Proposed Rule2024-15340
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 18, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2022-25-07, which 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. AD 2022-25-07 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2022-25-07, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require all actions in AD 2022-25-07 and would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, and 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 (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 138 (Thursday, July 18, 2024)</title>
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[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Proposed Rules]
[Pages 58295-58299]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15340]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 /
Proposed Rules
[[Page 58295]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1887; Project Identifier MCAI-2023-01237-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).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD)
2022-25-07, which 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. AD 2022-25-07 requires revising
the existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. Since
the FAA issued AD 2022-25-07, the FAA has determined that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would continue to require all actions in AD 2022-25-07 and would
require revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations, and 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 (IBR). 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
3, 2024.
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://regulations.gov">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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1887; 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.
Material Incorporated by Reference:
<bullet> For ANAC material, 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#76061715364a17561e0413104b" 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 at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/DA/
DAE.asp.
<bullet> For Embraer material, 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#f094998384829992b0959d9282919582de939f9dde9282"><span class="__cf_email__" data-cfemail="583c312b2c2a313a183d353a2a393d2a763b3735763a2a">[email protected]</span></a>; internet <a href="http://flyembraer.com">flyembraer.com</a>.
<bullet> 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. It is also available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1887.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3221; email <a href="/cdn-cgi/l/email-protection#0c477e657f786d224b7e69697e4c6a6d6d226b637a"><span class="__cf_email__" data-cfemail="39724b504a4d58177e4b5c5c4b795f5858175e564f">[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-2024-1887; Project Identifier
MCAI-2023-01237-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://regulations.gov">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, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 206-231-3221; email
<a href="/cdn-cgi/l/email-protection#a8e3dac1dbdcc986efdacdcddae8cec9c986cfc7de"><span class="__cf_email__" data-cfemail="0d467f647e796c234a7f68687f4d6b6c6c236a627b">[email protected]</span></a>. Any commentary that the FAA receives that is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
Background
The FAA issued AD 2022-25-07, Amendment 39-22263 (87 FR 77493,
[[Page 58296]]
December 19, 2022) (AD 2022-25-07), for 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. AD 2022-25-07 was prompted
by an MCAI originated by ANAC, which is the aviation authority for
Brazil. ANAC issued AD 2022-02-01, dated February 9, 2022 (ANAC AD
2022-02-01) (which corresponds to FAA AD 2022-25-07), to correct an
unsafe condition.
AD 2022-25-07 requires revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA issued AD 2022-25-07 to
address fatigue cracking of various principal structural elements
(PSEs); such cracking could result in reduced structural integrity of
the airplane. AD 2022-25-07 addresses 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, AD 2022-25-07 addresses 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 2022-25-07 Was Issued
Since the FAA issued AD 2022-25-07, ANAC superseded AD 2022-02-01
and issued ANAC AD 2023-12-01, effective December 15, 2023 (ANAC AD
2023-12-01) (referred to after this as the MCAI), for certain Embraer
S.A. Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU airplanes;
and Model ERJ 170-200 LR, -200 STD, -200 SU, and -200 LL airplanes. The
MCAI states that new or more restrictive airworthiness limitations have
been developed for Part 1--Certification Maintenance Requirements, Part
2--Airworthiness Limitation Inspections (ALI)--Structures, Part 3--Fuel
System Limitation Items, and Part 4--Life Limited Items of the EMBRAER
170/175 maintenance review board report (MRBR).
AD 2022-25-07 superseded AD 2019-25-16, Amendment 39-21015 (85 FR
453, January 6, 2020) (AD 2019-25-16). AD 2019-25-16 required
incorporating Part 1--Certification Maintenance Requirements, Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, Part 3--Fuel
System Limitation Items, and Part 4--Life Limited Items of the EMBRAER
170/175 MRBR.
Since AD 2022-25-07 only required incorporating a new Part 2--
Airworthiness Limitation Inspections (ALI)--Structures of the EMBRAER
170/175 MRBR only terminated Part 2--Airworthiness Limitation
Inspections (ALI)--Structures of the EMBRAER 170/175 MRBR, as required
by AD 2019-25-16.
