[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Proposed Rules]
[Pages 32658-32661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14795]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0697; Directorate Identifier 2017-NM-041-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 170 airplanes and Model ERJ 190-100 STD, 
-100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD 
requires repetitive detailed inspections of the web aft face of the 
forward pressure bulkhead for any cracking and discrepancy; and 
modification of the forward pressure bulkhead, which would terminate 
the repetitive inspections. This AD was prompted by an evaluation by 
the design approval holder (DAH) indicating that the forward bulkhead 
is subject to widespread fatigue damage (WFD). We are proposing this AD 
to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 31, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Embraer 
S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria 
Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brazil; 
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-2017-
0697; 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 proposed 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: 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 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0697; 
Directorate Identifier 2017-NM-041-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    Fatigue damage can occur locally, in small areas or structural 
design details, or globally, in widespread areas. Multiple-site damage 
is widespread damage that occurs in a large structural element such as 
a single rivet line of a lap splice joining two large skin panels. 
Widespread damage can also occur in multiple elements such as adjacent 
frames or stringers. Multiple-site damage and multiple-element damage 
cracks are typically too small initially to be reliably detected with 
normal inspection methods. Without intervention, these cracks will 
grow, and eventually compromise the structural integrity of the 
airplane. This condition is known as widespread fatigue damage. It is 
associated with general degradation of large areas of structure with 
similar structural details and stress levels. As an airplane ages, WFD 
will likely occur, and will certainly occur if the airplane is operated 
long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became 
effective on January 14, 2011. The WFD

[[Page 32659]]

rule requires certain actions to prevent structural failure due to WFD 
throughout the operational life of certain existing transport category 
airplanes and all of these airplanes that will be certificated in the 
future. For existing and future airplanes subject to the WFD rule, the 
rule requires that DAHs establish a limit of validity (LOV) of the 
engineering data that support the structural maintenance program. 
Operators affected by the WFD rule may not fly an airplane beyond its 
LOV, unless an extended LOV is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require 
identifying and developing maintenance actions if the DAHs can show 
that such actions are not necessary to prevent WFD before the airplane 
reaches the LOV. Many LOVs, however, do depend on accomplishment of 
future maintenance actions. As stated in the WFD rule, any maintenance 
actions necessary to reach the LOV will be mandated by airworthiness 
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to 
propose LOVs that allow operators the longest operational lives for 
their airplanes, and still ensure that WFD will not occur. This 
approach allows for an implementation strategy that provides 
flexibility to DAHs in determining the timing of service information 
development (with FAA approval), while providing operators with 
certainty regarding the LOV applicable to their airplanes.
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2017-03-01, dated March 24, 2017 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Embraer S.A. 
Model ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 IGW, -
200 STD, -200 LR, and -200 IGW airplanes. The MCAI states:

    This [Brazilian] AD was prompted by an evaluation by the design 
approval holder indicating that the forward pressure bulkhead is 
subject to widespread fatigue damage. The modification required by 
this AD is intended to support the airplane reaching its limit of 
validity (LOV) of the engineering data that support the established 
structural maintenance program. We are issuing this [Brazilian] AD 
to prevent fatigue cracking of the forward pressure bulkhead, which 
could result in reduced structural integrity of the airplane.

    Required actions include repetitive detailed inspections of the web 
aft face of the forward pressure bulkhead for any cracking and 
discrepancy (i.e., corrosion, dents, gauge marks, fastener anomalies); 
repair if necessary; and modification of the forward pressure bulkhead, 
which would terminate the repetitive inspections. 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-2017-0697.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Embraer S.A. service information, which 
describes an airworthiness limitation task for a detailed inspection of 
the web aft face of the forward pressure bulkhead for any cracking or 
discrepancies. These documents are distinct since they apply to 
different airplane models.
     Task 53-10-001-0005 of Embraer 170/175 Maintenance Review 
Board Report, MRB-1621, Temporary Revision 12-3, dated September 19, 
2016.
     Task 53-10-001-0005 of Embraer 190/195 Maintenance Review 
Board Report, MRB-1928, Temporary Revision 10-4, dated September 19, 
2016.
    We also reviewed the following Embraer S.A. service information, 
which describes procedures for modifying the forward pressure bulkhead. 
These documents are distinct since they apply to different airplane 
models.
     Embraer Service Bulletin 170-53-0051, Revision 03, dated 
August 21, 2013.
     Embraer Service Bulletin 190-53-0019, Revision 03, dated 
August 21, 2013.
    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.

