[Federal Register Volume 85, Number 64 (Thursday, April 2, 2020)]
[Rules and Regulations]
[Pages 18435-18438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06793]


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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; Amendment 
39-19853; AD 2020-04-16]
RIN 2120-AA64


Airworthiness Directives; Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type Certificate Previously Held by 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 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model 
ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes. This AD was prompted by reports of structural cracks in the 
wing lower skin stringers on both half wings. This AD requires 
repetitive inspections for cracking and fuel leakage of the lower skin 
stringers on both half wings, and applicable related investigative and 
corrective actions, as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil National Civil Aviation Agency (ANAC) 
Brazilian AD, which is incorporated by reference. This AD also provides 
optional terminating action for the repetitive inspections. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective May 7, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 7, 2020.

ADDRESSES: For the ANAC material incorporated by reference (IBR) in 
this AD, contact National Civil Aviation Agency, Aeronautical Products 
Certification Branch (GGCP), Rua Laurent Martins, n[omicron]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.
    For the Embraer material incorporated by reference 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--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 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 https://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 https://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 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; email 
[email protected].

SUPPLEMENTARY INFORMATION:

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'') (also referred to 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, -100 SR, 
-200 STD, -200 LR, and -200 IGW airplanes. (Model ERJ 190-100 SR 
airplanes are not certified by the FAA and are not included on the U.S. 
type certificate data sheet; this AD therefore does not include those 
airplanes in the applicability.)
    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 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 
IGW airplanes. The NPRM published in the Federal Register on September 
30, 2019 (84 FR 51469). The NPRM was prompted by reports of structural 
cracks in the wing lower skin stringers on both half wings. The NPRM 
proposed to require repetitive inspections for cracking and fuel 
leakage of the lower skin stringers on both half wings, and applicable 
related investigative and corrective actions.
    The FAA is issuing this AD to address structural cracks in the wing 
lower skin, which could result in fuel leakage and reduced structural 
integrity of the wing. 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.

Request To Revise Applicability

    American Airlines (AA) stated that Brazilian AD 2019-06-01 failed 
to explain why airplane serial numbers (S/Ns) 19000040 through 19000077 
are affected and asked that the FAA explain why the proposed AD would 
affect those airplanes. AA stated that

[[Page 18436]]

according to Brazilian AD 2019-06-01, the damaged stringers were 
modified in accordance with related Brazilian AD 2008-01-02, effective 
February 25, 2008 (which corresponds to FAA AD 2009-06-11, Amendment 
39-15847 (74 FR 12233, March 24, 2009) (``AD 2009-06-11'')), Brazilian 
AD 2008-01-02 and FAA AD 2009-06-11 mandate Embraer Service Bulletin 
SB190-57-0005, Revision 01, dated October 27, 2006. AA added that that 
service information did not apply to AA airplanes, which were modified 
with an equivalent modification in production.
    The FAA does not agree to revise the applicability but provide the 
following clarification. FAA AD 2009-06-11 applies to airplanes having 
S/Ns 19000004, 19000006 through 19000028, and 19000030 through 
19000039, and requires doing the action specified in Embraer Service 
Bulletin SB190-57-0005, dated October 10, 2006. The FAA has determined 
that those actions do not adequately address the unsafe condition 
identified in this AD. Airplanes having S/Ns 19000029, and 19000040 
through 19000077, had a similar factory-installed modification that 
also does not adequately address the unsafe condition. This 
modification was installed on new airplanes until a redesigned lower 
wing skin panel was installed on airplanes having S/N 19000078 and 
subsequent. The airplanes identified in this AD have been modified by 
Embraer Service Bulletin SB190-57-0005 or the equivalent production 
modification. The AD has not been changed in regard to this issue.

Request To Clarify Instructions for Access for Inspection

    AA and JetBlue Airways asked for clarification of whether the 
access panels must be removed and the exposed area inspected. AA also 
asked that a panel number and a figure be identified to denote the 
exact areas to be inspected. JetBlue stated that removal of just the 
pylon fairings will not provide adequate access to the area requiring 
inspection, especially if the intent is to identify cracking before 
significant growth past the pylon attachment fitting. JetBlue asked 
whether the pylon itself must be dropped for access to the inspection 
area. The commenters are concerned that there is not enough information 
for mechanics to effectively do the inspection specified in the 
proposed AD.
    The FAA agrees that clarification is necessary. The area required 
to be inspected is accessible only if the engine pylon fairings are 
removed. The area between spar 1 and spar 2, and from rib 7 to rib 10, 
is both inside and outside of the engine pylon fairing. Figure 1 of 
Embraer Service Bulletin SB190-57-0005, dated October 10, 2006, shows 
the area affected. The pylon does not have to be removed for the 
inspection of the area; while the cracking typically originates at the 
wing stringer runout underneath the pylon lower link, a crack in that 
area would be identified by fuel leakage. The AD has not been changed 
in regard to this issue.

