Airworthiness Directives; Embraer S.A. Airplanes, 51469-51471 [2019-20829]

Download as PDF 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 http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room 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 http:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0701. Examining the AD Docket You may examine the AD docket on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0701; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3221. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2019–0701; Product Identifier 2019–NM–107–AD’’ at the beginning of your comments. The FAA specifically invites comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. The FAA will consider all comments received by the closing date and may amend this NPRM based on those comments. E:\FR\FM\30SEP1.SGM 30SEP1 51470 Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / Proposed Rules The FAA will post all comments received, without change, to http:// www.regulations.gov, including any personal information you provide. The FAA will also post a report summarizing each substantive verbal contact received about this NPRM. Discussion The ANAC, which is the aviation authority for Brazil, has issued Brazilian AD 2019–06–01, effective June 17, 2019 (‘‘Brazilian AD 2019–06–01’’) (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Embraer S.A. Model ERJ 190–100 STD, –100 LR, –100 IGW, –200 STD, –200 LR, and –200 IGW airplanes. The MCAI states: It has been found the occurrence of structural cracks in the wing lower skin stringers between ribs 7 and 10 on both half wings. The cracks propagation on these wing lower skin stringers may result in fuel leakage and reduced wing structural integrity. Since this condition may occur in other airplanes of the same type and affects flight safety, [related investigative and] a corrective action is required. Thus, sufficient reason exists to request compliance with this [Brazilian] AD in the indicated time limit. Related IBR Material Under 1 CFR Part 51 Brazilian AD 2019–06–01 describes procedures for repetitive detailed inspections of the lower skin stringers on both half wings for cracking or fuel leakage, and applicable related investigative and corrective actions. Related investigative actions include a high frequency eddy current (HFEC) inspection of any area with crack indications to confirm the damage extension. Corrective actions include repairs. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to a bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI referenced above. The FAA is proposing this AD because the agency evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements This proposed AD would require accomplishing the actions specified in Brazilian AD 2019–06–01 described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this AD. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA initially worked with Airbus and the European Aviation Safety Agency (EASA) to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has since coordinated with other manufacturers and civil aviation authorities (CAAs) to use this process. As a result, Brazilian AD 2019–06–01 would be incorporated by reference in the FAA final rule. This proposed AD would, therefore, require compliance with Brazilian AD 2019–06–01 in its entirety, through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Service information specified in Brazilian AD 2019–06–01 that is required for compliance with Brazilian AD 2019–06–01 will be available on the internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0701 after the FAA final rule is published. Costs of Compliance The FAA estimates that this proposed AD affects 29 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: ESTIMATED COSTS FOR REQUIRED ACTIONS 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. PO 00000 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 30SEP1 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. PO 00000 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 http:// www.regulations.gov by searching for and locating Docket No. FAA–2019–0701. (2) For more information about this AD, contact Krista Greer, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206– 231–3221. Issued in Des Moines, Washington, on September 16, 2019. Suzanne Masterson, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–20829 Filed 9–27–19; 8:45 am] 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]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0701; Product Identifier 2019-NM-107-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 
STD, -200 LR, and -200 IGW airplanes. This proposed AD was prompted by 
reports of structural cracks in the wing lower skin stringers on both 
half wings. This proposed AD would require repetitive inspections of 
the lower skin stringers on both half wings for cracking or fuel 
leakage, and applicable related investigative and corrective actions, 
as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) Brazilian AD, which will be incorporated by reference. The 
FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by November 
14, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact National Civil Aviation 
Agency, Aeronautical Products Certification Branch (GGCP), Rua Laurent 
Martins, n[deg] 209, Jardim Esplanada, CEP 12242-431--S[atilde]o 
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email 
[email protected]; internet www.anac.gov.br/en/. You may find this IBR 
material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this IBR material at the FAA, 
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-0701.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0701; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations is listed above. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2019-0701; 
Product Identifier 2019-NM-107-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.

[[Page 51470]]

    The FAA will post all comments received, without change, to http://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
Brazilian AD 2019-06-01, effective June 17, 2019 (``Brazilian AD 2019-
06-01'') (referred to after this as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 
IGW, -200 STD, -200 LR, and -200 IGW airplanes. The MCAI states:

    It has been found the occurrence of structural cracks in the 
wing lower skin stringers between ribs 7 and 10 on both half wings. 
The cracks propagation on these wing lower skin stringers may result 
in fuel leakage and reduced wing structural integrity.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, [related investigative and] a 
corrective action is required. Thus, sufficient reason exists to 
request compliance with this [Brazilian] AD in the indicated time 
limit.

