Airworthiness Directives; Embraer S.A. Airplanes, 71772-71776 [2019-28068]

Download as PDF 71772 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) For engines with affected LPC 1st-stage fan blades that have 3,250 or more flight cycles (FCs) since new as of the effective date of this AD, within 250 FCs after the effective date of this AD, perform an ultrasonic inspection of the LPC 1st-stage fan blades in accordance with the Accomplishment Instructions, ‘‘For Fan Blades Installed In An Engine,’’ paragraph 1, or ‘‘For Fan Blades Not Installed In an Engine,’’ paragraph 1, as applicable, of EA Service Bulletin (SB) EAGP7–A72–426, dated September 30, 2019. (2) If the ultrasonic inspection of the affected fan blades results in a rejectable ultrasonic indication, remove the fan blade from service and replace with a part eligible for installation before further flight. Note 1 to paragraph (g)(2): Guidance on determining a rejectable ultrasonic indication can be found in Non-Destructive Inspection Procedure, NDIP–1205, Revision 1—GP7000 1st Stage LPC Rotor (Fan) Blade Assembly Airfoil Ultrasonic Inspection for Cracks (Fan Blades installed or uninstalled), (‘‘NDIP– 1205’’), dated September 23, 2019. (h) No Reporting Requirement No reporting requirement contained within NDIP–1205 is required by this AD. 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 the AD specifies otherwise. (i) Engine Alliance (EA) Service Bulletin EAGP7–A72–426, dated September 30, 2019. (ii) [Reserved] (3) For EA service information identified in this AD, contact Engine Alliance, 411 Silver Lane, East Hartford, CT 06118; phone: 800– 565–0140; email: help24@pw.utc.com; website: www.engineallianceportal.com. (4) You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781–238–7759. (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: fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued in Burlington, Massachusetts, on December 12, 2019. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [FR Doc. 2019–27889 Filed 12–27–19; 8:45 am] BILLING CODE 4910–13–P (i) Credit for Previous Actions You may take credit for the ultrasonic inspection required by paragraph (g)(1) of this AD if you performed the inspection before the effective date of this AD using NDIP–1205, Revision 1, dated September 23, 2019, or Original Issue, dated August 30, 2019. khammond on DSKJM1Z7X2PROD with RULES (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, ECO 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 manager of the certification office, send it to the attention of the person identified in paragraph (k) of this AD. You may email your request to: ANE-AD-AMOC@ faa.gov. (2) 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. (k) Related Information For more information about this AD, contact Matthew Smith, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781–238– 7735; fax: 781–238–7199; email: Matthew.C.Smith@faa.gov. (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0519; Product Identifier 2019–NM–089–AD; Amendment 39–21005; AD 2019–24–16] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2017–16– 08, which applied to certain Embraer S.A. Model ERJ 190–100 STD, –100 LR, –100 IGW, and –100 ECJ airplanes; and Model ERJ 190–200 STD, –200 LR, and –200 IGW airplanes. AD 2017–16–08 required revising the existing maintenance or inspection program, as applicable, to incorporate more restrictive airworthiness limitations. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD also adds airplanes to the applicability. This AD was prompted by SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 the FAA’s determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 3, 2020. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of February 3, 2020. The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of October 11, 2017 (82 FR 42021, September 6, 2017). ADDRESSES: For service information identified in this final rule, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227–901 Sa˜o Jose dos Campos—SP—Brazil; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@embraer.com.br; internet https://www.flyembraer.com. You may view this referenced service information 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 on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0519. 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– 0519; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3221. SUPPLEMENTARY INFORMATION: Discussion The Ageˆncia Nacional de Aviac¸a˜o Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian AD 2019–05–02, effective May 2, 2019; corrected July 1, 2019 (‘‘Brazilian AD E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations 2019–05–02’’) (also 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 ECJ, –100 SR, and –100 IGW airplanes; and Model ERJ 190–200 STD, –200 LR, and –200 IGW airplanes. Model ERJ 190–100SR airplanes are not on the U.S. Register; this AD therefore does not include those airplanes in the applicability. You may examine the MCAI in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019– 0519. The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2017–16–08, Amendment 39–18985 (82 FR 42021, September 6, 2017) (‘‘AD 2017–16–08’’). AD 2017–16–08 applied to certain Embraer S.A. Model ERJ 190–100 STD, –100 LR, –100 ECJ and –100 IGW airplanes and Model ERJ 190–200 STD, –200 LR, and –200 IGW airplanes. The NPRM published in the Federal Register on July 5, 2019 (84 FR 32101). The NPRM was prompted by the FAA’s determination that new or more restrictive airworthiness limitations are necessary. The NPRM proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The NPRM also proposed to add airplanes to the applicability. The FAA is issuing this AD to address fatigue cracking of structural components and to address failure of certain system components, which could result in reduced structural integrity and system reliability of the airplane. See the MCAI for additional background information. khammond on DSKJM1Z7X2PROD with RULES Action Since the NPRM Was Issued Since the NPRM was issued ANAC published a correction to Brazilian AD 2019–05–02 to clarify that the initial compliance times identified as ‘‘Threshold’’ or ‘‘T’’ in EMBRAER 190/ 195 Maintenance Review Board Report, MRB–1928, Revision 12, dated September 27, 2018 (‘‘EMBRAER 190/ 195 MRB–1928, Revision 12’’), are expressed in total flight cycles and total flight hours. The FAA has revised paragraph (i)(1)(i) of this AD to state ‘‘For the purposes of this AD, the initial compliance times (identified as ‘Threshold’ or ‘T’ in EMBRAER 190/195 MRB–1928, Revision 12) are expressed in ‘total flight cycles’ or ‘total flight hours,’ as applicable.’’ VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 Comments The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comment received on the NPRM and the FAA’s response to that comment. Request for Credit for Previously Accomplished Actions Embraer requested that operators be allowed to substitute the last accomplishment of task 53–23–001– 0001, which was included in Revision 11 and earlier of EMBRAER 190/195 MRB–1928, for the initial accomplishment of task 53–53–001– 0004, which is included in EMBRAER 190/195 MRB–1928, Revision 12. Embraer justified its request by providing a copy of Brazilian AMOC No. 632/2019/GCPR/GGCP/SAR–ANAC, dated June 13, 2019. The commenter explained that task 53–23–001–0004 was created for EMBRAER 190/195 MRB–1928, Revision 12, by splitting an existing task from previous revisions of EMBRAER 190/195 MRB–1928 in order to increase the interval for certain parts of the task, reducing the frequency of access in areas that are difficult to access. In EMBRAER 190/195 Maintenance Review Board Report, MRB–1928, Revision 11, and earlier, task 53–23–001–0001 included the same inspection as task 53–23–001–0004. ANAC granted Brazilian AMOC No. 632/2019/GCPR/GGCP/SAR–ANAC, dated June 13, 2019, to provide credit for a one time accomplishment of task 53–23–001–0001 as a substitution for the initial accomplishment of task 53– 23–001–0004, provided the task was accomplished within 5,000 flight cycles since the last accomplishment. The FAA agrees with the commenter’s request for the reason provided and has included Brazilian AMOC No. 632/ 2019/GCPR/GGCP/SAR–ANAC, dated June 13, 2019, in paragraph (k)(1)(iii) of this AD to allow accomplishment of task 53–23–001–0001 after the effective date of this AD as a substitution for the initial accomplishment of task 53–23– 001–0004, provided this task was accomplished within 5,000 flight cycles since it was last accomplished. Conclusion The FAA reviewed the relevant data, considered the comment received, and determined that air safety and the public interest require adopting this final rule with the change described previously and minor editorial changes. The FAA determined that these minor changes: • Are consistent with the intent that was proposed in the NPRM for addressing the unsafe condition; and PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 71773 • Do not add any additional burden upon the public than was already proposed in the NPRM. The FAA also determined that these changes will not increase the economic burden on any operator or increase the scope of this final rule. Related Service Information Under 1 CFR Part 51 Embraer has issued Appendix A— Airworthiness Limitations (AL), to the EMBRAER 190/195 Maintenance Review Board Report, MRB–1928, Revision 12, dated September 27, 2018. Embraer has also issued Appendix A—Airworthiness Limitations (AL), to the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG– 2928, Revision 8, dated October 10, 2018. This AD also requires the following documents, which the Director of the Federal Register approved for incorporation by reference as of October 11, 2017 (82 FR 42021, September 6, 2017). • Appendix A—Airworthiness Limitations (AL), of the EMBRAER ERJ 190/195 Maintenance Review Board Report, MRB–1928, Revision 9, dated August 14, 2015. • Appendix A—Airworthiness Limitations (AL), of the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG–2928, Revision 4, dated July 14, 2014. • EMBRAER MPG—Temporary Revision 4–2, dated February 13, 2015. • EMBRAER MPG—Temporary Revision 4–3, dated October 30, 2015. • EMBRAER MRB—Temporary Revision 9–1, dated October 27, 2015. • EMBRAER MRB—Temporary Revision 9–3, dated October 27, 2015 This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance The FAA estimates that this AD affects 107 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD. The actions that are required by AD 2017–16–08 and retained in this final rule take about 1 work-hour per product, at an average labor rate of $85 per work hour. Required parts cost about $0 per product. Based on these figures, the estimated cost of the actions that were required by AD 2017–16–08 is $85 per product. The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency E:\FR\FM\30DER1.SGM 30DER1 71774 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations recognizes that this number may vary from operator to operator. In the past, the FAA has estimated that this action takes 1 work-hour per airplane. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the FAA estimates the total cost per operator to be $7,650 (90 work-hours × $85 per work-hour). (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. Authority for This Rulemaking Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: 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 AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance 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. khammond on DSKJM1Z7X2PROD with RULES Regulatory Findings The FAA determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment 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 removing Airworthiness Directive (AD) 2017–16–08, Amendment 39–18985 (82 FR 42021, September 6, 2017), and adding the following new AD: ■ 2019–24–16 Embraer S.A.: Amendment 39– 21005; Docket No. FAA–2019–0519; Product Identifier 2019–NM–089–AD. (a) Effective Date This AD is effective February 3, 2020. (b) Affected ADs This AD replaces AD 2017–16–08, Amendment 39–18985 (82 FR 42021, September 6, 2017) (‘‘AD 2017–16–08’’). (c) Applicability This AD applies to Embraer S.A. Model ERJ 190–100 STD, –100 LR, –100 ECJ, and –100 IGW airplanes; and Model ERJ 190–200 STD, –200 LR, and –200 IGW airplanes; certificated in any category; serial numbers 19000002, 19000004, 19000006 through 19000213 inclusive, 19000215 through 19000276 inclusive, 19000278 through 19000466 inclusive, 19000468 through 19000525 inclusive, and 19000527 through 19000758 inclusive. (d) Subject Air Transport Association (ATA) of America Codes 27, Flight controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons; 55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust. (e) Reason This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address fatigue cracking of structural components and to address failure of certain system components, which could result in reduced structural integrity and system reliability of the airplane. