[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Proposed Rules]
[Pages 55956-55959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16898]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1635; Project Identifier MCAI-2022-01579-T]
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), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all 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 
a determination that new or more restrictive airworthiness limitations 
are necessary and a determination by the design approval holder (DAH) 
that some structural elements are subject to widespread fatigue damage 
(WFD). This proposed AD would require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, and for certain airplanes would 
require a structural modification of the wing lower skin panels, as 
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD, which is proposed for incorporation by reference (IBR). 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 October 2, 
2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1635; 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 mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for IBR in this NPRM, 
contact National Civil Aviation Agency (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: sistemas.anac.gov.br/certificacao/DA/DAE.asp. It is 
also available at regulations.gov under Docket No. FAA-2023-1635.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th Street, Des Moines, WA. For information on the availability of 
this material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 817-222-5366; email [email protected].

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 ADDRESSES. Include ``Docket No. FAA-2023-1635; Project Identifier 
MCAI-2022-01579-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Joshua Bragg, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 216-316-6418; email 
[email protected]. Any commentary that the FAA receives which is 
not specifically designated as

[[Page 55957]]

CBI will be placed in the public docket for this rulemaking.

Background

    ANAC, which is the aviation authority for Brazil, has issued ANAC 
AD 2022-12-01, effective December 14, 2022 (ANAC AD 2022-12-01) (also 
referred to as the MCAI), to correct an unsafe condition for all 
Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 
LR, and -200 IGW airplanes. Model ERJ 190-100 SR airplanes are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this proposed AD therefore does not include 
those airplanes in the applicability. The MCAI states that new or more 
restrictive airworthiness limitations have been developed to address 
structural fatigue. Additionally, an evaluation by the DAH indicated 
that some structural elements, particularly the wing lower skin 
stringers, are subject to WFD. A modification is needed before the wing 
lower skin panel reaches its structural modification point (SMP), and 
inspections are needed to preclude WFD. ANAC AD 2022-12-01 specifies 
that it requires a modification of the wing lower skin panels that 
terminates the repetitive inspections required by ANAC AD 2019-06-01 
(which corresponds to FAA AD 2020-04-16, Amendment 39-19853 (85 FR 
18435, dated April 2, 2020) (AD 2020-04-16). Accomplishment of the 
proposed modification specified in this proposed AD would therefore 
terminate the repetitive inspections required by paragraph (g) of AD 
2020-04-16, for the airplanes identified in paragraph (a)(2) of ANAC AD 
2022-12-01 only.
    The FAA is proposing this AD to address cracking in principle 
structural elements. The unsafe condition, if not addressed, could 
result in reduced structural integrity of the airplane. See the MCAI 
for additional background information.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1635.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-12-01 describes new or more restrictive airworthiness 
limitations for airplane structures. For certain airplanes, ANAC AD 
2022-12-01 specifies procedures for the incorporation of a certain 
structural modification (i.e., reinforcement of left-hand (LH) and 
right-hand (RH) wing lower skin panels). 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 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 
the FAA's bilateral agreement with the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in ANAC AD 
2022-12-01 described previously, as incorporated by reference. Any 
differences with ANAC AD 2022-12-01 are identified as exceptions in the 
regulatory text of this proposed AD. This proposed AD would also 
require a structural modification of the wing lower skin panels.
    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, 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 (AMOC) according to 
paragraph (k)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate ANAC AD 2022-12-01 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
ANAC AD 2022-12-01 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Service information required by ANAC AD 2022-12-01 
for compliance will be available at regulations.gov under Docket No. 
FAA-2023-1635 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that 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 the AMOC paragraph under ``Additional AD 
Provisions.'' This new format includes a ``New Provisions for 
Alternative Actions, Intervals, and CDCCLs'' paragraph that does not 
specifically refer to AMOCs, but operators may still request an AMOC to 
use an alternative action, interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 33 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:
    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

[[Page 55958]]

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
               Labor cost                        Parts cost              product        Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 569 work-hours x $85 per hour =    Up to $280,825............        $329,190   Up to $10,863,270.
 $48,365.
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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.

