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[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Proposed Rules]
[Pages 33334-33337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13672]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0590; Directorate Identifier 2011-NM-112-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to all Model ERJ 190-100

[[Page 33335]]

STD, -100 LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 
LR, and -200 IGW airplanes. The existing AD currently requires revising 
the maintenance program to incorporate modifications in the 
Airworthiness Limitation Section (ALS) of the Embraer S.A. ERJ 190 
Maintenance Review Board Report (MRBR). Since we issued that AD, new 
inspection tasks and their respective thresholds and intervals have 
been issued. This proposed AD would require revising the maintenance 
program to incorporate modifications in the Airworthiness Limitation 
Section (ALS) of the Embraer S.A. ERJ 190 Maintenance Review Board 
Report (MRBR) to include new inspection tasks and their respective 
thresholds and intervals. We are proposing this AD since failure to 
inspect these structural components according to the new ALS tasks, 
thresholds, and intervals could prevent a timely detection of fatigue 
cracking, which if not properly addressed, could result in reduced 
structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by July 23, 2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this 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 distrib@embraer.com.br; Internet http://www.flyembraer.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. For information on the availability of 
this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains this proposed AD, the regulatory 
evaluation, any comments received, and other information. The street 
address for the Docket Operations office (telephone (800) 647-5527) is 
in the ADDRESSES section. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-227-
2768; fax: 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0590; 
Directorate Identifier 2011-NM-112-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On May 13, 2010, we issued AD 2010-11-14, Amendment 39-16319 (75 FR 
30277, June 1, 2010). That AD required actions intended to address an 
unsafe condition on the products listed above.
    Since we issued AD 2010-11-14, Amendment 39-16319 (75 FR 30277, 
June 1, 2010), the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), which is the airworthiness authority for Brazil, has 
issued Brazilian Airworthiness Directives 2010-08-03, dated September 
20, 2010, and 2011-05-04, dated June 16, 2011 (referred to after this 
as ``the MCAI''), to correct an unsafe condition for the specified 
products. The MCAI states:

    During the airplane full scale fatigue test, cracks were found 
in some structural components of the airplane. Analysis of these 
cracks resulted in modifications on the Airworthiness Limitation 
Section (ALS) of Embraer ERJ 190 Maintenance Review Board Report 
(MRBR), to include new inspections tasks and its respective 
thresholds and intervals.
    Failure to inspect these structural components, according to the 
new tasks, thresholds and intervals, could prevent a timely 
detection of fatigue cracking. These cracks, if not properly 
addressed, could adversely affect the structural integrity of the 
airplane.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action is required. 
Thus, sufficient reason exists to request compliance with this 
[ANAC] AD in the indicated time limit.

The required action is revising the maintenance program to incorporate 
new structural inspection requirements. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer S.A. has issued Part 2--Airworthiness Limitation 
Inspections (ALI)--Structures, of Appendix A, Airworthiness Limitations 
(AL), of the EMBRAER 190 Maintenance Review Board Report, MRB-1928, 
Revision 5, dated November 11, 2010; and Temporary Revision (TR) 5-1, 
dated February 11, 2011, to Part 2--Airworthiness Limitation 
Inspections (ALI)--Structures, of Appendix A, Airworthiness Limitations 
(AL), of the EMBRAER 190 Maintenance Review Board Report, MRB-1928, 
Revision 5, dated November 11, 2010. The actions described in this 
service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Correction To Restate Table 1 of AD 2010-11-14, Amendment 39-16319 (75 
FR 30277, June 1, 2010)

    Table 1 of AD 2010-11-14, Amendment 39-16319 (75 FR 30277, June 1, 
2010), contains a reference to EMBRAER Temporary Revision (TR) 2-6, 
dated December 12, 2008, to Part 2--Airworthiness Limitation 
Inspections (ALI)--Structures, of Appendix A, Airworthiness Limitations 
(AL), of the EMBRAER 190 Maintenance Review

[[Page 33336]]

Board Report, MRB-1928. We have determined that the correct date for 
that TR should be February 12, 2008. That information is reflected in 
table 1 of this proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 88 products of U.S. registry.
    The actions that are required by AD 2010-11-14, Amendment 39-16319 
(75 FR 30277, June 1, 2010), and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per work 
hour. Based on these figures, the estimated cost of the currently 
required actions is $85 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of the proposed AD on U.S. operators to be $7,480, or $85 per 
product.

