[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77493-77497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27404]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0979; Project Identifier MCAI-2022-00171-T; 
Amendment 39-22263; AD 2022-25-07]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. (Type Certificate 
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
S.A.; Embraer S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-25-
16, which applied 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, 
-200 STD, and -200 LL airplanes. AD 2019-25-16 required revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. This AD 
was prompted by the determination that new or more restrictive 
airworthiness limitations are necessary. This AD continues to require 
the actions in AD 2019-25-16 and requires revising the existing 
maintenance or inspection program, as applicable, to incorporate 
additional new or more restrictive airworthiness limitations and 
certain structural modifications, as specified in an Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is 
incorporated by reference. The FAA is issuing this AD

[[Page 77494]]

to address the unsafe condition on these products.

DATES: This AD is effective January 23, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 23, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
February 10, 2020 (85 FR 453, January 6, 2020).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0979; 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 mandatory continuing airworthiness 
information (MCAI), 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.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact 
ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr. 
Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--
Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-
6600; email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this 
material on the ANAC website at sistemas.anac.gov.br/certificacao/DA/
DAE.asp.
     For Embraer 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 
flyembraer.com.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety 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 at 
regulations.gov under Docket No. FAA-2022-0979.

FOR FURTHER INFORMATION CONTACT: Allison Buss, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 303-342-1090; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-25-16, Amendment 39-21015 (85 FR 453, 
January 6, 2020) (AD 2019-25-16). AD 2019-25-16 applied 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, -200 STD, and 200 LL 
airplanes. AD 2019-25-16 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations; and added airplanes to the 
applicability. The FAA issued AD 2019-25-16 to address fatigue cracking 
of various principal structural elements (PSEs); such cracking could 
result in reduced structural integrity of the airplane and 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 2019-25-16 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.
    The NPRM published in the Federal Register on July 28, 2022 (87 FR 
45284). The NPRM was prompted by AD 2022-02-01, effective February 9, 
2022, issued by ANAC (referred to after this as the MCAI) (ANAC AD 
2022-02-01). The MCAI states that it was prompted by a determination 
that new or more restrictive airworthiness limitations are necessary.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0979.
    In the NPRM, the FAA proposed to continue to require revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations and 
certain structural modifications, as specified in ANAC AD 2022-02-01. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Horizon Air. The following presents 
the comment received on the NPRM and the FAA's response.

Request To Update the Required Service Information

    Horizon Air requested that the Embraer 170/175 Maintenance Review 
Board Report, MRB 1621, Revision 17, dated July 01, 2021, referenced in 
ANAC AD 2022-02-01, be updated to Embraer 170/175 Maintenance Review 
Board Report, MRB 1621, Revision 18, dated July 4, 2022.
    The FAA confirms that it intends to allow the use of applicable 
later MRB revisions to comply with the requirements of this AD. This AD 
refers to ANAC AD 2022-02-01 as the appropriate source of service 
information for accomplishing the required actions. Paragraph (f) of 
ANAC AD 2022-02-01 accepts the use of later approved revisions of the 
referenced MRB document for compliance. Therefore, applicable later 
approved MRB revisions are acceptable for compliance with this AD. No 
change to the AD is required.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comment received, and determined that air safety requires adopting this 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-02-01 describes new or more restrictive airworthiness 
limitations for airplane structures and the incorporation of certain 
structural modifications (i.e., reinforcement of left-hand (LH) and 
right-hand (RH) wing spar II lower; and reinforcement of the wing lower 
skin chordwise splices of LH and RH wing) before the defined structural 
modifications points (SMP).
    This AD also requires Appendix A--Airworthiness Limitations of 
EMBRAER

[[Page 77495]]

170/175 Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, 
dated September 27, 2018; and Embraer Temporary Revision (TR) 14-1, 
dated November 13, 2018, to Part 4-Life-Limited Items, of Appendix A of 
EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB-1621, 
Revision 14, dated September 27, 2018; which the Director of the 
Federal Register approved for incorporation by reference as of February 
10, 2020 (85 FR 453).
    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.

Costs of Compliance

    The FAA estimates that this AD affects 662 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-25-16 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing 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. 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.
    The FAA estimates the total cost per operator for the new revision 
to the existing maintenance or inspection program to be $7,650 (90 
work-hours x $85 per work-hour).

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
New proposed actions................  196 work-hours x $85            $98,860         $115,520      $76,474,240
                                       per hour = $16,660.
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* Table does not include estimated costs for revising the existing maintenance or inspection program.

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. As a result, the FAA has included all known costs 
in the cost estimate.

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.

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:
0
a. Removing Airworthiness Directive 2019-25-16, Amendment 39-21015 (85 
FR 453, January 6, 2020); and
0
b. Adding the following new airworthiness directive:

2022-25-07 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.): Amendment 39-22263; Docket No. FAA-2022-0979; Project 
Identifier MCAI-2022-00171-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 23, 2023.

(b) Affected ADs

    This AD replaces AD 2019-25-16, Amendment 39-21015 (85 FR 453, 
January 6, 2020) (AD 2019-25-16).

