Rule2023-25495
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
November 20, 2023
Effective
December 26, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary and a determination by the design approval holder (DAH) that some structural elements are subject to widespread fatigue damage (WFD). This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, and for certain airplanes requires a structural modification of the wing lower skin panels, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 222 (Monday, November 20, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80560-80562]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-25495]
[[Page 80560]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1635; Project Identifier MCAI-2022-01579-T;
Amendment 39-22583; AD 2023-21-11]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200
LR, and -200 IGW airplanes. This AD was prompted by a determination
that new or more restrictive airworthiness limitations are necessary
and a determination by the design approval holder (DAH) that some
structural elements are subject to widespread fatigue damage (WFD).
This AD requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, and for certain airplanes requires a
structural modification of the wing lower skin panels, as specified in
an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD,
which is incorporated by reference. The FAA is issuing this AD to
address the unsafe condition on these products.
DATES: This AD is effective December 26, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1635; 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 mandatory continuing airworthiness
information (MCAI), 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.
Material Incorporated by Reference:
<bullet> For material incorporated by reference in this AD, contact
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#15657476552974357d67707328" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website <a href="http://anac.gov">anac.gov</a>.br/en/. You may find this
material on the ANAC website <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/DA/
DAE.asp.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call 206-231-3195. It is also available in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1635.
FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 817-222-5366; email <a href="/cdn-cgi/l/email-protection#315b5e425944501f5a1f5343505656715750501f565e47"><span class="__cf_email__" data-cfemail="ee84819d869b8fc085c08c9c8f8989ae888f8fc0898198">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to all Embraer S.A. Model
ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW
airplanes. The NPRM published in the Federal Register on August 17,
2023 (88 FR 55956). The NPRM was prompted by AD 2022-12-01, effective
December 14, 2022, issued by ANAC (ANAC AD 2022-12-01), which is the
aviation authority for Brazil (also referred to as the MCAI). The MCAI
states that new or more restrictive airworthiness limitations have been
developed to address structural fatigue. Additionally, an evaluation by
the DAH indicated that some structural elements, particularly the wing
lower skin stringers, are subject to WFD. A modification is needed
before the wing lower skin panel reaches its structural modification
point (SMP), and inspections are needed to preclude WFD. ANAC AD 2022-
12-01 specifies that it requires a modification of the wing lower skin
panels that terminates the repetitive inspections required by ANAC AD
2019-06-01 (which corresponds to FAA AD 2020-04-16, Amendment 39-19853
(85 FR 18435, dated April 2, 2020)) (AD 2020-04-16). Accomplishment of
the modification specified in this AD terminates the repetitive
inspections required by paragraph (g) of AD 2020-04-16, for the
airplanes identified in paragraph (a)(2) of ANAC AD 2022-12-01 only.
In the NPRM, the FAA proposed to require revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations, and for certain airplanes
to require a structural modification of the wing lower skin panels, as
specified in ANAC AD 2022-12-01. The FAA is issuing this AD to address
cracking in principle structural elements. The unsafe condition, if not
addressed, could result in reduced structural integrity of the
airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1635.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.
Related Service Information Under 1 CFR Part 51
ANAC AD 2022-12-01 describes new or more restrictive airworthiness
limitations for airplane structures. For certain airplanes, ANAC AD
2022-12-01 specifies procedures for the incorporation of a certain
structural modification (i.e., reinforcement of left-hand (LH) and
right-hand (RH) wing lower skin panels). 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 ADDRESSES
section.
Costs of Compliance
The FAA estimates that this AD affects 33 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection
[[Page 80561]]
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 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
Labor cost Parts cost product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 569 work-hours x $85 per hour = Up to $280,825............ $329,190 Up to $10,863,270.
$48,365.
----------------------------------------------------------------------------------------------------------------
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
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.
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 adding the following new airworthiness
directive:
2023-21-11 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22583; Docket No. FAA-2023-1635; Project
Identifier MCAI-2022-01579-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 26,
2023.
(b) Affected ADs
This AD affects AD 2020-04-16, Amendment 39-19853 (85 FR 18435,
April 2, 2020) (AD 2020-04-16).
(c) Applicability
This AD applies to all Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.) Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -
200 LR, and -200 IGW airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code: 57, Wings.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary and a
determination by the design approval holder (DAH) that some
structural elements are subject to widespread fatigue damage (WFD).