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Revision of Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (i) of AD 2017–16–08, with no changes. For airplanes having serial numbers 19000002, 19000004, 19000006 through 19000213 inclusive, 19000215 through 19000276 inclusive, 19000278 through 19000466 inclusive, 19000468 through 19000525 inclusive, and 19000527 through 19000696 inclusive, do the revision required by paragraph (g)(1) or (2) of this AD, as applicable. (1) For Model ERJ 190–100 STD, ERJ 190– 100 LR, ERJ 190–100 IGW, ERJ 190–200 STD, ERJ 190–200 LR, and ERJ 190–200 IGW airplanes: Within 90 days after October 11, 2017 (the effective date of AD 2017–16–08), revise the existing maintenance or inspection program, as applicable, to incorporate the tasks specified in Part 2—Airworthiness Limitation Inspections—Structures, of Appendix A—Airworthiness Limitations (AL), of the EMBRAER 190/195 Maintenance Review Board Report, MRB–1928, Revision 9, dated August 14, 2015 (‘‘MRB–1928, Revision 9’’); EMBRAER MRB—Temporary Revision 9–1, dated October 27, 2015, to Part 2—Airworthiness Limitation Inspections— Structures, and Part 4—Life Limited Items, of Appendix A—Airworthiness Limitations (AL), of MRB–1928, Revision 9; and EMBRAER MRB—Temporary Revision 9–3, dated October 27, 2015, to Part 2— Airworthiness Limitation Inspections— Structures, of Appendix A—Airworthiness Limitations (AL), of MRB–1928, Revision 9; with the thresholds and intervals stated in these documents. The initial compliance times for the tasks are at the later of the times specified in paragraphs (g)(1)(i) and (ii) of this AD. (i) Within the applicable times specified in MRB–1928, Revision 9; EMBRAER MRB— Temporary Revision 9–1, dated October 27, 2015, to Part 2—Airworthiness Limitation Inspections—Structures, and Part 4—Life Limited Items, of Appendix A— Airworthiness Limitations (AL), of MRB– 1928, Revision 9; and EMBRAER MRB— Temporary Revision 9–3, dated October 27, 2015, to Part 2—Airworthiness Limitation Inspections—Structures, of Appendix A— Airworthiness Limitations (AL), of MRB– 1928, Revision 9. Where tasks are listed in both MRB–1928, Revision 9, and a temporary revision, the compliance times in the temporary revision take precedence. (ii) Within 90 days or 600 flight cycles after October 11, 2017 (the effective date of AD 2017–16–08), whichever occurs later. (2) For Model ERJ 190–100 ECJ airplanes: Within 90 days after October 11, 2017 (the effective date of AD 2017–16–08), revise the maintenance or inspection program, as applicable, to incorporate the tasks specified in Part 1—Certification Maintenance Requirements, Part 2—Airworthiness Limitation Inspections—Structures, Part 3— Fuel System Limitation Items, and Part 4— Life Limited Items, of Appendix A— E:\FR\FM\30DER1.SGM 30DER1 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations Airworthiness Limitations (AL), of the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG–2928, Revision 4, dated July 14, 2014; EMBRAER MPG— Temporary Revision 4–2, dated February 13, 2015; and EMBRAER MPG—Temporary Revision 4–3, dated October 30, 2015; with the thresholds and intervals stated in these documents. The initial compliance times for the tasks are at the later of the times specified in paragraphs (g)(2)(i) and (ii) of this AD. (i) Within the applicable times specified in Part 1, Certification Maintenance Requirements, Part 2, Airworthiness Limitation Inspections—Structures, Part 3, Fuel System Limitation Items, and Part 4, Life Limited Items, of Appendix A— Airworthiness Limitations (AL), of the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG–2928, Revision 4, dated July 14, 2014; EMBRAER MPG— Temporary Revision 4–2, dated February 13, 2015; and EMBRAER MPG—Temporary Revision 4–3, dated October 30, 2015. Where tasks are listed in both MPG–2928, Revision 4, and a temporary revision, the compliance times in the temporary revision take precedence. (ii) Within 90 days or 600 flight cycles after October 11, 2017 (the effective date AD 2017–16–08), whichever occurs later. khammond on DSKJM1Z7X2PROD with RULES (h) Retained No Alternative Actions Intervals, or Critical Design Configuration Control Limitations (CDCCLs), With New Exception This paragraph restates the action required by paragraph (j) of AD 2017–16–08, with a new exception. Except as required by paragraph (i) of this AD, after accomplishment of the revision required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, or CDCCLs are approved as an AMOC in accordance with the procedures specified in paragraph (k)(1) of this AD. (i) New Requirement of This AD: Maintenance or Inspection Program Revision (1) For Model ERJ 190–100 STD, ERJ 190– 100 LR, ERJ 190–100 IGW, ERJ 190–200 STD, ERJ 190–200 LR, and ERJ 190–200 IGW airplanes: Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in Appendix A—Airworthiness Limitations (AL), to the EMBRAER 190/195 Maintenance Review Board Report, MRB– 1928, Revision 12, dated September 27, 2018 (‘‘EMBRAER 190/195 MRB–1928, Revision 12’’). The initial compliance time for doing the tasks are at the later of the times specified in paragraphs (i)(1)(i) and (ii) of this AD. Accomplishing the revision required by this paragraph terminates the requirements of paragraph (g)(1) of this AD. (i) Within the applicable times specified in EMBRAER 190/195 MRB–1928, Revision 12. For the purposes of this AD, the initial compliance times (identified as ‘‘Threshold’’ or ‘‘T’’ in EMBRAER 190/195 MRB–1928, Revision 12) are expressed in ‘‘total flight cycles or ‘‘total flight hours’’ as applicable. VerDate Sep<11>2014 16:33 Dec 27, 2019 Jkt 250001 (ii) Within 90 days or 600 flight cycles after the effective date of this AD, whichever occurs later. (2) For Model ERJ 190–100 ECJ airplanes: Within 90 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the tasks specified in Appendix A—Airworthiness Limitations (AL), of the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG–2928, Revision 8, dated October 10, 2018 (‘‘EMBRAER Lineage 1000/1000E MPG–2928, Revision 8’’). The initial compliance times for the tasks are at the later of the times specified in paragraphs (i)(2)(i) and (ii) of this AD. Accomplishing the revision required by this paragraph terminates the requirements of paragraph (g)(2) of this AD. (i) Within the applicable times specified in EMBRAER Lineage 1000/1000E MPG–2928, Revision 8. For the purposes of this AD, the initial compliance times (identified as ‘‘Threshold’’ or ‘‘T’’ in EMBRAER Lineage 1000/1000E MPG–2928, Revision 8) are expressed in ‘‘total flight cycles’’ or ‘‘total flight hours’’ as applicable. (ii) Within 90 days or 600 flight cycles after the effective date of this AD, whichever occurs later. (j) No Alternative Actions, Intervals, or CDCCLs After the existing maintenance or inspection program has been revised as required by paragraph (i) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an AMOC in accordance with the procedures specified in paragraph (k)(1) of this AD. (k) Other FAA AD Provisions (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 (l)(2) of this AD. Information may be emailed to 9-ANM-116-AMOCREQUESTS@faa.gov. (i) 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. (ii) FAA AMOC letter AIR–676–18–241, dated May 14, 2018, approved previously for AD 2017–16–08, is approved as an AMOC for the corresponding provisions of this AD. (iii) Brazilian AMOC No. 632/2019/GCPR/ GGCP/SAR–ANAC, dated June 13, 2019, is approved as an AMOC for the corresponding provisions of this AD, provided the task was performed within 5,000 flight cycles since its last accomplishment. (2) Contacting the Manufacturer: As of the effective date of this AD, for any requirement in this AD to obtain corrective actions from PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 71775 a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the ANAC; or ANAC’s authorized Designee. If approved by the ANAC Designee, the approval must include the