Airworthiness Directives; Embraer S.A. Airplanes, 51469-51471 [2019-20829]
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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
IDI’s portfolio securities, prior to August
9, 1989, and any subsequent renewal,
replacement or extension of such CPOs;
and (ii) collateralized by property
owned and pledged by the IDI, and in
which the security interest granted is
both perfected and legally enforceable.
The Statement of Policy explains that
the FDIC as conservator or receiver has
the right to call, redeem or prepay any
CPOs by repudiation or disaffirmance of
the applicable written contract entered
into by the IDI, either directly by cash
payment in exchange for release of
collateral or by liquidation of the
collateral by a trustee or other secured
party.
Based on market research, the FDIC
has concluded, to the best of its
knowledge, that it is unlikely that any
public or privately issued transactions
of this type remain outstanding at this
time. Therefore, the FDIC is seeking
public comment on the continued need
for the Statement of Policy and, if all
such transactions have terminated, the
rescission of this Statement of Policy.
(d) Statement of Policy on Contracting
With Firms That Have Unresolved Audit
Issues With FDIC
The Statement of Policy on
Contracting with Firms That Have
Unresolved Audit Issues With FDIC
(1997 Statement of Policy) was not
approved by the FDIC Board but it is
being consolidated in this notice for
convenience and completeness.
The 1997 Statement of Policy was
adopted to address situations in which
the FDIC seeks to contract with firms
with which there are unresolved audit
issues.6 The 1997 Statement of Policy
established certain rights and
procedures for the handling of
contracting parties that have unresolved
audit issues, as determined by various
FDIC auditing agents. After review of
the relevant Statement of Policy, the
FDIC has concluded that the document
may give rise to de facto exclusions
from future FDIC contracting
opportunities in a manner that is
inconsistent with procedural
protections specified in 12 CFR 367.
In determining whether to revise or
rescind the relevant Statement of Policy,
the FDIC considered a variety of factors,
including whether or not the Policy
provided the FDIC and its various audit
agents with essential or additional
protections regarding the repayment of
challenged amounts. The FDIC has
determined that existing remedies are
sufficient to allow the FDIC and its
agents to pursue such challenged
6 62 FR 13382. (https://www.govinfo.gov/content/
pkg/FR-1997-03-20/pdf/97-6995.pdf).
VerDate Sep<11>2014
16:51 Sep 27, 2019
Jkt 247001
amounts without the need for those
measures specified in the Statement of
Policy. Therefore, the FDIC proposes to
rescind this Statement of Policy, and
seeks comment on this action.
Authority: 12 U.S.C. 1811 et seq.
Federal Deposit Insurance Corporation.
By order of the Board of Directors.
Dated at Washington, DC, on September
17, 2019.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2019–20588 Filed 9–27–19; 8:45 am]
BILLING CODE 6714–01–P
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
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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 Ageˆncia Nacional de
Aviac¸a˜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.
SUMMARY:
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
https://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
DATES:
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
51469
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° 209, Jardim
Esplanada, CEP 12242–431—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
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 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 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.
E:\FR\FM\30SEP1.SGM
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51470
Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules
The FAA will post all comments
received, without change, to https://
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 https://
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
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
12 work-hours × $85 per hour = $1,020 .....................................................................................
$0
$1,020
$29,580
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
Up to 898 work-hours × $85 per hour = Up to $76,330 ..........................................................................
Negligible ..............
khammond on DSKJM1Z7X2PROD with PROPOSALS
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.
VerDate Sep<11>2014
16:51 Sep 27, 2019
Jkt 247001
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.
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Frm 00031
Fmt 4702
Sfmt 4702
Cost per product
Up to $76,330.
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
E:\FR\FM\30SEP1.SGM
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Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
khammond on DSKJM1Z7X2PROD with PROPOSALS
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
Ageˆncia Nacional de Aviac
¸a˜o Civil (ANAC)
VerDate Sep<11>2014
16:51 Sep 27, 2019
Jkt 247001
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: 9-ANM-116-AMOCREQUESTS@faa.gov. 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.
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Frm 00032
Fmt 4702
Sfmt 4702
51471
(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° 209,
Jardim Esplanada, CEP 12242–431—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55 (12)
3203–6600; email pac@anac.gov.br; 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 https://
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]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 54
[REG–136401–18]
RIN 1545–BP17
Application of the Employer Shared
Responsibility Provisions and Certain
Nondiscrimination Rules to Health
Reimbursement Arrangements and
Other Account-Based Group Health
Plans Integrated With Individual Health
Insurance Coverage or Medicare
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document sets forth
proposed regulations to clarify the
application of the employer shared
responsibility provisions and certain
nondiscrimination rules under the
Internal Revenue Code (Code) to health
SUMMARY:
E:\FR\FM\30SEP1.SGM
30SEP1
Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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 https://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
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 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 https://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 https://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
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
12 work-hours x $85 per hour = $1,020........................ $0 $1,020 $29,580
----------------------------------------------------------------------------------------------------------------
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.
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
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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
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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]
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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 https://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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