Proposed Rule2022-16098
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 28, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2019-25-16, which applies 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, -200 STD, and -200LL airplanes. AD 2019-25-16 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2019-25-16, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require the actions in AD 2019-25-16 and require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations and incorporate certain structural modifications, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 144 (Thursday, July 28, 2022)</title>
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[Federal Register Volume 87, Number 144 (Thursday, July 28, 2022)]
[Proposed Rules]
[Pages 45284-45288]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16098]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0979; Project Identifier MCAI-2022-00171-T]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer S.A.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2019-25-16, which applies 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, -200 STD, and -200LL airplanes. AD 2019-25-16 requires revising
the existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. Since
the FAA issued AD 2019-25-16, the FAA has determined that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would continue to require the actions in AD 2019-25-16 and require
revising the existing maintenance or inspection program, as applicable,
to incorporate additional new or more restrictive airworthiness
limitations and incorporate certain structural modifications, as
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD, which is proposed for incorporation by reference. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by September
12, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For ANAC material that will be incorporated by reference (IBR) in
this AD, contact National Civil Aviation Agency (ANAC), Aeronautical
Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho,
230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email <a href="/cdn-cgi/l/email-protection#3848595b785956595b165f574e165a4a"><span class="__cf_email__" data-cfemail="66160705260708070548010910480414">[email protected]</span></a>;
internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/. You may find this material on the ANAC
website at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>. For
Embraer service information identified in this proposed 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 <a href="/cdn-cgi/l/email-protection#03676a7077716a6143666e61716266712d606c6e2d6171"><span class="__cf_email__" data-cfemail="b3d7dac0c7c1dad1f3d6ded1c1d2d6c19dd0dcde9dd1c1">[email protected]</span></a>; internet <a href="http://www.flyembraer.com">www.flyembraer.com</a>.
You may view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. The ANAC AD is also available in the AD docket at
<a href="http://www.regulations.gov">www.regulations.gov</a> by searching for and locating Docket No. FAA-2022-
0979.
Examining the AD Docket
You may examine the AD docket at <a href="http://www.regulations.gov">www.regulations.gov</a> by searching
for and locating Docket No. FAA-2022-0979; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this NPRM, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3221; email
<a href="/cdn-cgi/l/email-protection#dcb7aeb5afa8bdf2bbaeb9b9ae9cbabdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="c6adb4afb5b2a7e8a1b4a3a3b486a0a7a7e8a1a9b0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0979; Project Identifier
MCAI-2022-00171-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information you provide.
The agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Krista Greer, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3221; email <a href="/cdn-cgi/l/email-protection#147f667d6760753a7366717166547275753a737b62"><span class="__cf_email__" data-cfemail="b2d9c0dbc1c6d39cd5c0d7d7c0f2d4d3d39cd5ddc4">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
[[Page 45285]]
Background
The FAA issued AD 2019-25-16, Amendment 39-21015 (85 FR 453,
January 6, 2020) (AD 2019-25-16), which applies 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, -200 STD, and 200 LL airplanes. AD 2019-
25-16 requires revising the existing maintenance or inspection program,
as applicable, to incorporate new or more restrictive airworthiness
limitations; and adds airplanes to the applicability. The FAA issued AD
2019-25-16 to address fatigue cracking of various principal structural
elements (PSEs); such cracking could result in reduced structural
integrity of the airplane and 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 issued AD 2019-25-16 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.
Actions Since AD 2019-25-16 Was Issued
Since the FAA issued AD 2019-25-16, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2022-02-01, effective February 9, 2022 (ANAC AD 2022-02-01) (also
referred to as the MCAI), to correct an unsafe condition for all
Embraer S.A. Model ERJ 170-100 STD, ERJ 170-100 LR, ERJ 170-100 SU, ERJ
170-100 SE, ERJ 170-200 STD, ERJ 170-200 LR, ERJ 170-200 SU, and ERJ
170-200 LL airplanes. ANAC AD 2022-02-01 supersedes ANAC AD 2019-05-1,
effective May 2, 2019; corrected July 1, 2019 (ANAC AD 2019-05-01),
which corresponds to FAA AD 2019-25-16.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to address fatigue cracking of various PSEs; such
cracking could result in reduced structural integrity of the airplane
and to address 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 also proposing 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.