Therefore, this proposed AD would continue to require the
airworthiness limitations specified in paragraphs (g) and (i) of AD
2022-25-07 until the newest airworthiness limitations for Parts 1
through 4 of the EMBRAER 170/175 MRBR are incorporated as specified in
paragraph (l) of this proposed AD.
The MCAI also revised the applicability to specify airplanes having
only certain serial numbers rather than all serial numbers are
affected. The MCAI noted that airplanes with an original airworthiness
certificate or original export certificate of airworthiness issued on
or after July 14, 2023, must comply with the airworthiness limitations
specified as part of the airworthiness certification of those
airplanes.
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.
The FAA is also proposing 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 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. You may examine the MCAI in the AD
docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1887.
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 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
paragraphs (i) and (l) of this proposed AD.
Related Material Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023-12-01, effective December 15, 2023.
This material specifies new or more restrictive airworthiness
limitations for certification maintenance requirements, airplane
structures, fuel systems, and safe life limits.
This proposed AD would also require ANAC AD 2022-02-01, effective
February 9, 2022, which the Director of the Federal Register approved
for incorporation by reference as of January 23, 2023 (87 FR 77493,
December 19, 2022).
This proposed AD would also require 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, January 6, 2020).
[[Page 58297]]
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.
FAA's Determination
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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain all requirements of AD 2022-25-07.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate additional new or
more restrictive airworthiness limitations, which are specified in ANAC
AD 2023-12-01 already described, as proposed for incorporation by
reference. Any differences with ANAC AD 2023-12-01 are identified as
exceptions in the regulatory text of this AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs 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 (n)(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 2023-12-01 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2023-12-01 through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Material required by ANAC AD 2023-12-01 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating
Docket No. FAA-2024-1887 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), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an AMOC in accordance with the
procedures specified in the AMOCs paragraph under ``Additional AD
Provisions.'' This new format includes a ``New Provisions for
Alternative Actions, Intervals, and CDCCLs'' paragraph that does not
specifically refer to AMOCs, but operators may still request an AMOC to
use an alternative action, interval, or CDCCL.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 662 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
The FAA estimates the following costs to comply with the retained
actions from AD 2022-25-07:
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
Retained structural modifications. 196 work-hours x $85 $98,860 $115,520 Up to $76,474,240.
per hour = $16,660.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for revising the existing maintenance or inspection program.
The FAA estimates the total cost per operator for the retained
revision of the existing maintenance or inspection program from AD
2022-25-07 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
actions 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
[[Page 58298]]
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.
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) 2022-25-07, Amendment 39-22263
(87 FR 77493, December 19, 2022); 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-2024-1887; Project Identifier MCAI-2023-01237-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 3, 2024.
(b) Affected ADs
This AD replaces AD 2022-25-07, Amendment 39-22263 (87 FR 77493,
December 19, 2022) (AD 2022-25-07).
(c) Applicability
This AD applies to Embraer S.A. Model ERJ 170-100 LR, -100 SE, -
100 STD, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 STD,
-200 SU, and -200 LL airplanes; certificated in any category, with
manufacturer serial numbers 17000002, 17000004 through 17000013
inclusive, and 17000015 through 17000948 inclusive.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(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
From AD 2019-25-16, Amendment 39-21015 (85 FR 453, January 6, 2020) (AD
2019-25-16), With No Changes
This paragraph restates the requirements of paragraph (g) of AD
2022-25-07, 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, 2020 (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
cycle'' or ``total flight hours,'' as applicable.
(2) Within 90 days or 600 flight cycles after February 10, 2020
(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 (h) of AD
2022-25-07, with no changes. Except as required by paragraphs (i)
and (l) 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 (n)(1)
of this AD.
(i) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes
This paragraph restates the requirements of paragraph (i) of AD
2022-25-07, with no changes. For 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: 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, dated 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. Accomplishing the revision of the
existing maintenance or inspection program required by paragraph (l)
of this AD terminates the requirements of this paragraph.
