[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 [www.gpo.gov]
[FR Doc No: 2023-25495]



[[Page 80560]]

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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.

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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 regulations.gov 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@anac.gov.br</a>; website anac.gov.br/en/. You may find this 
material on the ANAC website sistemas.anac.gov.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 
regulations.gov 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 regulations.gov 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@anac.gov.br</a>; website anac.gov.br/en/. You may find this ANAC AD 
on the ANAC website: sistemas.anac.gov.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 www.archives.gov/federal-register/cfr/ibr-locations 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


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