FAA's Determination and Requirements of This Proposed AD

    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 proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 482 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Cost on U.S.
            Action                    Labor cost             Parts cost       Cost per product      operators
----------------------------------------------------------------------------------------------------------------
Inspection....................  1 work-hour x $85 per  $0...................  $85 per           $40,970 per
                                 hour = $85 per                                inspection        inspection
                                 inspection cycle.                             cycle.            cycle.
Modification..................  158 work-hours x $85   Up to $13,409........  $26,839.........  $12,936,398.
                                 per hour = $13,430.
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    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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

[[Page 32660]]

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;
    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 adding the following new airworthiness 
directive (AD):

Embraer S.A.: Docket No. FAA-2017-0697; Directorate Identifier 2017-
NM-041-AD.

(a) Comments Due Date

    We must receive comments by August 31, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) 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; as identified in Embraer Service Bulletin 170-53-0051, 
Revision 03, dated August 21, 2013.
    (2) 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; as identified in Embraer Service Bulletin 190-53-0019, 
Revision 03, dated August 21, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by an evaluation by the design approval 
holder indicating that the forward bulkhead is subject to widespread 
fatigue damage. We are issuing this AD to prevent fatigue cracking 
of the forward pressure bulkhead, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

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

(g) Repetitive Inspections and Repairs

    Before the accumulation of 25,954 total flight cycles, or within 
3,600 flight cycles after the effective date of this AD, whichever 
occurs later: Do a detailed inspection of the web aft face of the 
forward pressure bulkhead for any cracking or discrepancy (i.e., 
corrosion, dents, gauge marks, fastener anomalies), in accordance 
with Task 53-10-001-0005 of Embraer 170/175 Maintenance Review Board 
Report, MRB-1621, Temporary Revision 12-3, dated September 19, 2016; 
or Task 53-10-001-0005 of Embraer 190/195 Maintenance Review Board 
Report, MRB-1928, Temporary Revision 10-4, dated September 19, 2016; 
as applicable. Repeat the inspection thereafter at intervals not to 
exceed 6,489 flight cycles. If any cracking or discrepancy is found 
during any inspection required by this paragraph, before further 
flight, repair the forward pressure bulkhead 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.

(h) Modification of the Forward Pressure Bulkhead

    Before the accumulation of 38,931 total flight cycles: Modify 
the forward pressure bulkhead, in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 170-53-0051, Revision 03, 
dated August 21, 2013; or Embraer Service Bulletin 190-53-0019, 
Revision 03, dated August 21, 2013; as applicable. Accomplishing the 
modification required by this paragraph terminates the requirements 
of paragraph (g) of this AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions applicable to 
Model ERJ 170 airplanes required by paragraph (h) of this AD, if 
those actions were performed before the effective date of this AD, 
using the service information specified in paragraphs (i)(1)(i), 
(i)(1)(ii), or (i)(1)(iii) of this AD.
    (i) Embraer Service Bulletin 170-53-0051, dated February 26, 
2010.
    (ii) Embraer Service Bulletin 170-53-0051, Revision 01, dated 
May 25, 2011.
    (iii) Embraer Service Bulletin 170-53-0051, Revision 02, May 28, 
2012.
    (2) This paragraph provides credit for actions applicable to 
Model ERJ 190 airplanes required by paragraph (h) of this AD, if 
those actions were performed before the effective date of this AD, 
using the service information specified in paragraphs (i)(2)(i), 
(i)(2)(ii), or (i)(2)(iii) of this AD.
    (i) Embraer Service Bulletin 190-53-0019, dated February 26, 
2010.
    (ii) Embraer Service Bulletin 190-53-0019, Revision 01, dated 
May 25, 2011.
    (iii) Embraer Service Bulletin 190-53-0019, Revision 02, dated 
May 28, 2012.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 manager of the 
International Branch, send it to the attention of the person 
identified in paragraph (k)(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: 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.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian AD 2017-03-01, dated March 24, 2017, 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-2017-0697.
    (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 425-227-1149.
    (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.


[[Page 32661]]


    Issued in Renton, Washington, on July 6, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-14795 Filed 7-14-17; 8:45 am]
BILLING CODE 4910-13-P