Designee’s authorized signature. (l) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian AD 2019–05–02, effective May 2, 2019; corrected July 1, 2019; for related information. This MCAI may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2019–0519. (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. (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. (3) The following service information was approved for IBR on February 3, 2020. (i) Appendix A—Airworthiness Limitations (AL); to the EMBRAER 190/195 Maintenance Review Board Report, MRB– 1928, Revision 12, dated September 27, 2018. (ii) Appendix A—Airworthiness Limitations (AL), to the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG–2928, Revision 8, dated October 10, 2018. (4) The following service information was approved for IBR on October 11, 2017 (82 FR 42021, September 6, 2017). (i) Appendix A—Airworthiness Limitations (AL), of the EMBRAER ERJ 190/ 195 Maintenance Review Board Report, MRB–1928, Revision 9, dated August 14, 2015. (ii) Appendix A—Airworthiness Limitations (AL), of the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG–2928, Revision 4, dated July 14, 2014. (iii) EMBRAER MPG—Temporary Revision 4–2, dated February 13, 2015. (iv) EMBRAER MPG—Temporary Revision 4–3, dated October 30, 2015. (v) EMBRAER MRB—Temporary Revision 9–1, dated October 27, 2015. (vi) EMBRAER MRB—Temporary Revision 9–3, dated October 27, 2015. (5) For service information identified in this AD, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227–901 Sa˜o Jose dos Campos—SP—Brasil; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@embraer.com.br; internet https://www.flyembraer.com. (6) You may view this service information 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. E:\FR\FM\30DER1.SGM 30DER1 71776 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Rules and Regulations (7) 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 fedreg.legal@nara.gov, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Des Moines, Washington, on December 9, 2019. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service. [FR Doc. 2019–28068 Filed 12–27–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2019–0487; Product Identifier 2019–NM–044–AD; Amendment 39–19810; AD 2019–23–16] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: khammond on DSKJM1Z7X2PROD with RULES 16:33 Dec 27, 2019 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– 0487; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Payman Soltani, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627–5313; fax: 562–627– 5210; email: payman.soltani@faa.gov. SUPPLEMENTARY INFORMATION: Discussion The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 737–100, –200, –200C, –300, –400, and –500 series airplanes. This AD was prompted by a report of a fuel leak resulting from a crack on the left in-spar upper wing skin. This AD requires repetitive surface high frequency eddy current (HFEC) inspections of the left and right upper wing skin for any crack, repetitive general visual inspections of the upper wing skin in the adjacent rib bay areas for any crack, and applicable oncondition actions. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective February 3, 2020. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 3, 2020. ADDRESSES: For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; phone: 562–797–1717; internet: https:// www.myboeingfleet.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this SUMMARY: VerDate Sep<11>2014 material at the FAA, call 206–231–3195. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA–2019–0487. Jkt 250001 The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 737–100, –200, –200C, –300, –400, and –500 series airplanes. The NPRM published in the Federal Register on July 8, 2019 (84 FR 32343). The NPRM was prompted by a report of a fuel leak resulting from a crack on the left in-spar upper wing skin. The NPRM proposed to require repetitive HFEC inspections of the left and right upper wing skin for any crack, repetitive general visual inspections of the upper wing skin in the adjacent rib bay areas for any crack, and applicable on-condition actions. The FAA is issuing this AD to address cracks in the upper wing skin, which could grow undetected. This condition, if not addressed, could result in the inability of the structure to carry limit load and adversely affect the structural integrity of the airplane. Comments The FAA gave the public the opportunity to participate in developing this final rule. The following presents the comments received on the NPRM and the FAA’s response to each comment. Support for the NPRM Boeing concurred with the NPRM. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 Effect of Winglets on Accomplishment of the Proposed Actions Aviation Partners Boeing stated that accomplishing Supplemental Type Certificate (STC) ST01219SE does not affect the actions specified in the proposed AD. The FAA concurs with the commenter. The FAA has redesignated paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and added paragraph (c)(2) to this AD to state that installation of STC ST01219SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01219SE is installed, a ‘‘change in product’’ alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17. Request To Allow Later Revisions to the Service Information John Straiton requested that the FAA revise the proposed AD to allow the use of later revisions to the service information. The commenter pointed out that allowing the use of later revisions would make it easier for the operator to ensure compliance and that all maintenance is certified to the latest maintenance data. The commenter also mentioned that allowing the use of later revisions would make it unnecessary for operators to wait for new ADs that include the latest revisions to the service information, or for operators to request an AMOC that allows the use of the latest revisions to the service information. The commenter stated that this would reduce the delay in implementation of the latest revisions to the service information and also reduce the maintenance costs associated with the issuance of AMOCs. The commenter also pointed out that the European Union Aviation Safety Agency (EASA) incorporates similar language in its ADs. The FAA disagrees with the request to allow later revisions to the service information. The FAA may not refer to any document that does not yet exist in an AD. In general terms, the FAA is required by Office of the Federal Register (OFR) regulations for approval of materials incorporated by reference, as specified in 1 CFR 51.1(f), to either publish the service document contents as part of the actual AD language; or submit the service document to the OFR for approval as referenced material, in which case the FAA may only refer to such material in the text of an AD. The AD may refer to the service document only if the OFR approved it for incorporation by reference. See 1 CFR part 51. E:\FR\FM\30DER1.SGM 30DER1

