Airworthiness Directives; Embraer S.A. Airplanes, 453-457 [2019-28466]
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Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations
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):
■
2019–25–15 Fokker Services B.V.:
Amendment 39–21014; Docket No.
FAA–2019–0703; Product Identifier
2019–NM–106–AD.
(a) Effective Date
This AD is effective February 10, 2020.
(j) Related Information
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Fokker Services B.V.
Model F28 Mark 0100 airplanes, certificated
in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 24, Electrical power.
(e) Reason
This AD was prompted by reports of smoke
in the flight deck, in conjunction with the
loss of electrical power. The FAA is issuing
this AD to address smoke in the flight deck
combined with the loss of electrical power,
which could lead to excessive flightcrew
workload and injury to the flightcrew.
(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, European Union Aviation
Safety Agency (EASA) AD 2019–0120, dated
May 29, 2019 (‘‘EASA AD 2019–0120’’).
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(h) Exceptions to EASA AD 2019–0120
(1) Where EASA AD 2019–0120 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0120 does not apply to this AD.
(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) of this AD. Information may be
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emailed to: 9-ANM-116-AMOC-REQUESTS@
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.
(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 EASA;
or Fokker Services B.V.’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3226; email tom.rodriguez@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2019–0120, dated May 29, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0120, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
easa.europa.eu; internet https://
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this 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. This material may
be found in the AD docket on the internet at
https://www.regulations.gov by searching for
and locating Docket No. FAA–2019–0703.
(5) You may view this material that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on
December 12, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft
Certification Service.
[FR Doc. 2019–28467 Filed 1–3–20; 8:45 am]
BILLING CODE 4910–13–P
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453
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0499; Product
Identifier 2019–NM–088–AD; Amendment
39–21015; AD 2019–25–16]
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) 2017–06–
08, which applied to certain Embraer
S.A. Model ERJ 170–100 LR, –100 STD,
–100 SE, and –100 SU airplanes; and
Model ERJ 170–200 LR, –200 SU, and
–200 STD airplanes. AD 2017–06–08
required revising the existing
maintenance or inspection program, as
applicable, to incorporate more
restrictive airworthiness limitations.
This AD continues to require that
revision; adds a new requirement for
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations; and adds
airplanes to the applicability. Since the
FAA issued AD 2017–06–08, the agency
determined 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 10,
2020.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of February 10, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of May 11, 2017 (82 FR
16725, April 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
SUMMARY:
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Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0499.
Examining the AD Docket
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You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2019–
0499; 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; email
krista.greer@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The Ageˆencia Nacional de Aviac¸a˜o
Civil (ANAC), which is the aviation
authority for Brazil, has issued Brazilian
AD 2019–05–01, effective May 2, 2019;
corrected July 1, 2019 (‘‘Brazilian AD
2019–05–01’’) (also referred to as the
Mandatory Continuing Airworthiness
Information, or ‘‘the MCAI’’); to correct
an unsafe condition for certain Embraer
S.A. Model ERJ 170 airplanes. 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–
0499.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2017–06–08,
Amendment 39–18832 (82 FR 16725,
April 6, 2017) (‘‘AD 2017–06–08’’). AD
2017–06–08 applied to certain Embraer
S.A. Model ERJ 170–100 LR, –100 STD,
–100 SE, and –100 SU airplanes; and
Model ERJ 170–200 LR, –200 SU, and
–200 STD airplanes. The NPRM
published in the Federal Register on
July 1, 2019 (84 FR 31246). The NPRM
was prompted by a determination that
new or more restrictive airworthiness
limitations are necessary. The NPRM
proposed to continue to require revising
the existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations. The NPRM also proposed to
require a new revision of the existing
maintenance or inspection program, as
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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.
2019–05–01 does not include a calendar
day compliance time. The commenter
asserted that a 90-day compliance time
could require accomplishment of the
tasks before they are required to be
included in the maintenance program.
The FAA agrees to clarify the
compliance times specified in this AD.
The compliance time in paragraph (a)(1)
of Brazilian AD 2019–05–01 requires
operators to revise the maintenance or
inspection program, as applicable,
within three months after the effective
date of that Brazilian AD. Paragraph (i)
of this AD requires revising the existing
maintenance or inspection program, as
applicable, within 90 days after the
effective date of this AD. The FAA
typically specifies AD compliance times
for revisions to the maintenance or
inspection program as 90 days.