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

Embraer S.A. (Type Certificate Previously Held by Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.): Docket No. 
FAA-2023-1635; Project Identifier MCAI-2022-01579-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 2, 2023.

(b) Affected ADs

    This AD affects AD 2020-04-16, Amendment 39-19853 (85 FR 18435, 
April 2, 2020) (AD 2020-04-16).

(c) Applicability

    This AD applies to all Embraer S.A. (Type Certificate previously 
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; 
Embraer S.A.) Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -
200 LR, and -200 IGW airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 57, Wings.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary and a 
determination by the design approval holder (DAH) that some 
structural elements are subject to widespread fatigue damage (WFD). 
The FAA is issuing this AD to address cracking in principle 
structural elements. The unsafe condition, if not addressed, could 
result in reduced structural integrity of the airplane.

(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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD 2022-12-01, effective December 14, 2022 (ANAC AD 
2022-12-01).

(h) Exceptions to ANAC AD 2022-12-01

    (1) Where ANAC AD 2022-12-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The initial compliance time for doing the tasks specified in 
paragraph (b)(3) of ANAC AD 2022-12-01 is at the applicable 
``threshold or interval'' as incorporated by the requirements of 
paragraph (b)(3) of ANAC AD 2022-12-01, or within 30 days after the 
effective date of this AD, whichever occurs later. Where the service 
information referenced in ANAC AD 2022-12-01 does not specify a 
threshold, this AD requires using the applicable flight cycles (FC), 
flight hours (FH), or months (MO) identified as the interval as the 
threshold. The applicable FC, FH, and MO in the ``T: Threshold I: 
Interval'' column of the service information referenced in ANAC AD 
2022-12-01 are as specified in paragraph (h)(2)(i) or (ii) of this 
AD:
    (i) For any task with an applicability that includes ``POST-MOD 
SB,'' use the specified number of FC, FH or MO since accomplishment 
of the applicable service bulletin.
    (ii) For any task with an applicability that does not include 
``POST-MOD SB,'' use total FC, total FH, or MO since issuance of the 
original airworthiness certificate or original export certificate of 
airworthiness, as applicable.
    (3) Table 01 and paragraph (c)(2) of ANAC AD 2022-12-01 specify 
a grace period. However, for this AD the grace period is as 
identified in Table 01 of ANAC AD 2022-12-01, except replace the 
text ``within the next 3,000 FC'' with ``within 3,000 FC after the 
effective date of this AD;'' and replace the text ``within the next 
4,000 FH'' with ``within 4,000 FH after the effective date of this 
AD.''
    (4) Where ANAC AD 2022-12-01 Table 01 specifies a compliance 
time based on the accomplishment of certain service information, 
replace the text ``the accomplishment of the Embraer SB No. 190-57-
005, Revision 01, dated October 27, 2006,'' with ``the 
accomplishment of Embraer SB 190-57-0005.''
    (5) This AD does not adopt the provisions specified in paragraph 
(e)(1) of ANAC AD 2022-12-01.

[[Page 55959]]

(i) Provisions for Alternative Actions, Intervals, and Critical Design 
Configuration Control Limitations (CDCCLs)

    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, and CDCCLs are allowed 
unless they are approved as specified in the provisions of paragraph 
(f) of ANAC AD 2022-12-01.

(j) Terminating Action for AD 2020-04-16

    Accomplishing the actions required by this AD terminates the 
repetitive inspection requirements of paragraph (g) of AD 2020-04-
16, for the airplanes identified in paragraph (a)(2) of ANAC AD 
2022-12-01 only.

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (l) 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 responsible Flight Standards 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 
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 (k)(2) of this AD, if any service information referenced 
in ANAC AD 2022-12-01 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.

(l) Additional Information

    For more information about this AD, contact Joshua Bragg, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 216-316-6418; email 
[email protected].

(m) 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 2022-12-01, effective December 14, 2022.
    (ii) [Reserved]
    (3) For ANAC AD 2022-12-01, 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: sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th Street, 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on July 19, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16898 Filed 8-16-23; 8:45 am]
BILLING CODE 4910-13-P