(j) Retained Exceptions to ANAC AD 2022-02-01
(1) Where ANAC AD 2022-02-01 refers to its effective date, this
AD requires using January 23, 2023 (the effective date of AD 2022-
25-07).
(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
material 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, Amendment 39-22074
(87 FR 33623, June 3, 2022) (AD 2022-11-51), requires, among
[[Page 58299]]
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) Retained Provisions for Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (k) of AD
2022-25-07, with no changes. Except as required by paragraph (l) of
this AD: 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 are allowed unless
they are approved as specified in paragraph (f) of ANAC AD 2022-02-
01.
(l) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (m) 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 2023-12-01, effective December 15, 2023 (ANAC AD
2023-12-01). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements in paragraphs (g) and (i) of this AD.
(m) Exceptions to ANAC AD 2023-12-01
(1) Where ANAC AD 2023-12-01 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (c) of ANAC AD 2023-12-01 refers to ``no
alternative inspections or inspection intervals may be used unless
the alternative inspection or interval is published in revisions
approved by ANAC of the MRB-1621 which are subsequent to Revision
19, dated July 14th, 2023, or approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (d) of this AD,'' for this AD, replace that text with ``no
alternative actions (e.g., inspections), intervals, and CDCCLs may
be used unless the alternative action (e.g., inspection), interval,
or CDCCL is published in revisions approved by ANAC of the MRB-1621
which are subsequent to Revision 19, dated July 14th, 2023.''
(3) This AD does not adopt paragraph (d) of ANAC AD 2023-12-01.
(4) Where paragraph (b)(1) of ANAC AD 2023-12-01 specifies
incorporating all airworthiness limitations in Part 2 of the service
information specified in paragraph (b)(1) of ANAC AD 2023-12-01, for
this AD, do not incorporate the threshold and interval for MRBR task
number 57-30-002-0002, ``Enhanced Wingtip to Wing Spar Attachments--
Internal.''
Note 2 to paragraph (m)(4): 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.
(n) 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 (o) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#467f6b0710156b070f146b7175766b070b09050620272768212930"><span class="__cf_email__" data-cfemail="be8793ffe8ed93fff7ec93898d8e93fff3f1fdfed8dfdf90d9d1c8">[email protected]</span></a>.
(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.
(o) Additional Information
For more information about this AD, contact Krista Greer,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3221; email
<a href="/cdn-cgi/l/email-protection#92d9e0fbe1e6f3bcd5e0f7f7e0d2f4f3f3bcf5fde4"><span class="__cf_email__" data-cfemail="2b605942585f4a056c594e4e596b4d4a4a054c445d">[email protected]</span></a>.
(p) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(3) The following material was approved for IBR on [DATE 35 DAYS
AFTER PUBLICATION OF THE FINAL RULE].
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2023-12-01, effective December 15, 2023.
(ii) [Reserved]
(4) The following material was approved for IBR on January 23,
2023 (87 FR 77493, December 19, 2022).
(i) ANAC AD 2022-02-01, effective February 9, 2022.
(ii) [Reserved]
(5) The following material was approved for IBR on February 10,
2020 (85 FR 453, January 6, 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.
(6) For ANAC ADs, 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#96e6f7f5d6aaf7b6fee4f3f0ab" 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 at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/DA/DAE.asp.
(7) For Embraer material, contact Embraer S.A., Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 Sao 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#eb8f82989f998289ab8e8689998a8e99c5888486c58999"><span class="__cf_email__" data-cfemail="e2868b9196908b80a2878f8090838790cc818d8fcc8090">[email protected]</span></a>; internet <a href="http://flyembraer.com">flyembraer.com</a>.
(8) 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.
(9) 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#f79185d99e9984879294839e9899b799968596d9909881"><span class="__cf_email__" data-cfemail="e68094c88f8895968385928f8988a688879487c8818990">[email protected]</span></a>.
Issued on July 9, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-15340 Filed 7-17-24; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on July 18, 2024.
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.