Therefore, the FAA has not revised this
AD regarding this issue.
Regarding the initial compliance time
for doing the new tasks, paragraph (a)(3)
of Brazilian AD 2019–05–01 states that
the initial compliance time is at the
applicable times specified in the revised
maintenance program or within 600
flight cycles after the effective date of
Brazilian AD 2019–05–01. Paragraph (i)
of this AD states that the operator may
choose to use the later of the
compliance times specified in
paragraphs (i)(1) and (2) of this AD.
Paragraph (i)(1) of this AD states the
initial compliance time is ‘‘within the
applicable times specified in EMBRAER
170/175 MRB–1621, Revision 14.’’
Paragraph (i)(2) of this AD states the
initial compliance time is ‘‘within 90
days or 600 flight cycles after the
effective date of this AD, whichever
occurs later.’’ The compliance time
specified in paragraph (i)(2) of this AD
matches the compliance time in
paragraph (a)(3) of Brazilian AD 2019–
05–01, along with an additional 90-day
compliance time for operators who may
reach the 600 flight cycles early (i.e.,
before reaching 90 days). The 90-day
compliance time is intended to provide
relief for this scenario. Therefore, the
FAA has not revised this AD regarding
this issue.
Request To Revise/Remove Initial
Compliance Time for New Maintenance
Tasks
Republic Airways, Inc., (Republic)
requested that the compliance time
specified in paragraph (i)(1) of the
proposed AD be revised to more closely
reflect the requirements of Brazilian AD
2019–05–01. The commenter also
requested that the 90-day initial
compliance time specified in paragraph
(i)(2) of the proposed AD be removed.
The commenter noted that Brazilian AD
Request To Allow Alternative Actions/
Intervals in Subsequent Service
Information
Horizon Air requested that paragraph
(j) of the proposed AD be revised to
allow for alternative actions and
intervals provided in subsequent
revisions of the identified service
information. The commenter explained
that paragraph (b) of Brazilian AD 2019–
05–01 allows for alternative actions and
intervals if the alternative action or
interval is published in a subsequent
applicable, to incorporate additional
new or more restrictive airworthiness
limitations, and to add airplanes to the
applicability. The FAA is issuing this
AD to address fatigue cracking of
various principal structural elements
(PSEs); such cracking could result in
reduced structural integrity of the
airplane. The FAA is also issuing this
AD to prevent safety significant latent
failures; such failures, in combination
with one or more other specified
failures or events, could result in a
hazardous or catastrophic failure
condition of avionics, hydraulic
systems, fire detection systems, fuel
systems, or other critical systems.
Furthermore, the FAA is issuing this AD
to address potential ignition sources
inside fuel tanks caused by latent
failures, alterations, repairs, or
maintenance actions; such failures, in
combination with flammable fuel
vapors, could result in fuel tank
explosions and consequent loss of the
airplane. 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
2019–05–01 to clarify that the initial
compliance times identified as
‘‘Threshold’’ or ‘‘T’’ in EMBRAER 170/
175 Maintenance Review Board Report
(MRBR), MRB–1621, Revision 14, dated
September 27, 2018 (‘‘EMBRAER 170/
175 MRB–1621, Revision 14’’), are
expressed in total flight cycles and total
flight hours. The FAA has revised
paragraph (i)(1) of this AD to state ‘‘For
the purposes of this AD, the initial
compliance times (identified as
‘Threshold’ or ‘T’ in EMBRAER 170/175
MRB–1621, Revision 14) are expressed
in ‘total flight cycles’ or ‘total flight
hours,’ as applicable.’’
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revision of EMBRAER 170/175 MRB–
1621 and approved by ANAC. The
commenter noted that Revision 15 to
EMBRAER 170/175 MRB–1621 was
issued June 28, 2019, and that there is
no current temporary revision to this
manual.
The FAA agrees with the commenter’s
observation that EMBRAER 170/175
MRB–1621, Revision 15, dated June 28,
2019 (‘‘EMBRAER 170/175 MRB–1621,
Revision 15’’), was approved by ANAC.
