[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Proposed Rules]
[Pages 51469-51471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20829]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0701; Product Identifier 2019-NM-107-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 adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200
STD, -200 LR, and -200 IGW airplanes. This proposed AD was prompted by
reports of structural cracks in the wing lower skin stringers on both
half wings. This proposed AD would require repetitive inspections of
the lower skin stringers on both half wings for cracking or fuel
leakage, and applicable related investigative and corrective actions,
as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) Brazilian AD, which will be incorporated by reference. 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 November
14, 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 the material identified in this proposed AD that will be
incorporated by reference (IBR), contact National Civil Aviation
Agency, Aeronautical Products Certification Branch (GGCP), Rua Laurent
Martins, n[deg] 209, Jardim Esplanada, CEP 12242-431--S[atilde]o
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email
[email protected]; internet www.anac.gov.br/en/. You may find this IBR
material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this IBR material 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 in the AD docket on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0701.
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-
0701; 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 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-2019-0701;
Product Identifier 2019-NM-107-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
[[Page 51470]]
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 NPRM.
Discussion
The ANAC, which is the aviation authority for Brazil, has issued
Brazilian AD 2019-06-01, effective June 17, 2019 (``Brazilian AD 2019-
06-01'') (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 190-100 STD, -100 LR, -100
IGW, -200 STD, -200 LR, and -200 IGW airplanes. The MCAI states:
It has been found the occurrence of structural cracks in the
wing lower skin stringers between ribs 7 and 10 on both half wings.
The cracks propagation on these wing lower skin stringers may result
in fuel leakage and reduced wing structural integrity.
Since this condition may occur in other airplanes of the same
type and affects flight safety, [related investigative and] a
corrective action is required. Thus, sufficient reason exists to
request compliance with this [Brazilian] AD in the indicated time
limit.
Related IBR Material Under 1 CFR Part 51
Brazilian AD 2019-06-01 describes procedures for repetitive
detailed inspections of the lower skin stringers on both half wings for
cracking or fuel leakage, and applicable related investigative and
corrective actions. Related investigative actions include a high
frequency eddy current (HFEC) inspection of any area with crack
indications to confirm the damage extension. Corrective actions include
repairs. This material 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 a bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
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 in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in Brazilian AD 2019-06-01 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and the European Aviation
Safety Agency (EASA) to develop a process to use certain EASA ADs as
the primary source of information for compliance with requirements for
corresponding FAA ADs. The FAA has since coordinated with other
manufacturers and civil aviation authorities (CAAs) to use this
process. As a result, Brazilian AD 2019-06-01 would be incorporated by
reference in the FAA final rule. This proposed AD would, therefore,
require compliance with Brazilian AD 2019-06-01 in its entirety,
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this proposed AD. Service
information specified in Brazilian AD 2019-06-01 that is required for
compliance with Brazilian AD 2019-06-01 will be available on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0701 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 29 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed 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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12 work-hours x $85 per hour = $1,020........................ $0 $1,020 $29,580
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The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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Up to 898 work-hours x $85 per hour = Up Negligible........................ Up to $76,330.
to $76,330.
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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
[[Page 51471]]
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 adding the following new airworthiness
directive (AD):
Embraer S.A: Docket No. FAA-2019-0701; Product Identifier 2019-NM-
107-AD.
(a) Comments Due Date
The FAA must receive comments by November 14, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR,
-100 IGW, -200 STD, -200 LR, and -200 IGW airplanes, certificated in
any category, as identified in Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Brazilian AD 2019-06-01,
effective June 17, 2019 (``Brazilian AD 2019-06-01'').
(d) Subject
Air Transport Association (ATA) of America Code 57, Wings.
(e) Reason
This AD was prompted by reports of structural cracks in the wing
lower skin stringers on both half wings. The FAA is issuing this AD
to address such cracking, which could result in fuel leakage and
reduced structural integrity of the wing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, Brazilian AD 2019-06-01.
(h) Exceptions to Brazilian AD 2019-06-01
(1) For purposes of determining compliance with the requirements
of this AD: Where Brazilian AD 2019-06-01 refers to its effective
date, this AD requires using the effective date of this AD.
(2) The ``Alternative method of compliance (AMOC)'' section of
Brazilian AD 2019-06-01 does not apply to this AD.
(3) Where paragraph (a)(1) of Brazilian AD 2019-06-01 specifies
an initial inspection time, this AD requires an initial inspection
at the applicable time specified in paragraph (h)(3)(i) or (ii) of
this AD, whichever occurs later.
(i) Before the accumulation of 17,000 total flight cycles or
27,000 total flight hours, whichever occurs first.
(ii) Within 680 flight cycles or 900 flight hours after the
effective date of this AD, whichever occurs first.
(4) Where paragraph (a)(1)(ii) of Brazilian AD 2019-06-01
specifies to do a special detailed inspection (SDI) in case of any
``signal'' of cracks, this AD requires doing an SDI before further
flight after the detection of any ``sign'' of structural cracks in
the inspected area.
(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 instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.
(j) Related Information
(1) For information about Brazilian AD 2019-06-01, contact
National Civil Aviation Agency, Aeronautical Products Certification
Branch (GGCP), Rua Laurent Martins, n[deg] 209, Jardim Esplanada,
CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil;
telephone 55 (12) 3203-6600; email [email protected]; internet
www.anac.gov.br/en/. You may find this IBR material on the ANAC
website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You
may view this Brazilian AD 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.
Brazilian AD 2019-06-01 may be found in the AD docket on the
internet at http://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0701.
(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.
Issued in Des Moines, Washington, on September 16, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-20829 Filed 9-27-19; 8:45 am]
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