Agencies

[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Rules and Regulations]
[Pages 71772-71776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28068]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0519; Product Identifier 2019-NM-089-AD; Amendment 
39-21005; AD 2019-24-16]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

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

ACTION: Final rule.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-16-
08, which applied to certain Embraer S.A. Model ERJ 190-100 STD, -100 
LR, -100 IGW, and -100 ECJ airplanes; and Model ERJ 190-200 STD, -200 
LR, and -200 IGW airplanes. AD 2017-16-08 required revising the 
existing maintenance or inspection program, as applicable, to 
incorporate more restrictive airworthiness limitations. This AD 
requires revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations. This AD also adds airplanes to the applicability. This AD 
was prompted by the FAA's determination that new or more restrictive 
airworthiness limitations are necessary. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective February 3, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 3, 
2020.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of October 
11, 2017 (82 FR 42021, September 6, 2017).

ADDRESSES: For service information identified in this final rule, 
contact Embraer S.A., Technical Publications Section (PC 060), Av. 
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos 
Campos--SP--Brazil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax 
+55 12 3927-7546; email [email protected]; internet https://www.flyembraer.com. You may view this referenced service information 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0519.

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-
0519; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian AD 
2019-05-02, effective May 2, 2019; corrected July 1, 2019 (``Brazilian 
AD

[[Page 71773]]

2019-05-02'') (also 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 
ECJ, -100 SR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 
LR, and -200 IGW airplanes. Model ERJ 190-100SR airplanes are not on 
the U.S. Register; this AD therefore does not include those airplanes 
in the applicability. You may examine the MCAI in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-0519.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2017-16-08, Amendment 39-18985 (82 FR 
42021, September 6, 2017) (``AD 2017-16-08''). AD 2017-16-08 applied to 
certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 ECJ and -100 
IGW airplanes and Model ERJ 190-200 STD, -200 LR, and -200 IGW 
airplanes. The NPRM published in the Federal Register on July 5, 2019 
(84 FR 32101). The NPRM was prompted by the FAA's determination that 
new or more restrictive airworthiness limitations are necessary. The 
NPRM proposed to require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The NPRM also proposed to add 
airplanes to the applicability. The FAA is issuing this AD to address 
fatigue cracking of structural components and to address failure of 
certain system components, which could result in reduced structural 
integrity and system reliability of the airplane. See the MCAI for 
additional background information.