Changes in EMBRAER 170/175 MRB–
1621, Revision 15, include
incorporation of the life-limited item
provided in EMBRAER Temporary
Revision (TR) 14–1, dated November 13,
2018 (‘‘EMBRAER TR 14–1’’). Therefore,
the same level of safety is maintained by
incorporating the information in
EMBRAER 170/175 MRB–1621,
Revision 15, as incorporating the
information in Part 1—Certification
Maintenance Requirements, Part 2—
Airworthiness Limitation Inspections
(ALI)-Structures, Part 3—Fuel System
Limitation Items, and Part 4—Life
Limited Items; and EMBRAER TR 14–1
to Part 4—Life Limited Item; of
Appendix A—Airworthiness
Limitations of EMBRAER 170/175
MRB–1621, Revision 14.
Once the information in EMBRAER
170/175 MRB–1621, Revision 14, has
been included in the general revisions
of the EMBRAER 170/175 Maintenance
Review Board Report, and the general
revisions have been inserted into the
maintenance or inspection program, as
applicable, the requirement in
paragraph (i)(1) of this AD is satisfied.
Since EMBRAER 170/175 MRB–1621,
Revision 15, contains the same
information relative to this issue that is
specified in both EMBRAER 170/175
MRB–1621, Revision 14, and EMBRAER
TR 14–1, a request for an AMOC is not
necessary. The FAA has not revised this
AD regarding this issue.
Requests for Credit for Previously
Accomplished Actions
Embraer and Republic Airways
requested that operators be allowed to
substitute the last accomplishment of
tasks 53–23–014–0001 and 53–23–016–
0001 for performing the initial
accomplishment of tasks 53–23–014–
005 and 53–23–016–0005. Republic
Airways justified its request by
explaining that tasks 53–23–014–0005
and 53–23–016–0005 were introduced
in EMBRAER 170/175 MRB–1621,
Revision 14, splitting existing tasks from
previous EMBRAER 170/175 MRB–1621
revisions in order to increase the
interval for some parts of the inspection
reducing the frequency of access in
areas that are difficult to access.
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Republic Airways noted that tasks 53–
23–014–0001 and 53–23–016–0001 in
EMBRAER 170/175 MRB–1621,
Revision 13, dated May 10, 2017, and
earlier revisions, included the same
inspections as tasks 53–23–014–0005
and 53–23–016–0005. The commenters
pointed out that ANAC granted an
AMOC to Brazilian AD 2019–05–01 to
provide credit for previously
accomplished inspections, provided
that the inspections included the area
under the scuff plates.
The FAA agrees with the commenters’
requests for the reasons provided. The
FAA has included Brazilian AMOC No.
632/2019/GCPR/GGCP/SAR–ANAC,
dated June 13, 2019, in paragraph
(k)(1)(ii) of this AD as an approved
AMOC for the corresponding provision
of this AD. The FAA finds that
inclusion of this superseding AMOC
addresses the commenters’ requests.
Conclusion
The FAA reviewed the relevant data,
considered the comments received, and
determined that air safety and the
public interest require adopting this
final rule with the changes 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, to
EMBRAER 170/175 MRB–1621,
Revision 14, dated September 27, 2018.
This service information describes
airworthiness limitations.
Embraer has also issued EMBRAER
TR 14–1, to Part 4—Life-Limited Items,
of Appendix A—Airworthiness
Limitations, of the EMBRAER 170/175
MRB–1621, Revision 14, dated
September 27, 2018. This service
information describes, in Table 1 of the
life-limited items, a new part number
associated with main landing gear
(MLG) life-limited components.
This AD also requires Appendix A—
Airworthiness Limitations, of the
EMBRAER 170/175 MRBR, MRB–1621,
Revision 10, dated February 23, 2015,
which the Director of the Federal
Register approved for incorporation by
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455
reference on May 11, 2017 (82 FR
16725, April 6, 2017).
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 540 airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this AD.
The actions that are required by AD
2017–06–08 and retained in this AD
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 2017–06–08 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
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).
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
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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
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)
2017–06–08, Amendment 39–18832 (82
FR 16725, April 6, 2017), and adding
the following new AD:
■
2019–25–16 Embraer S.A.: Amendment 39–
21015; Docket No. FAA–2019–0499;
Product Identifier 2019–NM–088–AD.
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(a) Effective Date
This AD is effective February 10, 2020.
(b) Affected ADs
This AD replaces AD 2017–06–08,
Amendment 39–18832 (82 FR 16725, April 6,
2017) (‘‘AD 2017–06–08’’).