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.
    We are 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

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive 
(AD) 2010-11-14, Amendment 39-16319 (75 FR 30277, June 1, 2010), and 
adding the following new AD:

Embraer S.A.: Docket No. FAA-2012-0590; Directorate Identifier 2011-
NM-112-AD.

(a) Comments Due Date

    We must receive comments by July 23, 2012.

(b) Affected ADs

    This AD supersedes AD 2010-11-14, Amendment 39-16319 (75 FR 
30277, June 1, 2010).

(c) Applicability

    (1) This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 
LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and 
-200 IGW airplanes; certificated in any category; all serial 
numbers.
    (2) This AD requires 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 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 of an alternative method of compliance (AMOC) 
according to paragraph (j)(1) of this AD. The request should include 
a description of changes to the required actions that will ensure 
the continued operational safety of the airplane.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors; 53, 
Fuselage; 54, Nacelles/Pylons; 55, Stabilizers; 57, Wings; 71, 
Powerplant; and 78, Engine Exhaust.

(e) Reason

    This AD was prompted by reports of cracks in some of the 
structural components of the airplane. We are issuing this AD since 
failure to inspect these structural components according to the new 
ALS tasks, thresholds, and intervals could prevent a timely 
detection of fatigue cracking, which if not properly addressed, 
could result in reduced structural integrity of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Restated Actions and Compliance

    This paragraph restates the actions required by paragraph (f) of 
AD 2010-11-14, Amendment 39 16319 (75 FR 30277, June 1, 2010).
    (1) Within 90 days after July 6, 2010 (the effective date of AD 
2010-11-14, Amendment 39-16319 (75 FR 30277, June 1, 2010)), revise 
the Airworthiness Limitation Section (ALS) of the Instructions for 
Continued Airworthiness (ICA) to include the tasks specified in 
table 1 of this AD. These tasks are identified in EMBRAER Temporary 
Revision (TR) 2-5, dated December 6, 2007; and EMBRAER TR 2-6, dated 
February 12, 2008; to Appendix A, Part 2, Airworthiness Limitation 
Inspections (ALI)--Structures, of the EMBRAER 190 Maintenance Review 
Board Report (MRBR), MRB-1928.

    Note 1 to paragraph (g)(1) of this AD:  The actions required by 
paragraph (g)(1) of this AD may be done by inserting a copy of 
EMBRAER TR 2-5 and TR 2-6 into the ALS of the EMBRAER 190 MRBR, MRB-
1928. When these TRs have been included in general revisions of the 
EMBRAER 190 MRBR, MRB-1928, the general revisions may be inserted, 
provided the relevant information in the general revision is 
identical to that in EMBRAER TR 2-5 and TR 2-6, and these TRs may be 
removed.

    (2) The initial compliance times for the tasks specified in 
EMBRAER TR 2-5, dated December 6, 2007; and EMBRAER TR 2-6, dated 
February 12, 2008; to Appendix A, Part 2, Airworthiness Limitation 
Inspections (ALI)--Structures, of the EMBRAER 190 MRBR, MRB-1928; 
start at the later of the times specified in paragraphs (g)(2)(i) 
and (g)(2)(ii) of this AD. For certain tasks, the compliance times 
depend on the pre-modification and post-modification condition of 
the associated service bulletin, as specified in the 
``Applicability'' column of these TRs.
    (i) Within the applicable threshold times specified in the TRs 
specified in table 1 of this AD.
    (ii) At the applicable compliance time specified in table 1 of 
this AD.