Action Since the NPRM Was Issued

    Since the NPRM was issued ANAC published a correction to Brazilian 
AD 2019-05-02 to clarify that the initial compliance times identified 
as ``Threshold'' or ``T'' in EMBRAER 190/195 Maintenance Review Board 
Report, MRB-1928, Revision 12, dated September 27, 2018 (``EMBRAER 190/
195 MRB-1928, Revision 12''), are expressed in total flight cycles and 
total flight hours. The FAA has revised paragraph (i)(1)(i) of this AD 
to state ``For the purposes of this AD, the initial compliance times 
(identified as `Threshold' or `T' in EMBRAER 190/195 MRB-1928, Revision 
12) are expressed in `total flight cycles' or `total flight hours,' as 
applicable.''

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comment received 
on the NPRM and the FAA's response to that comment.

Request for Credit for Previously Accomplished Actions

    Embraer requested that operators be allowed to substitute the last 
accomplishment of task 53-23-001-0001, which was included in Revision 
11 and earlier of EMBRAER 190/195 MRB-1928, for the initial 
accomplishment of task 53-53-001-0004, which is included in EMBRAER 
190/195 MRB-1928, Revision 12. Embraer justified its request by 
providing a copy of Brazilian AMOC No. 632/2019/GCPR/GGCP/SAR-ANAC, 
dated June 13, 2019. The commenter explained that task 53-23-001-0004 
was created for EMBRAER 190/195 MRB-1928, Revision 12, by splitting an 
existing task from previous revisions of EMBRAER 190/195 MRB-1928 in 
order to increase the interval for certain parts of the task, reducing 
the frequency of access in areas that are difficult to access. In 
EMBRAER 190/195 Maintenance Review Board Report, MRB-1928, Revision 11, 
and earlier, task 53-23-001-0001 included the same inspection as task 
53-23-001-0004. ANAC granted Brazilian AMOC No. 632/2019/GCPR/GGCP/SAR-
ANAC, dated June 13, 2019, to provide credit for a one time 
accomplishment of task 53-23-001-0001 as a substitution for the initial 
accomplishment of task 53-23-001-0004, provided the task was 
accomplished within 5,000 flight cycles since the last accomplishment.
    The FAA agrees with the commenter's request for the reason provided 
and has included Brazilian AMOC No. 632/2019/GCPR/GGCP/SAR-ANAC, dated 
June 13, 2019, in paragraph (k)(1)(iii) of this AD to allow 
accomplishment of task 53-23-001-0001 after the effective date of this 
AD as a substitution for the initial accomplishment of task 53-23-001-
0004, provided this task was accomplished within 5,000 flight cycles 
since it was last accomplished.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The FAA determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Embraer has issued Appendix A--Airworthiness Limitations (AL), to 
the EMBRAER 190/195 Maintenance Review Board Report, MRB-1928, Revision 
12, dated September 27, 2018.
    Embraer has also issued Appendix A--Airworthiness Limitations (AL), 
to the EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, 
Revision 8, dated October 10, 2018.
    This AD also requires the following documents, which the Director 
of the Federal Register approved for incorporation by reference as of 
October 11, 2017 (82 FR 42021, September 6, 2017).
     Appendix A--Airworthiness Limitations (AL), of the EMBRAER 
ERJ 190/195 Maintenance Review Board Report, MRB-1928, Revision 9, 
dated August 14, 2015.
     Appendix A--Airworthiness Limitations (AL), of the EMBRAER 
Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 4, 
dated July 14, 2014.
     EMBRAER MPG--Temporary Revision 4-2, dated February 13, 
2015.
     EMBRAER MPG--Temporary Revision 4-3, dated October 30, 
2015.
     EMBRAER MRB--Temporary Revision 9-1, dated October 27, 
2015.
     EMBRAER MRB--Temporary Revision 9-3, dated October 27, 
2015
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 107 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD.
    The actions that are required by AD 2017-16-08 and retained in this 
final rule take about 1 work-hour per product, at an average labor rate 
of $85 per work hour. Required parts cost about $0 per product. Based 
on these figures, the estimated cost of the actions that were required 
by AD 2017-16-08 is $85 per product.
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency

[[Page 71774]]

recognizes that this number may vary from operator to operator. In the 
past, the FAA has estimated that this action takes 1 work-hour per 
airplane. Since operators incorporate maintenance or inspection program 
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate. 
Therefore, the FAA estimates the total cost per operator to be $7,650 
(90 work-hours x $85 per work-hour).

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 AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance 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 AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD) 
2017-16-08, Amendment 39-18985 (82 FR 42021, September 6, 2017), and 
adding the following new AD:

2019-24-16 Embraer S.A.: Amendment 39-21005; Docket No. FAA-2019-
0519; Product Identifier 2019-NM-089-AD.