(c) Applicability
This AD applies to Embraer S.A. Model
ERJ 170–100 LR, –100 STD, –100 SE, and
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–100 SU airplanes; and Model ERJ 170–200
LR, –200 SU, –200 STD, and –200 LL
airplanes; certificated in any category;
manufacturer serial numbers 17000002,
17000004 through 17000013 inclusive, and
17000015 through 17000761 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 various
principal structural elements (PSEs); such
cracking could result in reduced structural
integrity of the airplane. The FAA is also
issuing this AD to prevent safety significant
latent failures; such failures, in combination
with one or more other specified failures or
events, could result in a hazardous or
catastrophic failure condition of avionics,
hydraulic systems, fire detection systems,
fuel systems, or other critical systems.
Furthermore, the FAA is issuing this AD to
address potential ignition sources inside fuel
tanks caused by latent failures, alterations,
repairs, or maintenance actions; such
failures, in combination with flammable fuel
vapors, could result in fuel tank explosions
and consequent loss of the airplane.
(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 2017–06–08, with no
changes. For Model ERJ 170–100 LR, –100
STD, –100 SE, and –100 SU airplanes; and
Model ERJ 170–200 LR, –200 SU, and –200
STD airplanes; manufacturer serial numbers
17000002, 17000004 through 17000013
inclusive, and 17000015 through 17000453
inclusive: Within 12 months after May 11,
2017 (the effective date of AD 2017–06–08),
revise the existing maintenance or inspection
program, as applicable, to incorporate the
airworthiness limitations specified in Part
1—Certification Maintenance Requirements
(CMR); Part 2—Airworthiness Limitation
Inspections (ALI)-Structures; Part 3—Fuel
System Limitation Items (FSL); and Part 4—
Life Limited Items (LLI); of Appendix A—
Airworthiness Limitations; of the EMBRAER
170/175 Maintenance Review Board Report
(MRBR), MRB–1621, Revision 10, dated
February 23, 2015. The initial compliance
times and repetitive intervals are specified in
the applicable part of the EMBRAER 170/175
MRBR, MRB–1621, Revision 10, dated
February 23, 2015.
(h) Retained No Alternative Actions
Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs),
With New Exception
This paragraph restates the action required
by paragraph (j) of AD 2017–06–08, with a
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new exception. Except as required by
paragraph (i) of this AD, after accomplishing
the revisions required by paragraph (g) of this
AD, no alternative actions (e.g., inspections),
intervals, or CDCCLs may be used unless the
actions, intervals, and CDCCLs are approved
as an alternative method of compliance
(AMOC) in accordance with the procedures
specified in paragraph (k)(1) of this AD.
(i) New Existing Maintenance or Inspection
Program Revision
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 Part
1—Certification Maintenance Requirements,
Part 2—Airworthiness Limitation Inspections
(ALI)-Structures, Part 3—Fuel System
Limitation Items, and Part 4—Life Limited
Items; and EMBRAER Temporary Revision
(TR) 14–1, dated November 13, 2018, to part
4—Life Limited Items; of Appendix A of the
EMBRAER 170/175 MRBR, MRB–1621,
Revision 14, dated September 27, 2018
(‘‘EMBRAER 170/175 MRB–1621, Revision
14’’). The initial compliance time for doing
the tasks is at the later of the times specified
in paragraphs (i)(1) and (2) of this AD.
Accomplishing the revision required by this
paragraph terminates the requirements of
paragraph (g) of this AD.
(1) Within the applicable times specified in
EMBRAER 170/175 MRB–1621, Revision 14.
For the purposes of this AD, the initial
compliance times (identified as ‘‘Threshold’’
or ‘‘T’’ in EMBRAER 170/175 MRB–1621,
Revision 14) are expressed in ‘‘total flight
cycles’’ or ‘‘total flight hours,’’ as applicable.
(2) Within 90 days or 600 flight cycles after
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) Brazilian AMOC No. 632/2019/GCPR/
GGCP/SAR–ANAC, dated June 13, 2019, is
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Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Rules and Regulations
approved as an AMOC for the corresponding
provisions of this AD.
(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 ANAC; or
ANAC’s authorized Designee. If approved by
the ANAC Designee, the approval must
include the Designee’s authorized signature.
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.
(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Brazilian
AD 2019–05–01, 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–2019–0499.
(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; email krista.greer@faa.gov.
BILLING CODE 4910–13–P
(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 10, 2020.
