Revision 
9; EMBRAER Temporary Revision 9-1, dated October 27, 2015, to Part 
2--Airworthiness Limitation Inspections--Structures, and Part 4--
Life Limited Items, of Appendix A, Airworthiness Limitations, of 
MRB-1928, Revision 9; and EMBRAER Temporary Revision 9-3, dated 
October 27, 2015, to Part 2--Airworthiness Limitation Inspections--
Structures, of Appendix A, Airworthiness Limitations, of MRB-1928, 
Revision 9. Where tasks are listed in both MRB-1928, Revision 9, and 
a temporary revision, the compliance times in the temporary revision 
take precedence.
    (ii) Within 90 days or 600 flight cycles after the effective 
date of this AD, whichever occurs later.
    (2) For Model ERJ 190-100 ECJ airplanes: Within 90 days after 
the effective date of this AD, revise the maintenance or inspection 
program, as applicable, to incorporate the tasks specified in Part 
1, Certification Maintenance Requirements, Part 2, Airworthiness 
Limitation Inspections--Structures, Part 3, Fuel System Limitation 
Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness 
Limitation, of the EMBRAER ERJ 190-100 ECJ Maintenance Planning 
Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER Temporary 
Revision (TR) 4-2, dated February 13, 2015, and EMBRAER TR 4-3, 
dated October 30, 2015; with the thresholds and intervals stated in 
these documents. The initial compliance times for the tasks are at 
the later of the times specified in paragraphs (i)(2)(i) and 
(i)(2)(ii) of this AD.
    (i) Within the applicable times specified in Part 1, 
Certification Maintenance Requirements, Part 2, Airworthiness 
Limitation Inspections--Structures, Part 3, Fuel System Limitation 
Items, and Part 4, Life Limited Items, of Appendix A, Airworthiness 
Limitation, of the EMBRAER ERJ 190-100 ECJ Maintenance Planning 
Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER TR 4-2, 
dated February 13, 2015; and EMBRAER TR 4-3, dated October 30, 2015. 
Where tasks are listed in both MPG-2928, Revision 4, and a temporary 
revision, the compliance times in the temporary revision take 
precedence.
    (ii) Within 90 days or 600 flight cycles after the effective 
date of this AD, whichever occurs later.

(j) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

    After accomplishment of the revision required by paragraph (i) 
of this AD, no alternative actions (e.g., inspections), intervals, 
and/or CDCCLs may be used unless the actions, intervals, and/or 
CDCCLs are

[[Page 23156]]

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 the attention of 
the person identified in paragraph (l)(2) of this AD. 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

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2016-04-01, effective April 
4, 2016, 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-2014-0008.
    (2) For more information about this AD, 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.
    (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 [email protected]; Internet http://www.flyembraer.com. 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.

    Issued in Renton, Washington, on May 8, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10136 Filed 5-19-17; 8:45 am]
 BILLING CODE 4910-13-P