Other Relevant Rulemaking
ANAC has also issued ANAC AD 2022-05-02, effective May 13, 2022
(ANAC AD 2022-05-02), which corresponds to FAA AD 2022-11-51, Amendment
39-22074 (87 FR 33623, June 3, 2022) (AD 2022-11-51). AD 2022-11-51
applies to certain Embraer S.A. Model ERJ 170-200 STD, ERJ 170-200 LR,
ERJ 170-200 SU, and ERJ 170-200 LL airplanes. AD 2022-11-51 requires a
detailed inspection for cracks of affected wing tip connections,
corrective actions if necessary, and revision of the existing
maintenance or inspection program. Incorporating maintenance review
board report (MRBR) task number 57-30-002-0002, ``Enhanced Wingtip to
Wing Spar Attachments--Internal'' is part of the requirements of
paragraph (g) of AD 2022-11-51 and paragraph (h)(6) of AD 2022-11-51
includes exceptions for that task. The FAA issued AD 2022-11-51 to
address cracks that could develop on the wing tip connection area that
can affect its structural integrity to the point of an in-flight
detachment, which, even if sufficient controllability of the airplane
is maintained for the safe continuation of the flight, could result in
the detached part damaging other airplane parts and affecting
controllability, as well as damaging property and injuring persons on
the ground.
Since all airplanes affected by AD 2022-11-51 already incorporated
MRBR task number 57-30-002-0002, this proposed AD does not require
incorporating MRBR task number 57-30-002-0002 as part of the revision
of the existing maintenance or inspection program required by paragraph
(i) of this proposed AD.
Related Service Information Under 1 CFR Part 51
ANAC AD 2022-02-01 describes new or more restrictive airworthiness
limitations for airplane structures and the incorporation of certain
structural modifications (i.e., reinforcement of left-hand (LH) and
right-hand (LH) wing spar II lower; and reinforcement of the wing lower
skin chordwise splices of LH and RH wing) before the defined structural
modifications points (SMP).
This AD also requires Appendix A--Airworthiness Limitations of
EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB-1621,
Revision 14, dated September 27, 2018; and 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; which the Director of
the Federal Register approved for incorporation by reference as of
February 10, 2020 (85 FR 453).
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Differences Between This Proposed AD and the MCAI
ANAC AD 2022-02-01 supersedes ANAC AD 2019-05-01; however ANAC AD
2022-02-01 does not retain any requirements from ANAC AD 2019-05-01.
ANAC AD 2022-02-01 only requires airworthiness limitations that are in
Part 2 of the referenced MRBR. This proposed AD would retain the
airworthiness limitations for Parts 1, 3, and 4 of the MRBR.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop in other products of these same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would retain the requirements of AD 2019-25-16.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, which are specified in ANAC AD
2022-02-01 described previously, as proposed for incorporation by
reference. Any differences with ANAC AD 2022-02-01 are identified as
exceptions in the regulatory text of this AD except as
[[Page 45286]]
discussed under ``Differences Between this Proposed AD and the MCAI.''
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance (AMOC) according to
paragraph (l)(1) of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2022-02-01 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2022-02-01 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by ANAC AD 2022-02-01
for compliance will be available at <a href="http://www.regulations.gov">www.regulations.gov</a> by searching
for and locating Docket No. FAA-2022-0979 after the FAA final rule is
published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), or intervals may be used unless the actions and intervals
are approved as an AMOC in accordance with the procedures specified in
the AMOCs paragraph under ``Additional FAA Provisions.'' This new
format includes a ``New Provisions for Alternative Actions and
Intervals'' paragraph that does not specifically refer to AMOCs, but
operators may still request an AMOC to use an alternative action or
interval.
Costs of Compliance
The FAA estimates that this proposed AD affects 662 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2019-25-16 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per operator for the new proposed
revision to the existing maintenance or inspection program to be $7,650
(90 work-hours x $85 per work-hour).
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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New proposed actions.............. 196 work-hours x $85 per $98,860 $115,520 $76,474,240
hour = $16,660.
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* Table does not include estimated costs for revising the existing maintenance or inspection program.
According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
[[Page 45287]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2019-25-16, Amendment 39-21015
(85 FR 453, January 6, 2020); and
0
b. Adding the following new AD:
Embraer S.A. (Type Certificate Previously Held by Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.): Docket No.
FAA-2022-0979; Project Identifier MCAI-2022-00171-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 12, 2022.
(b) Affected ADs
This AD replaces AD 2019-25-16, Amendment 39-21015 (85 FR 453,
January 6, 2020) (AD 2019-25-16).
(c) Applicability
This AD applies to all 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.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 27, Flight controls; 28, Fuel; 52, Doors; 53,
Fuselage; 54, Nacelles/pylons; 55, Stabilizers; 57, Wings; 71,
Powerplant; and 78, Exhaust.