(i) Appendix A—Airworthiness
Limitations of EMBRAER 170/175
Maintenance Review Board Report (MRBR),
MRB–1621, Revision 14, dated September 27,
2018.
(ii) Embraer Temporary Revision (TR) 14–
1, dated November 13, 2018, to Part 4—Life
Limited Items, of Appendix A of EMBRAER
170/175 Maintenance Review Board Report
(MRBR), MRB–1621, Revision 14, dated
September 27, 2018.
(4) The following service information was
approved for IBR on May 11, 2017 (82 FR
16725, April 6, 2017).
(i) Appendix A—Airworthiness
Limitations, of the EMBRAER 170/175
Maintenance Review Board Report (MRBR),
MRB–1621, Revision 10, dated February 23,
2015.
(ii) [Reserved]
(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-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.
(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.
(7) You may view this service information
that is incorporated by reference at the
National Archives and Records
VerDate Sep<11>2014
17:31 Jan 03, 2020
Jkt 250001
Issued in Des Moines, Washington, on
December 12, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft
Certification Service.
[FR Doc. 2019–28466 Filed 1–3–20; 8:45 am]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0993; Product
Identifier 2019–NM–198–AD; Amendment
39–21017; AD 2019–25–18]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Bombardier, Inc., Model CL–600–2B19
(Regional Jet Series 100 & 440)
airplanes. This AD was prompted by a
report of a wing stall (wing drop/
uncommanded roll) during landing
flare, due to ice on the wing leading
edges that was not detected by the antiice system. This AD requires revising
the existing airplane flight manual
(AFM) to include a limitation and
normal operating procedure for the wing
anti-ice system. The FAA is issuing this
AD to address the unsafe condition on
these products.
DATES: This AD becomes effective
January 21, 2020.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 21, 2020.
The FAA must receive comments on
this AD by February 20, 2020.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
SUMMARY:
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
457
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this final rule, contact Bombardier, Inc.,
400 Coˆte-Vertu Road West, Dorval, Qu
e´bec H4S 1Y9, Canada; Widebody
Customer Response Center North
America toll-free telephone 1–866–538–
1247 or direct-dial telephone 1–514–
855–2999; email ac.yul@
aero.bombardier.com; internet https://
www.bombardier.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–2019–0993.
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–
0993; or in person at the Docket
Operations office between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office is listed
above. Comments will be available in
the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Siddeeq Bacchus, Aerospace Engineer,
Mechanical Systems and Administrative
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone
516–228–7362; fax 516–794–5531; email
9-avs-nyaco-cos@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
Transport Canada Civil Aviation
(TCCA), which is the aviation authority
for Canada, has issued Canadian AD
CF–2019–41, dated November 7, 2019,
(referred to after this as the Mandatory
Continuing Airworthiness Information,
or ‘‘the MCAI’’), to correct an unsafe
condition for all Bombardier, Inc.,
Model CL–600–2B19 (Regional Jet
Series 100 & 440) airplanes. You may
examine the MCAI on the internet at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2019–0993.
This AD was prompted by a report of
a wing stall (wing drop/uncommanded
E:\FR\FM\06JAR1.SGM
06JAR1
]]>Agencies
[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 453-457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28466]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0499; Product Identifier 2019-NM-088-AD; Amendment
39-21015; AD 2019-25-16]
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) 2017-06-
08, which applied to certain Embraer S.A. Model ERJ 170-100 LR, -100
STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU,
and -200 STD airplanes. AD 2017-06-08 required revising the existing
maintenance or inspection program, as applicable, to incorporate more
restrictive airworthiness limitations. This AD continues to require
that revision; adds a new requirement for revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations; and adds airplanes to the
applicability. Since the FAA issued AD 2017-06-08, the agency
determined 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 10, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 10,
2020.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
11, 2017 (82 FR 16725, April 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
[[Page 454]]
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0499.