(a) Effective Date

    This AD is effective February 3, 2020.

(b) Affected ADs

    This AD replaces AD 2017-16-08, Amendment 39-18985 (82 FR 42021, 
September 6, 2017) (``AD 2017-16-08'').

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR, 
-100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 
LR, and -200 IGW airplanes; certificated in any category; serial 
numbers 19000002, 19000004, 19000006 through 19000213 inclusive, 
19000215 through 19000276 inclusive, 19000278 through 19000466 
inclusive, 19000468 through 19000525 inclusive, and 19000527 through 
19000758 inclusive.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking of structural components 
and to address failure of certain system components, which could 
result in reduced structural integrity and system reliability of the 
airplane.

(f) Compliance

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

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

    This paragraph restates the requirements of paragraph (i) of AD 
2017-16-08, with no changes. For airplanes having serial numbers 
19000002, 19000004, 19000006 through 19000213 inclusive, 19000215 
through 19000276 inclusive, 19000278 through 19000466 inclusive, 
19000468 through 19000525 inclusive, and 19000527 through 19000696 
inclusive, do the revision required by paragraph (g)(1) or (2) of 
this AD, as applicable.
    (1) For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, 
ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: 
Within 90 days after October 11, 2017 (the effective date of AD 
2017-16-08), revise the existing maintenance or inspection program, 
as applicable, to incorporate the tasks specified in Part 2--
Airworthiness Limitation Inspections--Structures, of Appendix A--
Airworthiness Limitations (AL), of the EMBRAER 190/195 Maintenance 
Review Board Report, MRB-1928, Revision 9, dated August 14, 2015 
(``MRB-1928, Revision 9''); EMBRAER MRB--Temporary Revision 9-1, 
dated October 27, 2015, to Part 2--Airworthiness Limitation 
Inspections--Structures, and Part 4--Life Limited Items, of Appendix 
A--Airworthiness Limitations (AL), of MRB-1928, Revision 9; and 
EMBRAER MRB--Temporary Revision 9-3, dated October 27, 2015, to Part 
2--Airworthiness Limitation Inspections--Structures, of Appendix A--
Airworthiness Limitations (AL), of MRB-1928, Revision 9; with the 
thresholds and intervals stated in these documents. The initial 
compliance times for the tasks are at the later of the times 
specified in paragraphs (g)(1)(i) and (ii) of this AD.
    (i) Within the applicable times specified in MRB-1928, Revision 
9; EMBRAER MRB--Temporary Revision 9-1, dated October 27, 2015, to 
Part 2--Airworthiness Limitation Inspections--Structures, and Part 
4--Life Limited Items, of Appendix A--Airworthiness Limitations 
(AL), of MRB-1928, Revision 9; and EMBRAER MRB--Temporary Revision 
9-3, dated October 27, 2015, to Part 2--Airworthiness Limitation 
Inspections--Structures, of Appendix A--Airworthiness Limitations 
(AL), of MRB-1928, Revision 9. Where tasks are listed in both MRB-
1928, Revision 9, and a temporary revision, the compliance times in 
the temporary revision take precedence.
    (ii) Within 90 days or 600 flight cycles after October 11, 2017 
(the effective date of AD 2017-16-08), whichever occurs later.
    (2) For Model ERJ 190-100 ECJ airplanes: Within 90 days after 
October 11, 2017 (the effective date of AD 2017-16-08), revise the 
maintenance or inspection program, as applicable, to incorporate the 
tasks specified in Part 1--Certification Maintenance Requirements, 
Part 2--Airworthiness Limitation Inspections--Structures, Part 3--
Fuel System Limitation Items, and Part 4--Life Limited Items, of 
Appendix A--

[[Page 71775]]

Airworthiness Limitations (AL), of the EMBRAER Lineage 1000/1000E 
Maintenance Planning Guide, MPG-2928, Revision 4, dated July 14, 
2014; EMBRAER MPG--Temporary Revision 4-2, dated February 13, 2015; 
and EMBRAER MPG--Temporary Revision 4-3, dated October 30, 2015; 
with the thresholds and intervals stated in these documents. The 
initial compliance times for the tasks are at the later of the times 
specified in paragraphs (g)(2)(i) and (ii) of this AD.
    (i) Within the applicable times specified in Part 1, 
Certification Maintenance Requirements, Part 2, Airworthiness 
Limitation Inspections--Structures, Part 3, Fuel System Limitation 
Items, and Part 4, Life Limited Items, of Appendix A--Airworthiness 
Limitations (AL), of the EMBRAER Lineage 1000/1000E Maintenance 
Planning Guide, MPG-2928, Revision 4, dated July 14, 2014; EMBRAER 
MPG--Temporary Revision 4-2, dated February 13, 2015; and EMBRAER 
MPG--Temporary Revision 4-3, dated October 30, 2015. Where tasks are 
listed in both MPG-2928, Revision 4, and a temporary revision, the 
compliance times in the temporary revision take precedence.
    (ii) Within 90 days or 600 flight cycles after October 11, 2017 
(the effective date AD 2017-16-08), whichever occurs later.

