[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42021-42024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16667]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 82, No. 171 / Wednesday, September 6, 2017 / 
Rules and Regulations  

[[Page 42021]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0008; Product Identifier 2013-NM-076-AD; Amendment 
39-18985; AD 2017-16-08]
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) 2012-23-09, 
which applied 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. AD 2012-23-09 required revising the maintenance program to 
incorporate certain modifications in airworthiness limitations. This 
new AD requires revising the maintenance or inspection program to 
incorporate certain modifications in the airworthiness limitations to 
include new inspection tasks and their respective thresholds and 
intervals. This AD was prompted by our determination that more 
restrictive maintenance requirements and airworthiness limitations are 
necessary. We are issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective October 11, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 11, 
2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of January 
14, 2013 (77 FR 73270, December 10, 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 Standards Branch, 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-
0008.

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 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 Section, Transport Standards Branch, 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 2012-23-09, Amendment 39-17265 (77 
FR 73270, December 10, 2012) (``AD 2012-23-09''). AD 2012-23-09 applied 
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 SNPRM published in the Federal Register on May 22, 2017 (82 FR 
23153) (``the SNPRM''). We preceded the SNPRM with a notice of proposed 
rulemaking (NPRM) that published in the Federal Register on February 3, 
2014 (79 FR 6106) (``the NPRM''). The NPRM was prompted by our 
determination that more restrictive maintenance requirements and 
airworthiness limitations are necessary. The NPRM proposed to require 
revising the maintenance or inspection program to incorporate 
modifications in the airworthiness limitations specified in the Embraer 
S.A. ERJ 190/195 MRBR to include new inspection tasks and their 
respective thresholds and intervals. The SNPRM proposed to revise the 
NPRM by adding a requirement to revise the maintenance or inspection 
program, as applicable, to incorporate new airworthiness limitations 
and by adding certain airplanes to the applicability. We are issuing 
this AD to detect and correct fatigue cracking of structural 
components, which could result in reduced structural integrity 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 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 
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 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.

Comments

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

[[Page 42022]]

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor 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 the following service information 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.
     Appendix A, Airworthiness Limitations (AL), of the EMBRAER 
ERJ 190/195 Maintenance Review Board Report (MRBR), MRB-1928, Revision 
9, dated August 14, 2015. This service information describes 
certification maintenance requirements, airworthiness limitation 
inspections for structures, fuel system limitation items, and life 
limited items, which make up the airworthiness limitations in the MRBR.
     EMBRAER MRB--Temporary Revision 9-1, dated October 27, 
2015, which provides revised airworthiness limitation inspections and 
life-limited items due to new structural provisions for Live TV and 
Connectivity System.
     EMBRAER MRB--Temporary Revision 9-3, dated October 27, 
2015, which updates the life limitations of certain main landing gear 
and nose landing gear components.
    Embraer S.A. has also issued the following service information for 
Model ERJ 190-100 ECJ airplanes.
     Appendix A, Airworthiness Limitations (AL), of the EMBRAER 
Lineage 1000/1000E Maintenance Planning Guide (MPG), MPG-2928, Revision 
4, dated July 14, 2014. This service information describes 
certification maintenance requirements, airworthiness limitation 
inspections for structures, fuel system limitation items, and life-
limited items, which make up the airworthiness limitations in the MPG.
     EMBRAER MPG--Temporary Revision 4-2, dated February 13, 
2015, which describes detailed inspections for the upper doubler at the 
forward passenger door cutout.
     EMBRAER MPG--Temporary Revision 4-3, dated October 30, 
2015, which updates the life limitations of certain main landing gear 
and nose landing gear 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.

Costs of Compliance

    We estimate that this AD affects 83 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Revision (retained actions from AD      1 work-hour x $85 per                 $0             $85          $7,055
 2012-23-09).                            hour = $85.
Revision to include MPG-2928, Revision  1 work-hour x $85 per                  0              85           7,055
 4, and temporary revisions (new         hour = $85.
 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.
    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 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

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 AD:

2017-16-08 Embraer S.A.: Amendment 39-18985; Docket No. FAA-2014-
0008; Product Identifier 2013-NM-076-AD.

[[Page 42023]]

(a) Effective Date

    This AD is effective October 11, 2017.

(b) Affected ADs

    This AD replaces 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 (AL), of the 
EMBRAER 190/195 Maintenance Review Board Report, MRB-1928, Revision 
9, dated August 14, 2015 (``MRB-1928, Revision 9''); EMBRAER MRB--TR 
9-1, dated October 27, 2015, to Part 2--Airworthiness Limitation 
Inspections--Structures, and Part 4--Life Limited Items, of Appendix 
A, Airworthiness Limitations (AL), of MRB-1928, Revision 9; and 
EMBRAER MRB--TR 9-3, dated October 27, 2015, to Part 2--
Airworthiness Limitation Inspections--Structures, of Appendix A, 
Airworthiness Limitations (AL), 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 MRB--TR 9-1, dated October 27, 2015, to Part 2--
Airworthiness Limitation Inspections--Structures, and Part 4--Life 
Limited Items, of Appendix A, Airworthiness Limitations (AL), of 
MRB-1928, Revision 9; and EMBRAER MRB--TR 9-3, dated October 27, 
2015, to Part 2--Airworthiness Limitation Inspections--Structures, 
of Appendix A, Airworthiness Limitations (AL), 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 Lineage 1000/1000E Maintenance Planning 
Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER MPG--TR 4-
2, dated February 13, 2015; and EMBRAER MPG--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 (AL), of the EMBRAER Lineage 1000/1000E Maintenance 
Planning Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER 
MPG--TR 4-2, dated February 13, 2015; and EMBRAER MPG--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 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 Section, Transport Standards Branch, 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 Section, 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 Section, Transport Standards 
Branch, 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

[[Page 42024]]

AD 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 Section, Transport 
Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1622; fax 425-227-1320.

(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 
October 11, 2017.
    (i) Appendix A, Airworthiness Limitations (AL), of the EMBRAER 
ERJ 190/195 Maintenance Review Board Report, MRB-1928, Revision 9, 
dated August 14, 2015.
    (ii) Appendix A, Airworthiness Limitations (AL), of the EMBRAER 
Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 4, 
dated July 14, 2014.
    (iii) EMBRAER MPG--Temporary Revision 4-2, dated February 13, 
2015.
    (iv) EMBRAER MPG--Temporary Revision 4-3, dated October 30, 
2015.
    (v) EMBRAER MRB--Temporary Revision 9-1, dated October 27, 2015.
    (vi) EMBRAER MRB--Temporary Revision 9-3, dated October 27, 
2015.
    (4) The following service information was approved for IBR on 
January 14, 2013 (77 FR 73270, December 10, 2012).
    (i) 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.
    (ii) Appendix A, Airworthiness Limitation (AL), of the EMBRAER 
190 Maintenance Review Board Report, MRB-1928, Revision 5, 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 
Standards Branch, 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 July 28, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-16667 Filed 9-5-17; 8:45 am]
 BILLING CODE 4910-13-P