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-
0499; 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; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The Ag[ecirc]encia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian AD
2019-05-01, effective May 2, 2019; corrected July 1, 2019 (``Brazilian
AD 2019-05-01'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''); to correct an unsafe
condition for certain Embraer S.A. Model ERJ 170 airplanes. 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-
0499.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-06-08, Amendment 39-18832 (82 FR
16725, April 6, 2017) (``AD 2017-06-08''). AD 2017-06-08 applied to
certain Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE, and -100
SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD
airplanes. The NPRM published in the Federal Register on July 1, 2019
(84 FR 31246). The NPRM was prompted by a determination that new or
more restrictive airworthiness limitations are necessary. The NPRM
proposed to continue to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The NPRM also proposed to
require a new revision of the existing maintenance or inspection
program, as applicable, to incorporate additional new or more
restrictive airworthiness limitations, and to add airplanes to the
applicability. The FAA is issuing this AD to address fatigue cracking
of various principal structural elements (PSEs); such cracking could
result in reduced structural integrity of the airplane. The FAA is also
issuing this AD to prevent safety significant latent failures; such
failures, in combination with one or more other specified failures or
events, could result in a hazardous or catastrophic failure condition
of avionics, hydraulic systems, fire detection systems, fuel systems,
or other critical systems. Furthermore, the FAA is issuing this AD to
address potential ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions; such failures,
in combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane. 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 2019-05-01 to clarify that the initial compliance times identified
as ``Threshold'' or ``T'' in EMBRAER 170/175 Maintenance Review Board
Report (MRBR), MRB-1621, Revision 14, dated September 27, 2018
(``EMBRAER 170/175 MRB-1621, Revision 14''), are expressed in total
flight cycles and total flight hours. The FAA has revised paragraph
(i)(1) of this AD to state ``For the purposes of this AD, the initial
compliance times (identified as `Threshold' or `T' in EMBRAER 170/175
MRB-1621, Revision 14) are expressed in `total flight cycles' or `total
flight hours,' as applicable.''
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.
Request To Revise/Remove Initial Compliance Time for New Maintenance
Tasks
Republic Airways, Inc., (Republic) requested that the compliance
time specified in paragraph (i)(1) of the proposed AD be revised to
more closely reflect the requirements of Brazilian AD 2019-05-01. The
commenter also requested that the 90-day initial compliance time
specified in paragraph (i)(2) of the proposed AD be removed. The
commenter noted that Brazilian AD 2019-05-01 does not include a
calendar day compliance time. The commenter asserted that a 90-day
compliance time could require accomplishment of the tasks before they
are required to be included in the maintenance program.
The FAA agrees to clarify the compliance times specified in this
AD. The compliance time in paragraph (a)(1) of Brazilian AD 2019-05-01
requires operators to revise the maintenance or inspection program, as
applicable, within three months after the effective date of that
Brazilian AD. Paragraph (i) of this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days after
the effective date of this AD. The FAA typically specifies AD
compliance times for revisions to the maintenance or inspection program
as 90 days. Therefore, the FAA has not revised this AD regarding this
issue.
Regarding the initial compliance time for doing the new tasks,
paragraph (a)(3) of Brazilian AD 2019-05-01 states that the initial
compliance time is at the applicable times specified in the revised
maintenance program or within 600 flight cycles after the effective
date of Brazilian AD 2019-05-01. Paragraph (i) of this AD states that
the operator may choose to use the later of the compliance times
specified in paragraphs (i)(1) and (2) of this AD. Paragraph (i)(1) of
this AD states the initial compliance time is ``within the applicable
times specified in EMBRAER 170/175 MRB-1621, Revision 14.'' Paragraph
(i)(2) of this AD states the initial compliance time is ``within 90
days or 600 flight cycles after the effective date of this AD,
whichever occurs later.'' The compliance time specified in paragraph
(i)(2) of this AD matches the compliance time in paragraph (a)(3) of
Brazilian AD 2019-05-01, along with an additional 90-day compliance
time for operators who may reach the 600 flight cycles early (i.e.,
before reaching 90 days). The 90-day compliance time is intended to
provide relief for this scenario. Therefore, the FAA has not revised
this AD regarding this issue.
Request To Allow Alternative Actions/Intervals in Subsequent Service
Information
Horizon Air requested that paragraph (j) of the proposed AD be
revised to allow for alternative actions and intervals provided in
subsequent revisions of the identified service information. The
commenter explained that paragraph (b) of Brazilian AD 2019-05-01
allows for alternative actions and intervals if the alternative action
or interval is published in a subsequent
[[Page 455]]
revision of EMBRAER 170/175 MRB-1621 and approved by ANAC. The
commenter noted that Revision 15 to EMBRAER 170/175 MRB-1621 was issued
June 28, 2019, and that there is no current temporary revision to this
manual.