[[Page 33337]]

                               Table 1--MRBR TRs and Tasks, With Compliance Times
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          EMBRAER MRBR TR                  Subject                MRBR task No.             Compliance time
----------------------------------------------------------------------------------------------------------------
TR 2-5, dated December 6, 2007....  Wing stub main box     57-01-002-0002............  250 flight cycles after
                                     lower skin and                                     July 6, 2011 (the
                                     splices--internal.                                 effective date of AD
                                                                                        2010-11-14, Amendment
                                                                                        39[dash]16319 (75 FR
                                                                                        30277, June 1, 2010)).
TR 2-5, dated December 6, 2007....  Wing stub spar 3--     57-01-008-0003............  500 flight cycles after
                                     internal/external.                                 July 6, 2011.
TR 2-5, dated December 6, 2007....  Wing stub spar 3--     57-01-008-0004............  500 flight cycles after
                                     external.                                          July 6, 2011.
TR 2-5, dated December 6, 2007....  Wing lower skin panel  57-10-007-0004............  500 flight cycles after
                                     stringers--internal.                               July 6, 2011.
TR 2-5, dated December 6, 2007....  Wing main box rib 11-- 57-10-012-0003............  500 flight cycles after
                                     internal.                                          July 6, 2011.
TR 2-6, dated February 12, 2008...  Nose landing gear      53-10-021-0004............  500 flight cycles after
                                     wheel well metallic                                July 6, 2011.
                                     structure.
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     (iii) Thereafter, except as provided in paragraphs (h) and (j) 
of this AD, no alternative replacement times or structural 
inspection intervals may be approved for the tasks specified in the 
TRs specified in table 1 of this AD.

(h) New Requirements of This AD: Revision of the Maintenance Program

    Within 90 days after the effective date of this AD, revise the 
maintenance program to incorporate the tasks specified in Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix 
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance 
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010; 
and EMBRAER TR 5-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix 
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance 
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010; 
with the thresholds and intervals stated in these documents. The 
initial compliance times for the tasks are stated in the 
``Implementation Plan'' section of Appendix A, Airworthiness 
Limitations (AL), of the EMBRAER 190 Maintenance Review Board 
Report, MRB-1928, Revision 5, dated November 11, 2010. Doing the 
revision required by this paragraph terminates the revision required 
by paragraph (g) of this AD.

(i) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (h) of 
this AD, no alternative actions (e.g., inspections) or intervals, 
may be used, unless the actions or intervals are approved as an AMOC 
in accordance with the procedures specified in paragraph (j)(1) of 
this AD.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Cindy 
Ashforth, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-227-2768; fax: 425-227-1149. 
Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
office. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(k) Related Information

    Refer to MCAI Brazilian Airworthiness Directive 2011-05-04, 
dated June 16, 2011, and the service information specified in 
paragraphs (k)(1) through (k)(4) of this AD.
    (1) EMBRAER TR 2-5, dated December 6, 2007, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix 
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance 
Review Board Report, MRB-1928.
    (2) EMBRAER TR 2-6, dated February 12, 2008, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix 
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance 
Review Board Report, MRB-1928.
    (3) EMBRAER TR 5-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix 
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance 
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010.
    (4) Part 2--Airworthiness Limitation Inspections (ALI)--
Structures, of Appendix A, Airworthiness Limitations (AL), of the 
EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 5, 
dated November 11, 2010.
    (5) For service information identified in this AD, contact 
Embraer S.A., Technical Publications Section (PC 060), Av. 
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos 
Campos-SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; 
fax +55 12 3927-7546; email distrib@embraer.com.br; Internet http://www.flyembraer.com. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington. For information on the availability 
of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on May 24, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-13672 Filed 6-5-12; 8:45 am]
BILLING CODE 4910-13-P
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