The FAA is issuing this AD to address cracking in principle
structural elements. The unsafe condition, if not addressed, could
result in reduced structural integrity of the airplane.
(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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) AD 2022-12-01, effective December 14, 2022 (ANAC AD
2022-12-01).
(h) Exceptions to ANAC AD 2022-12-01
(1) Where ANAC AD 2022-12-01 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The initial compliance time for doing the tasks specified in
paragraph (b)(3) of ANAC AD 2022-12-01 is at the applicable
``threshold or interval'' as incorporated by the requirements of
paragraph (b)(3) of ANAC AD 2022-12-01, or within 30 days after the
effective date of this AD, whichever occurs later. Where the service
information referenced in ANAC AD 2022-12-01 does not specify a
threshold, this AD requires using the applicable flight cycles (FC),
flight hours (FH), or months (MO) identified as the interval as the
threshold. The applicable FC, FH, and MO in the ``T: Threshold I:
Interval'' column of the service information referenced in ANAC AD
2022-12-01 are as specified in paragraph (h)(2)(i) or (ii) of this
AD:
(i) For any task with an applicability that includes ``POST-MOD
SB,'' use the specified number of FC, FH, or MO since accomplishment
of the applicable service bulletin.
(ii) For any task with an applicability that does not include
``POST-MOD SB,'' use total FC, total FH, or MO since issuance of the
original airworthiness certificate or original export certificate of
airworthiness, as applicable.
(3) Table 01 and paragraph (c)(2) of ANAC AD 2022-12-01 specify
a grace period. However, for this AD the grace period is as
identified in Table 01 of ANAC AD 2022-12-01, except replace the
text ``within the next 3,000 FC'' with ``within 3,000 FC after the
effective date of this AD;'' and replace the text ``within the next
4,000 FH'' with ``within 4,000 FH after the effective date of this
AD.''
(4) Where ANAC AD 2022-12-01 Table 01 specifies a compliance
time based on the accomplishment of certain service information,
replace the text ``the accomplishment of the Embraer SB No. 190-57-
005, Revision 01, dated October 27, 2006,'' with ``the
accomplishment of Embraer SB 190-57-0005.''
(5) This AD does not adopt the provisions specified in paragraph
(e)(1) of ANAC AD 2022-12-01.
[[Page 80562]]
(i) Provisions for Alternative Actions, Intervals, and Critical Design
Configuration Control Limitations (CDCCLs)
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, and CDCCLs are allowed
unless they are approved as specified in the provisions of paragraph
(f) of ANAC AD 2022-12-01.
(j) Terminating Action for AD 2020-04-16
Accomplishing the actions required by this AD terminates the
repetitive inspection requirements of paragraph (g) of AD 2020-04-
16, for the airplanes identified in paragraph (a)(2) of ANAC AD
2022-12-01 only.
(k) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (l) of this AD or email to: <a href="/cdn-cgi/l/email-protection#0c35214d5a5f214d455e213b3f3c214d41434f4c6a6d6d226b637a"><span class="__cf_email__" data-cfemail="dde4f09c8b8ef09c948ff0eaeeedf09c90929e9dbbbcbcf3bab2ab">[email protected]</span></a>.
If mailing information, also submit information by email. Before
using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards 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
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 (k)(2) of this AD, if any service information referenced
in ANAC AD 2022-12-01 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.
(l) Additional Information
For more information about this AD, contact Joshua Bragg,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 216-316-6418; email
<a href="/cdn-cgi/l/email-protection#610b0e120914004f0a4f0313000606210700004f060e17"><span class="__cf_email__" data-cfemail="32585d415a47531c591c5040535555725453531c555d44">[email protected]</span></a>.
(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.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2022-12-01, effective December 14, 2022.
(ii) [Reserved]
(3) For ANAC AD 2022-12-01, contact 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#02726361423e63226a7067643f" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website <a href="http://anac.gov">anac.gov</a>.br/en/. You may find this ANAC AD
on the ANAC website: <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/DA/DAE.asp.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#573125793e3924273234233e3839173936253679303821"><span class="__cf_email__" data-cfemail="7412065a1d1a07041117001d1b1a341a1506155a131b02">[email protected]</span></a>.
Issued on October 20, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-25495 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 20, 2023.
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.