Request To Approve Terminating Action for the Repetitive Inspections

    AA, JetBlue, and Embraer asked for approval of a permanent repair 
as terminating action for the repetitive inspections specified in the 
proposed AD when one becomes available. AA asked that a permanent 
repair be developed or identified to allow for proper preparation for 
that repair by the operator if there are findings. AA stated that the 
estimated permanent repair downtime is almost 900 hours, and would 
significantly impact revenue if the repair is done at a non-maintenance 
station. AA added that if a permanent repair is developed, it would be 
reasonable to complete the repair, depending on the remaining lifecycle 
of the airplane. JetBlue referenced an Embraer Relevant Event 
Communication describing later service information that will include 
terminating action for the repetitive inspections. Embraer asked if the 
FAA would accept the repair identified in FAA AMOC letter AIR-676-18-
280 (FAA AD 2009-06-11), as terminating action for the repetitive 
inspections. Embraer also stated that it has issued Service Bulletin 
SB190-57-0056, dated December 5, 2019, which provides a terminating 
action for the repetitive inspections by specifying the installation of 
doublers to reinforce the forward and rear lower skin panels of the 
wing. The commenters are concerned with the operational impact of 
performing repetitive inspections and repairing damage.
    The FAA agrees with the requests to approve the terminating action 
specified in Embraer Service Bulletin SB190-57-0056, dated December 5, 
2019. The FAA has revised the SUMMARY to include optional terminating 
action for the repetitive inspections, explained this as a difference 
between this AD and Brazilian AD 2019-06-01 in the SUPPLEMENTARY 
INFORMATION, and included an optional terminating action in paragraph 
(h) of this AD.
    The FAA does not agree to reference the repair identified in AMOC 
AIR-676-18-280 as terminating action for the repetitive inspections in 
this AD. However, under the provisions of paragraph (j)(1) of this AD, 
the FAA will consider requests for approval of a repair which provides 
an acceptable level of safety. The AD has not been changed in this 
regard.

Request To Allow Ferry Flight

    JetBlue asked whether conducting an MX (maintenance) ferry flight 
of the airplane to a facility capable of accomplishing the repair is 
allowed if cracks are found in the inspection area and the crack damage 
must be repaired before further flight per the requirements in the 
proposed AD. JetBlue also asked what provisions Embraer, ANAC, and the 
FAA are prepared to provide if cracking is found during inspection at a 
facility capable of accomplishing the repair. JetBlue recommended that 
the proposed AD be revised to specify that corrective action must be 
done before the next ``revenue flight'' in lieu of before the next 
flight as specified in paragraphs (a)(1)(i) and (ii) of Brazilian AD 
2019-06-01, effective June 17, 2019, and as required by the proposed 
AD.
    We acknowledge the commenter's concern; however, this AD does not 
prohibit ferry flights because the ferry flight provisions of 14 CFR 
39.23 are implicitly included in the NPRM. Therefore, this AD has not 
been changed in regard to this issue.

Explanation of Change to Manufacturer's Name Specified in This Final 
Rule

    The FAA has revised references to the manufacturer's name specified 
throughout this final rule to identify the manufacturer name as 
published in the most recent type certificate data sheet for the 
affected models.

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 with the changes described previously 
and 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.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

[[Page 18437]]

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.
    Embraer issued Service Bulletin SB190-57-0056, dated December 5, 
2019, which describes procedures for installing doublers reinforcement 
on the wing forward and rear lower skin panel, which would eliminate 
the need for the repetitive inspections.
    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.

Difference Between This AD and the MCAI

    Brazilian AD 2019-06-01 does not include a terminating action for 
the repetitive inspections of the lower skin stringers on both half 
wings for cracking or fuel leakage; however, Embraer Service Bulletin 
SB190-57-0056, dated December 5, 2019 (which was issued after Brazilian 
AD 2019-06-01 was issued), does include a terminating action that the 
FAA considers will adequately address the unsafe condition. This 
difference has been coordinated with ANAC.

Costs of Compliance

    The FAA estimates that this AD affects 29 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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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
----------------------------------------------------------------------------------------------------------------
                Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 898 work-hours x $85 per hour = Up   Negligible........................  Up to $76,330.
 to $76,330.
----------------------------------------------------------------------------------------------------------------

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.

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):

2020-04-16 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
19853; Docket No. FAA-2019-0701; Product Identifier 2019-NM-107-AD.

(a) Effective Date

    This AD is effective May 7, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type Certificate Previously Held by 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,

[[Page 18438]]

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 paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, Brazilian AD 2019-06-01.

(h) Optional Terminating Action

    Accomplishing the installation of doublers reinforcement on the 
wing forward and rear lower skin panel, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin SB190-57-
0056, dated December 5, 2019, terminates the repetitive inspections 
required by this AD, as specified in Brazilian AD 2019-06-01.

(i) Exceptions to Brazilian AD 2019-06-01

    For purposes of determining compliance with the requirements of 
this AD:
    (1) 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 (i)(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.

(j) 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 (k) 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.

(k) Related Information

    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; email [email protected].

(l) 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) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
National Civil Aviation Agency (ANAC) Brazilian AD 2019-06-01, 
effective June 17, 2019.
    (ii) Embraer Service Bulletin SB190-57-0056, dated December 5, 
2019.
    (3) 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. For 
information about Embraer service information, 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.
    (4) You may view this 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. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0701.
    (5) You may view this material 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 25, 2020.
Lance T. Gant,
 Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-06793 Filed 4-1-20; 8:45 am]
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