(c) Applicability

    This AD applies to all 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.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 27, Flight controls; 28, Fuel; 52, Doors; 53, 
Fuselage; 54, Nacelles/pylons; 55, Stabilizers; 57, Wings; 71, 
Powerplant; and 78, Exhaust.

(e) Unsafe Condition

    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 address 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 is 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.

[[Page 77496]]

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2019-25-16, 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, -
200 STD, and -200LL airplanes; manufacturer serial numbers 17000002, 
17000004 through 17000013 inclusive, and 17000015 through 17000761 
inclusive: Within 90 days after February 10, 2020 (the effective 
date of AD 2019-25-16), 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; and EMBRAER 
Temporary Revision (TR) 14-1, dated November 13, 2018, to part 4-
Life Limited Items; of Appendix A of the EMBRAER 170/175 MRBR, MRB-
1621, Revision 14, dated September 27, 2018 (EMBRAER 170/175 MRB-
1621, Revision 14). The initial compliance time for doing the tasks 
is at the later of the times specified in paragraphs (g)(1) and (2) 
of this AD.
    (1) Within the applicable times specified in EMBRAER 170/175 
MRB-1621, Revision 14. For the purposes of this AD, the initial 
compliance times (identified as ``Threshold'' or ``T'' in EMBRAER 
170/175 MRB-1621, Revision 14) are expressed in ``total flight 
cycles'' or ``total flight hours,'' as applicable.
    (2) Within 90 days or 600 flight cycles after February 10, 2020 
(the effective date of AD 2019-25-16), whichever occurs later.

(h) Retained Restrictions on Alternative Actions, Intervals, and 
CDCCLs, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2019-25-16, with no changes. Except as required by paragraph (i) of 
this AD: After the existing maintenance or inspection program has 
been revised as required by paragraph (g) 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 (l)(1) of this 
AD.

(i) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, ANAC AD 2022-02-01, effective February 9, 2022 
(ANAC AD 2022-02-01). Accomplishing the revision of the existing 
maintenance or inspection program required by this paragraph 
terminates the requirements for Part 2--Airworthiness Limitation 
Inspections (ALI)-Structures specified in paragraph (g) of this AD 
only.

(j) Exceptions to ANAC AD 2022-02-01

    (1) Where ANAC AD 2022-02-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of 
ANAC AD 2022-02-01 does not apply to this AD.
    (3) Where paragraph (b)(1) of ANAC AD 2022-02-01 specifies 
incorporating all airworthiness limitations in Part 2 of the service 
information specified in paragraph (b)(1) of ANAC AD 2022-02-01, for 
this AD, do not incorporate the threshold and interval for 
maintenance review board report (MRBR) task number 57-30-002-0002, 
``Enhanced Wingtip to Wing Spar Attachments--Internal.''

    Note 1 to paragraph (j)(3):  AD 2022-11-51, Amendment 39-22074 
(87 FR 33623, June 3, 2022) (AD 2022-11-51), requires, among other 
actions, incorporating alternate thresholds and intervals for MRBR 
task number 57-30-002-0002. The airplanes affected by MRBR task 
number 57-30-002-0002 are identified in paragraph (c) of AD 2022-11-
51.

(k) New Provisions for Alternative Actions and Intervals

    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, and CDCCLs are allowed 
unless they are approved as specified in paragraph (f) of ANAC AD 
2022-02-01.

(l) Additional FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (m) of this 
AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2019-25-16 are approved as 
AMOCs for the corresponding provisions of paragraph (g) of this AD.
    (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, Large Aircraft 
Section, International Validation Branch, FAA; or 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 required by 
paragraph (l)(2) of this AD, if any service information referenced 
in ANAC AD 2022-02-01 contains steps in the Accomplishment 
Instructions or figures that are labeled as RC, the instructions in 
RC steps, including subparagraphs under an RC step and any figures 
identified in an RC step, must be done to comply with this AD; any 
steps including substeps under those steps, that are not identified 
as RC are recommended. The instructions in steps, including substeps 
under those steps, not identified 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 instructions identified as RC can be done and the airplane can 
be put back in an airworthy condition. Any substitutions or changes 
to instructions identified as RC require approval of an AMOC. If a 
step or substep is labeled ``RC Exempt,'' then the RC requirement is 
removed from that step or substep.

(m) Additional Information

    For more information about this AD, contact Allison Buss, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 303-342-1090; email [email protected].

(n) 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 (ANAC) 
AD 2022-02-01, effective February 9, 2022.
    (ii) [Reserved]
    (3) The following service information was approved for IBR on 
February 10, 2020 (85 FR 453, January 6, 2020).
    (i) Appendix A--Airworthiness Limitations of EMBRAER 170/175 
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated 
September 27, 2018.
    (ii) Embraer Temporary Revision (TR) 14-1, dated November 13, 
2018, to Part 4-Life-Limited Items, of Appendix A of EMBRAER 170/175 
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated 
September 27, 2018.
    (4) For ANAC AD 2022-02-01, contact ANAC, Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email 
anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD 
on the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (5) For Embraer material, 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;

[[Page 77497]]

email [email protected]; internet flyembraer.com.
    (6) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (7) 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 29, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27404 Filed 12-16-22; 8:45 am]
BILLING CODE 4910-13-P