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[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Proposed Rules]
[Pages 6106-6109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02159]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0008; Directorate Identifier 2013-NM-076-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 Airworthiness Directive (AD) 2012-23-
09, for all 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. 
AD 2012-23-09 currently requires revising the maintenance program to 
incorporate modifications in airworthiness limitations specified in 
Embraer S.A. ERJ 190 195 Maintenance Review Board Report (MRBR). Since 
we issued AD 2012-23-09, we have determined that more restrictive 
maintenance requirements and airworthiness limitations are necessary. 
This proposed AD would require revising the maintenance or inspection 
program to incorporate modifications in the airworthiness limitations 
specified in Embraer S.A. ERJ 190 195 MRBR to include new inspection 
tasks and their respective thresholds and intervals. We are proposing 
this AD to detect and correct fatigue cracking of structural 
components, which could result in reduced structural integrity of the 
airplane.

DATES: We must receive comments on this proposed AD by March 20, 2014.

ADDRESSES: You may send comments by any of the following methods:

[[Page 6107]]

     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: Deliver to Mail address above 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 view this referenced service information at 
the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. 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 by searching for and locating Docket No. FAA-2014-
0008; or in person at the Docket Management Facility 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: Kathrine Rask, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: (425) 227-2180; 
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-2014-0008; 
Directorate Identifier 2013-NM-076-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 November 13, 2012, we issued AD 2012-23-09, Amendment 39-17265 
(77 FR 73270, December 10, 2012). AD 2012-23-09 requires actions 
intended to address an unsafe condition on the products listed above.
    Since we issued AD 2012-23-09, Amendment 39-17265 (77 FR 73270, 
December 10, 2012), the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), which is the airworthiness authority for Brazil, has 
issued Brazilian Airworthiness Directive 2012-10-02, dated October 29, 
2012 (referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''). We have determined that more restrictive 
maintenance requirements and airworthiness limitations are necessary. 
The MCAI states:

    This [Brazilian] AD (http://www2.anac.gov.br/certificacao/da/textos/1363amd.pdf) results from a new revision to the Airworthiness 
Limitations Section (ALS) of Embraer ERJ 190 Maintenance Review 
Board Report (MRBR 1928), to include new or modification of the 
current tasks and its respective thresholds and intervals. Failure 
to inspect these structural components, according to the new or 
revised 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.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2014-0008.

Relevant Service Information

    Embraer S.A. has issued Part 2--Airworthiness Limitation 
Inspections (ALI)--Structures, of Appendix A, Airworthiness 
Limitation--(AL), of the EMBRAER 190 195 MRBR, MRB-1928, Revision 6, 
dated August 20, 2012; and Temporary Revision (TR) 6-3, dated November 
30, 2012, to Part 2--Airworthiness Limitation Inspections (ALI)--
Structures, of Appendix A, Airworthiness Limitations--(AL), of the 
EMBRAER 190 195 MRBR, MRB-1928, Revision 6, dated August 20, 2012. 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.
    This AD requires revisions to certain operator maintenance 
documents to include new actions (e.g., inspections) and/or Critical 
Design Configuration Control Limitations (CDCCLs). Compliance with 
these actions and/or 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 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 according to paragraph (k) of this 
AD. The request should include a description of changes to the required 
actions that will ensure the continued damage tolerance of the affected 
structure.

Costs of Compliance

    We estimate that this proposed AD affects 98 airplanes of U.S. 
registry.
    The actions that are required by AD 2012-23-09, Amendment 39-17265 
(77 FR 73270, December 10, 2012), and retained in this proposed AD take 
about 1 work-hour per product, at an average labor rate of $85 per 
work-hour. Required parts cost about $0 per product. Based on these 
figures, the estimated cost of the actions that were required by AD 
2012-23-09 is $85 per product.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this proposed 
AD on U.S. operators to be $8,330, or 85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue

[[Page 6108]]

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 proposed 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.

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 removing airworthiness directive AD 
2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012):

Embraer S.A: Docket No. FAA-2014-0008; Directorate Identifier 2013-
NM-076-AD.

(a) Comments

    We must receive comments by March 20, 2014.

(b) Affected ADs

    This AD supersedes AD 2012-23-09, Amendment 39-17265 (77 FR 
73270, December 10, 2012).

(c) Applicability

    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.

(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 a determination that more restrictive 
maintenance requirements and airworthiness limitations are 
necessary. We are proposing this AD to detect and correct fatigue 
cracking of structural components, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Maintenance Program

    This paragraph restates the actions required by paragraph (h) of 
AD 2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012). 
Within 90 days after January 14, 2013 (the effective date of AD 
2012-23-09), 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 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; 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.

(h) Retained No Alternative Actions or Intervals

    This paragraph restates the actions required by paragraph (i) of 
AD 2012-23-09, Amendment 39-17265 (77 FR 73270, December 10, 2012). 
After accomplishing the revision required by paragraph (g) of this 
AD, no alternative actions (e.g., inspections) or intervals, may be 
used, unless the actions or intervals are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (k)(1) of this AD, and except as required by 
paragraph (i) of this AD.

(i) New Requirements of This AD: Revision of the Maintenance or 
Inspection Program

    Within 60 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, to incorporate the 
tasks specified in Part 2--Airworthiness Limitation Inspections 
(ALI)--Structures, of Appendix A, Airworthiness Limitations--(AL), 
of the EMBRAER 190 195 Maintenance Review Board Report MRB-1928, 
Revision 6, dated August 20, 2012; and EMBRAER TR 6-3, dated 
November 30, 2012, to Part 2--Airworthiness Limitation Inspections 
(ALI)--Structures, of Appendix A, Airworthiness Limitations--(AL), 
of the EMBRAER 190 195 Maintenance Review Board Report, MRB-1928, 
Revision 6, dated August 20, 2012; 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 190 195 
Maintenance Review Board Report, MRB-1928, Revision 6, dated 
November 30, 2012, or within 90 days after the effective date of 
this AD, whichever occurs later. Doing the revision required by this 
paragraph terminates the revision required by paragraph (g) of this 
AD.

(j) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

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

(k) 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: Kathrine 
Rask, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone: (425) 227-2180; 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/

[[Page 6109]]

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, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the Design Approval Holder with a State of 
Design Authority's design organization approval, as applicable). For 
a repair method to be approved, the repair approval must 
specifically refer to this AD. You are required to ensure the 
product is airworthy before it is returned to service.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2012-10-02, dated October 
29, 2012, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2014-0008.
    (2) 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 view this service information at the 
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, 
WA. For information on the availability of this material at the FAA, 
call 425-227-1221.

    Issued in Renton, Washington, on January 22, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-02159 Filed 1-31-14; 8:45 am]
BILLING CODE 4910-13-P
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