Related IBR Material Under 1 CFR Part 51

    Brazilian AD 2019-06-01 describes procedures for repetitive 
detailed inspections of the lower skin stringers on both half wings for 
cracking or fuel leakage, and applicable related investigative and 
corrective actions. Related investigative actions include a high 
frequency eddy current (HFEC) inspection of any area with crack 
indications to confirm the damage extension. Corrective actions include 
repairs. This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the agency 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in Brazilian AD 2019-06-01 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and the European Aviation 
Safety Agency (EASA) to develop a process to use certain EASA ADs as 
the primary source of information for compliance with requirements for 
corresponding FAA ADs. The FAA has since coordinated with other 
manufacturers and civil aviation authorities (CAAs) to use this 
process. As a result, Brazilian AD 2019-06-01 would be incorporated by 
reference in the FAA final rule. This proposed AD would, therefore, 
require compliance with Brazilian AD 2019-06-01 in its entirety, 
through that incorporation, except for any differences identified as 
exceptions in the regulatory text of this proposed AD. Service 
information specified in Brazilian AD 2019-06-01 that is required for 
compliance with Brazilian AD 2019-06-01 will be available on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0701 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 29 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    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

[[Page 51471]]

with that order, issuance of ADs is normally a function of the 
Compliance and Airworthiness Division, but during this transition 
period, the Executive Director has delegated the authority to issue ADs 
applicable to transport category airplanes and associated appliances to 
the Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Embraer S.A: Docket No. FAA-2019-0701; Product Identifier 2019-NM-
107-AD.

(a) Comments Due Date

    The FAA must receive comments by November 14, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR, 
-100 IGW, -200 STD, -200 LR, and -200 IGW airplanes, certificated in 
any category, as identified in Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Brazilian AD 2019-06-01, 
effective June 17, 2019 (``Brazilian AD 2019-06-01'').

(d) Subject

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

(e) Reason

    This AD was prompted by reports of structural cracks in the wing 
lower skin stringers on both half wings. The FAA is issuing this AD 
to address such cracking, which could result in fuel leakage and 
reduced structural integrity of the wing.

(f) Compliance

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

(g) Requirements

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

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

    (1) For purposes of determining compliance with the requirements 
of this AD: Where Brazilian AD 2019-06-01 refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of 
Brazilian AD 2019-06-01 does not apply to this AD.
    (3) Where paragraph (a)(1) of Brazilian AD 2019-06-01 specifies 
an initial inspection time, this AD requires an initial inspection 
at the applicable time specified in paragraph (h)(3)(i) or (ii) of 
this AD, whichever occurs later.
    (i) Before the accumulation of 17,000 total flight cycles or 
27,000 total flight hours, whichever occurs first.
    (ii) Within 680 flight cycles or 900 flight hours after the 
effective date of this AD, whichever occurs first.
    (4) Where paragraph (a)(1)(ii) of Brazilian AD 2019-06-01 
specifies to do a special detailed inspection (SDI) in case of any 
``signal'' of cracks, this AD requires doing an SDI before further 
flight after the detection of any ``sign'' of structural cracks in 
the inspected area.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (j)(2) of this AD. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or ANAC; or ANAC's 
authorized Designee. If approved by the ANAC Designee, the approval 
must include the Designee's authorized signature.

(j) Related Information

    (1) For information about Brazilian AD 2019-06-01, contact 
National Civil Aviation Agency, Aeronautical Products Certification 
Branch (GGCP), Rua Laurent Martins, n[deg] 209, Jardim Esplanada, 
CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; 
telephone 55 (12) 3203-6600; email [email protected]; internet 
www.anac.gov.br/en/. You may find this IBR material on the ANAC 
website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You 
may view this Brazilian AD at the FAA, Transport Standards Branch, 
2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. 
Brazilian AD 2019-06-01 may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0701.
    (2) For more information about this AD, contact Krista Greer, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3221.

    Issued in Des Moines, Washington, on September 16, 2019.
Suzanne Masterson,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-20829 Filed 9-27-19; 8:45 am]
BILLING CODE 4910-13-P