(h) Retained No Alternative Actions Intervals, or Critical Design 
Configuration Control Limitations (CDCCLs), With New Exception

    This paragraph restates the action required by paragraph (j) of 
AD 2017-16-08, with a new exception. Except as required by paragraph 
(i) of this AD, after accomplishment of the revision required by 
paragraph (g) of this AD, no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, or CDCCLs are approved as an AMOC in accordance with the 
procedures specified in paragraph (k)(1) of this AD.

(i) New Requirement of This AD: Maintenance or Inspection Program 
Revision

    (1) For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, 
ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: 
Within 90 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in Appendix A--Airworthiness 
Limitations (AL), to the EMBRAER 190/195 Maintenance Review Board 
Report, MRB-1928, Revision 12, dated September 27, 2018 (``EMBRAER 
190/195 MRB-1928, Revision 12''). The initial compliance time for 
doing the tasks are at the later of the times specified in 
paragraphs (i)(1)(i) and (ii) of this AD. Accomplishing the revision 
required by this paragraph terminates the requirements of paragraph 
(g)(1) of this AD.
    (i) Within the applicable times specified in EMBRAER 190/195 
MRB-1928, Revision 12. For the purposes of this AD, the initial 
compliance times (identified as ``Threshold'' or ``T'' in EMBRAER 
190/195 MRB-1928, Revision 12) are expressed in ``total flight 
cycles or ``total flight hours'' as applicable.
    (ii) Within 90 days or 600 flight cycles after the effective 
date of this AD, whichever occurs later.
    (2) For Model ERJ 190-100 ECJ airplanes: Within 90 days after 
the effective date of this AD, revise the existing maintenance or 
inspection program, as applicable, to incorporate the tasks 
specified in Appendix A--Airworthiness Limitations (AL), of the 
EMBRAER Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, 
Revision 8, dated October 10, 2018 (``EMBRAER Lineage 1000/1000E 
MPG-2928, Revision 8''). The initial compliance times for the tasks 
are at the later of the times specified in paragraphs (i)(2)(i) and 
(ii) of this AD. Accomplishing the revision required by this 
paragraph terminates the requirements of paragraph (g)(2) of this 
AD.
    (i) Within the applicable times specified in EMBRAER Lineage 
1000/1000E MPG-2928, Revision 8. For the purposes of this AD, the 
initial compliance times (identified as ``Threshold'' or ``T'' in 
EMBRAER Lineage 1000/1000E MPG-2928, Revision 8) are expressed in 
``total flight cycles'' or ``total flight hours'' as applicable.
    (ii) Within 90 days or 600 flight cycles after the effective 
date of this AD, whichever occurs later.

(j) No Alternative Actions, Intervals, or CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs may be used unless 
the actions, intervals, and CDCCLs are approved as an AMOC in 
accordance with the procedures specified in paragraph (k)(1) of this 
AD.

(k) Other FAA AD Provisions

    (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 (l)(2) of this AD. Information 
may be emailed to [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (ii) FAA AMOC letter AIR-676-18-241, dated May 14, 2018, 
approved previously for AD 2017-16-08, is approved as an AMOC for 
the corresponding provisions of this AD.
    (iii) Brazilian AMOC No. 632/2019/GCPR/GGCP/SAR-ANAC, dated June 
13, 2019, is approved as an AMOC for the corresponding provisions of 
this AD, provided the task was performed within 5,000 flight cycles 
since its last accomplishment.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, International Section, Transport Standards 
Branch, FAA; or the ANAC; or ANAC's authorized Designee. If approved 
by the ANAC Designee, the approval must include the Designee's 
authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian AD 2019-05-02, effective May 2, 2019; corrected 
July 1, 2019; for related information. This MCAI may be found in the 
AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2019-0519.
    (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.

(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.
    (3) The following service information was approved for IBR on 
February 3, 2020.
    (i) Appendix A--Airworthiness Limitations (AL); to the EMBRAER 
190/195 Maintenance Review Board Report, MRB-1928, Revision 12, 
dated September 27, 2018.
    (ii) Appendix A--Airworthiness Limitations (AL), to the EMBRAER 
Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 8, 
dated October 10, 2018.
    (4) The following service information was approved for IBR on 
October 11, 2017 (82 FR 42021, September 6, 2017).
    (i) Appendix A--Airworthiness Limitations (AL), of the EMBRAER 
ERJ 190/195 Maintenance Review Board Report, MRB-1928, Revision 9, 
dated August 14, 2015.
    (ii) Appendix A--Airworthiness Limitations (AL), of the EMBRAER 
Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 4, 
dated July 14, 2014.
    (iii) EMBRAER MPG--Temporary Revision 4-2, dated February 13, 
2015.
    (iv) EMBRAER MPG--Temporary Revision 4-3, dated October 30, 
2015.
    (v) EMBRAER MRB--Temporary Revision 9-1, dated October 27, 2015.
    (vi) EMBRAER MRB--Temporary Revision 9-3, dated October 27, 
2015.
    (5) For service information identified in this AD, contact 
Embraer S.A., Technical Publications Section (PC 060), Av. 
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos 
Campos--SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; 
fax +55 12 3927-7546; email [email protected]; internet https://www.flyembraer.com.
    (6) You may view this service information 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.

[[Page 71776]]

    (7) 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: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on December 9, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-28068 Filed 12-27-19; 8:45 am]
BILLING CODE 4910-13-P