[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50734-50736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20894]
[[Page 50734]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0325; Product Identifier 2019-NM-038-AD; Amendment
39- 19739; AD 2019-19-03]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170 airplanes; 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. This AD was prompted by reports of the
ram air turbine (RAT) compartment door seal peeling off and tangling up
on the RAT rotor during flight test. This AD requires a general visual
inspection for peeling-off of the RAT compartment door seal, bonding if
necessary, and the rework of the RAT compartment door seal attachment.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective October 31, 2019.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 31,
2019.
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 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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0325.
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-
0325; 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 final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations is 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: 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:
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian AD
2019-02-02, dated February 28, 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; 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.
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-
0325.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Embraer S.A.
Model ERJ 170 airplanes; 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. The NPRM published in the Federal Register on May 29, 2019
(84 FR 24730). The NPRM was prompted by reports of the RAT compartment
door seal peeling off and tangling up on the RAT rotor during flight
test. The NPRM proposed to require a general visual inspection for
peeling-off of the RAT compartment door seal, bonding if necessary, and
the rework of the RAT compartment door seal attachment.
The FAA is issuing this AD to address the possible loss of the RAT
function, which, when associated with an emergency electrical event,
can result in the loss of airplane controllability. See the MCAI for
additional background information.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comments
received on the NPRM and the FAA's response to each comment. The Air
Line Pilots Association, International (ALPA) expressed support for the
NPRM.
Request To Extend Compliance Time
JetBlue Airways and SkyWest Airlines Inc. requested an extension of
the compliance time in paragraph (g)(1) of the proposed AD from 750
flight hours to 2,500 flight hours or 12 months. The commenters
asserted that the new interval would align with the scheduled
Maintenance Review Board tasks on the RAT, and that performing the AD
at the same time as scheduled tasks would decrease the logistical
burden of compliance.
The FAA disagrees with the commenters' request because the proposal
contains no justification to show that an acceptable level of safety
would be maintained. The FAA may, however, consider approving a longer
compliance time as an alternative method of compliance (AMOC) with
paragraph (g)(1) of this AD if sufficient substantiation is provided to
show an acceptable level of safety. This AD has not been changed in
this regard.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
Embraer S.A. has issued Service Bulletin SB170-53-0142, Revision
01, dated December 12, 2018; Service Bulletin SB190-53-0098, Revision
01, dated December 12, 2018; and Service Bulletin SB190LIN-53-0072,
Revision 01, dated January 9, 2019. This service information describes
procedures for an inspection of the RAT compartment door seal, bonding,
and rework of the RAT compartment door seal attachment, which includes
installing fasteners around the RAT door seal attachment. These
documents are distinct since they apply to different airplane models.
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.
[[Page 50735]]
Costs of Compliance
The FAA estimates that this AD affects 570 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions *
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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3 work-hours x $85 per hour = $255........................... $0 $255 $145,350
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* The FAA has received no definitive data that would enable the agency to provide a parts cost estimate for the
actions specified in this AD.
The FAA has received no definitive data that would enable the
agency to provide cost estimates for the on-condition actions specified
in this 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.
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 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
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) 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.
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 adding the following new airworthiness
directive (AD):
2019-19-03 Embraer S.A.: Amendment 39-19739; Docket No. FAA-2019-
0325; Product Identifier 2019-NM-038-AD.
(a) Effective Date
This AD is effective October 31, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. airplanes, identified in
paragraphs (c)(1) through (3) of this AD, certificated in any
category.
(1) 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, as identified in Embraer Service Bulletin SB170-53-0142,
Revision 01, dated December 12, 2018.
(2) Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes, as identified in
Embraer Service Bulletin SB190-53-0098, Revision 01, dated December
12, 2018.
(3) Model ERJ 190-100 ECJ airplanes, as identified in Embraer
Service Bulletin SB190LIN-53-0072, Revision 01, dated January 9,
2019.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of the ram air turbine (RAT)
compartment door seal peeling off and tangling up on the RAT rotor
during flight test. The FAA is issuing this AD to address the
possible loss of the RAT function, which, when associated with an
emergency electrical event, could result in the loss of airplane
controllability.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection and Rework
(1) For airplanes identified in paragraph (c)(1) of this AD:
Within 750 flight hours after the effective date of this AD, do a
general visual inspection of the RAT compartment door seal for
peeling-off conditions (disbonding), do all applicable bonding, and
rework the RAT compartment door seal attachment, in accordance with
the Accomplishment Instructions of the service information
identified in paragraph (c)(1) of this AD. Do all applicable bonding
before further flight.
(2) For airplanes identified in paragraph (c)(2) of this AD:
Within 750 flight hours after the effective date of this AD, do a
general visual inspection of the RAT compartment door seal for
peeling-off conditions (disbonding), do all applicable bonding, and
rework the RAT compartment door seal attachment, in accordance with
the Accomplishment Instructions of the service information
identified in paragraph (c)(2) of this AD. Do all applicable bonding
before further flight.
(3) For airplanes identified in paragraph (c)(3) of this AD:
Within 400 flight hours or 6 months after the effective date of this
AD, whichever occurs first, do a general visual inspection of the
RAT compartment door seal for peeling-off conditions (disbonding),
do all applicable bonding, and rework the RAT compartment door seal
attachment, in accordance with the Accomplishment Instructions of
the service information identified in paragraph (c)(3) of this AD.
Do all applicable bonding before further flight.
[[Page 50736]]
(h) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Embraer Service Bulletin 170-53-0142, dated
December 8, 2017; Embraer Service Bulletin 190-53-0098, dated
December 8, 2017; or Embraer Service Bulletin 190LIN-53-0072, dated
December 15, 2017; as applicable.
(i) 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 (j)(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
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.
(3) Required for Compliance (RC): Except as specified by
paragraphs (g) and (i)(2) of this AD: For service information that
contains steps that are labeled as RC, the provisions of paragraphs
(i)(3)(i) and (ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(j) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian AD 2019-02-02, dated February 28, 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-2019-0325.
(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) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (4) of this AD.
(k) 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.
(i) Embraer Service Bulletin SB170-53-0142, Revision 01, dated
December 12, 2018.
(ii) Embraer Service Bulletin SB190-53-0098, Revision 01, dated
December 12, 2018.
(iii) Embraer Service Bulletin 190LIN-53-0072, Revision 01,
dated January 9, 2019.
(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.
(4) 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.
(5) 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, email [email protected], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on September 16, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-20894 Filed 9-25-19; 8:45 am]
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