[Federal Register Volume 84, Number 126 (Monday, July 1, 2019)]
[Proposed Rules]
[Pages 31246-31249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13884]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0499; Product Identifier 2019-NM-088-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: The FAA proposes to supersede Airworthiness Directive (AD) 
2017-06-08, which applies to certain 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. AD 2017-06-08 requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate more restrictive airworthiness limitations. Since the FAA 
issued AD 2017-06-08, the agency determined that new or more 
restrictive airworthiness limitations are necessary. This proposed AD 
would require revising the existing maintenance or inspection program, 
as applicable, to incorporate new or more restrictive airworthiness 
limitations. This proposed AD would also add airplanes to the 
applicability. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by August 15, 
2019.

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--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, 2200 South 216th St., Des Moines, WA. For information 
on the availability of this material at the FAA, call 206-231-3195.

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-2019-
0499; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be

[[Page 31247]]

available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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-2019-0499; 
Product Identifier 2019-NM-088-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. The 
FAA will consider all comments received by the closing date and may 
amend this proposed AD based on those comments.
    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this proposed AD.

Discussion

    The FAA issued AD 2017-06-08, Amendment 39-18832 (82 FR 16725, 
April 6, 2017) (``AD 2017-06-08''), for certain 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. AD 2017-06-08 requires 
revising the maintenance or inspection program, as applicable, to 
incorporate more restrictive airworthiness limitations. AD 2017-06-08 
resulted from a determination that more restrictive airworthiness 
limitations are necessary. The FAA issued AD 2017-06-08 to address 
fatigue cracking of various principal structural elements (PSEs); such 
cracking could result in reduced structural integrity of the airplane. 
In addition, the FAA issued AD 2017-06-08 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. 
Furthermore, the FAA issued AD 2017-06-08 to address potential 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.

Actions Since AD 2017-06-08 Was Issued

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian AD 
2019-05-01, effective May 2, 2019 (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. 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 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 existing maintenance or inspection 
program, as applicable, to incorporate the airworthiness limitations in 
Appendix A--Airworthiness Limitations to the EMBRAER 170/175 
Maintenance Review Board Report, MRB-1621, Revision 14, dated September 
27, 2018; and Temporary Revision (TR) 14-1, dated November 13, 2018, to 
Part 4--Life-Limited Items, of Appendix A--Airworthiness Limitations; 
to the EMBRAER 170/175 Maintenance Review Board Report, MRB-1621, 
Revision 14, dated September 27, 2018.
    Appendix A--Airworthiness Limitations, to the EMBRAER 170/175 
Maintenance Review Board Report, MRB-1621, Revision 14, dated September 
27, 2018, 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-2019-
0499.

Related Service Information Under 1 CFR Part 51

    Embraer has issued Part 1--Certification Maintenance Requirements; 
Part 2--Airworthiness Limitation Inspections (ALI)--Structures; Part 
3--Fuel System Limitation Items; and Part 4--Life Limited Items; of 
Appendix A--Airworthiness Limitations; to the EMBRAER 170/175 
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated 
September 27, 2018. This service information describes airworthiness 
limitations.
    Embraer has also issued Temporary Revision (TR) 14-1, dated 
November 13, 2018, to Part 4--Life-Limited Items, of Appendix A--
Airworthiness Limitations; to the EMBRAER 170/175 MRBR, MRB-1621, 
Revision 14, dated September 27, 2018. This service information 
describes, in Table 1 of the life-limited items, a new part number 
associated with main landing gear (MLG) life-limited components.
    This proposed AD would also require Part 1--CMR; Part 2--ALI--
Structures; Part 3--FSL; and Part 4--LLI; of Appendix A--Airworthiness 
Limitations; of the EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated 
February 23, 2015, which the Director of the Federal Register approved 
for incorporation by reference on May 11, 2017 (82 FR 16725, April 6, 
2017).
    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

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is proposing this AD 
because the agency evaluated all the relevant information and 
determined the unsafe condition described previously is likely to exist 
or develop on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would retain all of the requirements of AD 2017-
06-08. This proposed AD would require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. This proposed AD would also add 
Model ERJ 170-200 LL airplanes to the applicability.
    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,

[[Page 31248]]

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.

Costs of Compliance

    The FAA estimates that this proposed AD affects 540 airplanes of 
U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:
    The actions that are required by AD 2017-06-08 and retained in this 
NPRM 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 2017-06-08 is $85 per product.
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
In the past, the FAA has estimated that this action takes 1 work-hour 
per airplane. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. Therefore, the FAA estimates the total cost per operator to 
be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is 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 proposed 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 and associated appliances to the 
Director of the System Oversight Division.

Regulatory Findings

    The FAA 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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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) 
2017-06-08, Amendment 39-18832 (82 FR 16725, April 6, 2017), and adding 
the following new AD:

Embraer S.A: Docket No. FAA-2019-0499; Product Identifier 2019-NM-
088-AD.

(a) Comments Due Date

    The FAA must receive comments by August 15, 2019.

(b) Affected ADs

    This AD replaces AD 2017-06-08, Amendment 39 18832 (82 FR 16725, 
April 6, 2017) (``AD 2017-06-08'').

(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, -
200 STD, and -200 LL airplanes; certificated in any category; 
manufacturer serial numbers 17000002, 17000004 through 17000013 
inclusive, and 17000015 through 17000761 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 new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking of various principal 
structural elements (PSEs); such cracking could result in reduced 
structural integrity of the airplane. The FAA is 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. The FAA is also issuing this AD to 
address potential 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 Revision of Maintenance or Inspection Program, With No 
Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2017-06-08, with no changes. For 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; manufacturer serial numbers 17000002, 
17000004 through 17000013 inclusive, and 17000015 through 17000453 
inclusive: Within 12 months after May 11, 2017 (the effective date 
of AD 2017-06-08), 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.

[[Page 31249]]

(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 2017-06-08, 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 CDCCLs may be used unless the actions, 
intervals, and 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 Requirement of This AD: Maintenance or Inspection Program 
Revision

    Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Part 1--Certification 
Maintenance Requirements; Part 2--Airworthiness Limitation 
Inspections (ALI)--Structures; Part 3--Fuel System Limitation Items; 
and Part 4--Life Limited Items; of Appendix A--Airworthiness 
Limitations; to the EMBRAER 170/175 Maintenance Review Board Report, 
MRB-1621, Revision 14, dated September 27, 2018 (``EMBRAER MRB-1621, 
Revision 14''); and EMBRAER Temporary Revision (TR) 14-1, dated 
November 13, 2018, to EMBRAER MRB-1621, Revision 14. The initial 
compliance time for doing the tasks are at the later of the times 
specified in paragraphs (i)(1) and (i)(2) of this AD. Accomplishing 
the revision required by this paragraph terminates the requirements 
of paragraph (g) of this AD.
    (1) Within the applicable times specified in EMBRAER MRB-1621, 
Revision 14. For the purposes of this AD, the initial compliance 
times identified as ''Threshold'' or ''T'' in EMBRAER MRB-1621, 
Revision 14 are expressed in ''total flight cycles.''
    (2) Within 90 days or 600 flight cycles after the effective date 
of this AD, whichever occurs later.

(j) No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been 
revised as 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

    (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 AD 2019-05-01, effective May 2, 2019, 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-2019-0499.
    (2) For more information about this AD, contact Krista Greer, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3221.
    (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 Standards Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195.

    Issued in Des Moines, Washington, on June 21, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-13884 Filed 6-28-19; 8:45 am]
 BILLING CODE 4910-13-P