The FAA agrees with the commenter's observation that EMBRAER 170/
175 MRB-1621, Revision 15, dated June 28, 2019 (``EMBRAER 170/175 MRB-
1621, Revision 15''), was approved by ANAC. Changes in EMBRAER 170/175
MRB-1621, Revision 15, include incorporation of the life-limited item
provided in EMBRAER Temporary Revision (TR) 14-1, dated November 13,
2018 (``EMBRAER TR 14-1''). Therefore, the same level of safety is
maintained by incorporating the information in EMBRAER 170/175 MRB-
1621, Revision 15, as incorporating the information in Part 1--
Certification Maintenance Requirements, Part 2--Airworthiness
Limitation Inspections (ALI)-Structures, Part 3--Fuel System Limitation
Items, and Part 4--Life Limited Items; and EMBRAER TR 14-1 to Part 4--
Life Limited Item; of Appendix A--Airworthiness Limitations of EMBRAER
170/175 MRB-1621, Revision 14.
Once the information in EMBRAER 170/175 MRB-1621, Revision 14, has
been included in the general revisions of the EMBRAER 170/175
Maintenance Review Board Report, and the general revisions have been
inserted into the maintenance or inspection program, as applicable, the
requirement in paragraph (i)(1) of this AD is satisfied. Since EMBRAER
170/175 MRB-1621, Revision 15, contains the same information relative
to this issue that is specified in both EMBRAER 170/175 MRB-1621,
Revision 14, and EMBRAER TR 14-1, a request for an AMOC is not
necessary. The FAA has not revised this AD regarding this issue.
Requests for Credit for Previously Accomplished Actions
Embraer and Republic Airways requested that operators be allowed to
substitute the last accomplishment of tasks 53-23-014-0001 and 53-23-
016-0001 for performing the initial accomplishment of tasks 53-23-014-
005 and 53-23-016-0005. Republic Airways justified its request by
explaining that tasks 53-23-014-0005 and 53-23-016-0005 were introduced
in EMBRAER 170/175 MRB-1621, Revision 14, splitting existing tasks from
previous EMBRAER 170/175 MRB-1621 revisions in order to increase the
interval for some parts of the inspection reducing the frequency of
access in areas that are difficult to access. Republic Airways noted
that tasks 53-23-014-0001 and 53-23-016-0001 in EMBRAER 170/175 MRB-
1621, Revision 13, dated May 10, 2017, and earlier revisions, included
the same inspections as tasks 53-23-014-0005 and 53-23-016-0005. The
commenters pointed out that ANAC granted an AMOC to Brazilian AD 2019-
05-01 to provide credit for previously accomplished inspections,
provided that the inspections included the area under the scuff plates.
The FAA agrees with the commenters' requests for the reasons
provided. The FAA has included Brazilian AMOC No. 632/2019/GCPR/GGCP/
SAR-ANAC, dated June 13, 2019, in paragraph (k)(1)(ii) of this AD as an
approved AMOC for the corresponding provision of this AD. The FAA finds
that inclusion of this superseding AMOC addresses the commenters'
requests.
Conclusion
The FAA reviewed the relevant data, considered the comments
received, and determined that air safety and the public interest
require adopting this final rule with the changes 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, to
EMBRAER 170/175 MRB-1621, Revision 14, dated September 27, 2018. This
service information describes airworthiness limitations.
Embraer has also issued EMBRAER TR 14-1, to Part 4--Life-Limited
Items, of Appendix A--Airworthiness Limitations, of the EMBRAER 170/175
MRB-1621, Revision 14, dated September 27, 2018. This service
information describes, in Table 1 of the life-limited items, a new part
number associated with main landing gear (MLG) life-limited components.
This AD also requires Appendix A--Airworthiness Limitations, of the
EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 23, 2015,
which the Director of the Federal Register approved for incorporation
by reference on May 11, 2017 (82 FR 16725, April 6, 2017).
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 540 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD.
The actions that are required by AD 2017-06-08 and retained in this
AD 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
2017-06-08 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 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
[[Page 456]]
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)
2017-06-08, Amendment 39-18832 (82 FR 16725, April 6, 2017), and adding
the following new AD:
2019-25-16 Embraer S.A.: Amendment 39-21015; Docket No. FAA-2019-
0499; Product Identifier 2019-NM-088-AD.
(a) Effective Date
This AD is effective February 10, 2020.
(b) Affected ADs
This AD replaces AD 2017-06-08, Amendment 39-18832 (82 FR 16725,
April 6, 2017) (``AD 2017-06-08'').