(e) Unsafe Condition
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 address 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 the Existing Maintenance or Inspection
Program, With No Changes
This paragraph restates the requirements of paragraph (i) of AD
2019-25-16, 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, -
200 STD, and -200LL airplanes; manufacturer serial numbers 17000002,
17000004 through 17000013 inclusive, and 17000015 through 17000761
inclusive: Within 90 days after February 10, 2022 (the effective
date of AD 2019-25-16), 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 (g)(1) and (2)
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 February 10, 2022
(the effective date of AD 2019-25-16), whichever occurs later.
(h) Retained Restrictions on Alternative Actions, Intervals, and
CDCCLs, With No Changes
This paragraph restates the requirements of paragraph (j) of AD
2019-25-16, with no changes. Except as required by paragraph (i) of
this AD: After the existing maintenance or inspection program has
been revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an AMOC in
accordance with the procedures specified in paragraph (l)(1) of this
AD.
(i) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (j) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, ANAC AD 2022-02-01, effective February 9, 2022
(ANAC AD 2022-02-01). Accomplishing the revision of the existing
maintenance or inspection program required by this paragraph
terminates the requirements for Part 2--Airworthiness Limitation
Inspections (ALI)-Structures specified in paragraph (g) of this AD
only.
(j) Exceptions to ANAC AD 2022-02-01
(1) Where ANAC AD 2022-02-01 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Alternative method of compliance (AMOC)'' section of
ANAC AD 2022-02-01 does not apply to this AD.
(3) Where paragraph (b)(1) of ANAC AD 2022-02-01 specifies
incorporating all airworthiness limitations in Part 2 of the service
information specified in paragraph (b)(1) of ANAC AD 2022-02-01, for
this AD, do not incorporate the threshold and interval for
maintenance review board report (MRBR) task number 57-30-002-0002,
``Enhanced Wingtip to Wing Spar Attachments--Internal.''
Note 1 to paragraph (j)(3): AD 2022-11-51 requires, among other
actions, incorporating alternate thresholds and intervals for MRBR
task number 57-30-002-0002. The airplanes affected by MRBR task
number 57-30-002-0002 are identified in paragraph (c) of AD 2022-11-
51.
(k) New Provisions for Alternative Actions and Intervals
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, and CDCCLs are allowed
unless they are approved as specified in paragraph (f) of ANAC AD
2022-02-01.
(l) Additional FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (m)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#a29b8fe3f4f18fe3ebf08f9591928fe3efede1e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="3f06127e696c127e766d12080c0f127e72707c7f595e5e11585049">[email protected]</span></a>.
(i) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(ii) AMOCs approved previously for AD 2019-25-16 are approved as
AMOCs for the corresponding provisions of paragraph (g) of this AD.
(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, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraph (l)(2) of this AD, if any service information referenced
in AD
[[Page 45288]]
2022-02-01 contains steps in the Accomplishment Instructions or
figures that are labeled as RC, the instructions in RC steps,
including subparagraphs under an RC step and any figures identified
in an RC step, must be done to comply with this AD; any steps
including substeps under those steps, that are not identified as RC
are recommended. The instructions in steps, including substeps under
those steps, not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the instructions identified as RC can be done and the airplane can
be put back in an airworthy condition. Any substitutions or changes
to instructions identified as RC require approval of an AMOC. If a
step or substep is labeled ``RC Exempt,'' then the RC requirement is
removed from that step or substep.
(m) Related Information
(1) For ANAC AD 2022-02-01, contact National Civil Aviation
Agency (ANAC), Aeronautical Products Certification Branch (GGCP),
Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55
(12) 3203-6600; email <a href="/cdn-cgi/l/email-protection#d9a9b8ba99b8b7b8baf7beb6aff7bbab"><span class="__cf_email__" data-cfemail="5525343615343b34367b323a237b3727">[email protected]</span></a>; internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/.
You may find this ANAC AD on the ANAC website at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>. You may view this
material at the FAA, Airworthiness Products Section, Operational
Safety 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 at <a href="http://www.regulations.gov">www.regulations.gov</a>
by searching for and locating Docket No. FAA-2022-0979.
(2) For more information about this AD, contact Krista Greer,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3221; email <a href="/cdn-cgi/l/email-protection#bbd0c9d2c8cfda95dcc9dedec9fbdddada95dcd4cd"><span class="__cf_email__" data-cfemail="a8c3dac1dbdcc986cfdacdcddae8cec9c986cfc7de">[email protected]</span></a>.
(3) For Embraer 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 <a href="/cdn-cgi/l/email-protection#57333e2423253e3517323a35253632257934383a793525"><span class="__cf_email__" data-cfemail="d3b7baa0a7a1bab193b6beb1a1b2b6a1fdb0bcbefdb1a1">[email protected]</span></a>; internet
<a href="http://www.flyembraer.com">www.flyembraer.com</a>. You may view this service information at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195.
Issued on July 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-16098 Filed 7-27-22; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on July 28, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.