(c) Applicability
This AD applies to Embraer S.A. Model ERJ 170-100 LR, -100 STD,
-100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, -
200 STD, and -200 LL airplanes; certificated in any category;
manufacturer serial numbers 17000002, 17000004 through 17000013
inclusive, and 17000015 through 17000761 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 various principal
structural elements (PSEs); such cracking could result in reduced
structural integrity of the airplane. The FAA is also issuing this
AD to prevent safety significant latent failures; such failures, in
combination with one or more other specified failures or events,
could result in a hazardous or catastrophic failure condition of
avionics, hydraulic systems, fire detection systems, fuel systems,
or other critical systems. Furthermore, the FAA is issuing this AD
to address potential ignition sources inside fuel tanks caused by
latent failures, alterations, repairs, or maintenance actions; such
failures, in combination with flammable fuel vapors, could result in
fuel tank explosions and consequent loss of the airplane.
(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
2017-06-08, with no changes. For Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU,
and -200 STD airplanes; manufacturer serial numbers 17000002,
17000004 through 17000013 inclusive, and 17000015 through 17000453
inclusive: Within 12 months after May 11, 2017 (the effective date
of AD 2017-06-08), revise the existing maintenance or inspection
program, as applicable, to incorporate the airworthiness limitations
specified in Part 1--Certification Maintenance Requirements (CMR);
Part 2--Airworthiness Limitation Inspections (ALI)-Structures; Part
3--Fuel System Limitation Items (FSL); and Part 4--Life Limited
Items (LLI); of Appendix A--Airworthiness Limitations; of the
EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB-1621,
Revision 10, dated February 23, 2015. The initial compliance times
and repetitive intervals are specified in the applicable part of the
EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 23,
2015.
(h) Retained No Alternative Actions Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs), With New Exception
This paragraph restates the action required by paragraph (j) of
AD 2017-06-08, with a new exception. Except as required by paragraph
(i) of this AD, after accomplishing the revisions required by
paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k)(1) of this AD.
(i) New Existing Maintenance or Inspection Program Revision
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 Part 1--Certification
Maintenance Requirements, Part 2--Airworthiness Limitation
Inspections (ALI)-Structures, Part 3--Fuel System Limitation Items,
and Part 4--Life Limited Items; and EMBRAER Temporary Revision (TR)
14-1, dated November 13, 2018, to part 4--Life Limited Items; of
Appendix A of the EMBRAER 170/175 MRBR, MRB-1621, Revision 14, dated
September 27, 2018 (``EMBRAER 170/175 MRB-1621, Revision 14''). The
initial compliance time for doing the tasks is at the later of the
times specified in paragraphs (i)(1) and (2) of this AD.
Accomplishing the revision required by this paragraph terminates the
requirements of paragraph (g) of this AD.
(1) Within the applicable times specified in EMBRAER 170/175
MRB-1621, Revision 14. For the purposes of this AD, the initial
compliance times (identified as ``Threshold'' or ``T'' in EMBRAER
170/175 MRB-1621, Revision 14) are expressed in ``total flight
cycles'' or ``total flight hours,'' as applicable.
(2) Within 90 days or 600 flight cycles after 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) Brazilian AMOC No. 632/2019/GCPR/GGCP/SAR-ANAC, dated June
13, 2019, is
[[Page 457]]
approved as an AMOC for the corresponding provisions of this AD.
(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 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 2019-05-01, 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-2019-0499.
(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; email [email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(3) The following service information was approved for IBR on
February 10, 2020.
(i) Appendix A--Airworthiness Limitations of EMBRAER 170/175
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated
September 27, 2018.
(ii) Embraer Temporary Revision (TR) 14-1, dated November 13,
2018, to Part 4--Life Limited Items, of Appendix A of EMBRAER 170/
175 Maintenance Review Board Report (MRBR), MRB-1621, Revision 14,
dated September 27, 2018.
(4) The following service information was approved for IBR on
May 11, 2017 (82 FR 16725, April 6, 2017).
(i) Appendix A--Airworthiness Limitations, of the EMBRAER 170/
175 Maintenance Review Board Report (MRBR), MRB-1621, Revision 10,
dated February 23, 2015.
(ii) [Reserved]
(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-Brazil; 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.
(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 12, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-28466 Filed 1-3-20; 8:45 am]
BILLING CODE 4910-13-P
