[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73270-73273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28173]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0590; Directorate Identifier 2011-NM-112-AD;
Amendment 39-17265; AD 2012-23-09]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are superseding an existing 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. That AD currently requires
revising the maintenance program to incorporate modifications in the
Airworthiness Limitation Section (ALS) of the EMBRAER ERJ 190
Maintenance Review Board Report (MRBR). This new AD requires revising
the maintenance program to incorporate modifications in the ALS of the
EMBRAER ERJ 190 MRBR to include new inspection tasks and their
respective thresholds and intervals. This AD was prompted by issuance
of new inspection tasks and their respective thresholds and intervals.
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.
DATES: This AD becomes effective January 14, 2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 14,
2013.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 6, 2010
(75 FR 30277, June 1, 2010).
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-2768;
fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on June 6, 2012 (77 FR
33334), and proposed to supersede AD 2010-11-14, Amendment 39-16319 (75
FR 30277, June 1, 2010). That NPRM proposed 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
[Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)] AD in
the indicated time limit.
You may obtain further information by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We have considered the comments received.
Request To Incorporate New and Revised Structural Airworthiness
Limitations
Embraer requested that we include EMBRAER Temporary Revision (TR)
5-5, dated May 24, 2012; and EMBRAER TR 5-7, dated August 12, 2012; to
Appendix A, Part 2, Airworthiness Limitation Inspections (ALI)--
Structures, of the EMBRAER 190 MRBR, MRB-1928, in the operators'
[[Page 73271]]
maintenance programs. Embraer points out that those TRs include
additional maintenance tasks that were approved in recent design
changes, which identify and mitigate potential premature structural
cracks.
We disagree. There have been numerous changes to the structural
inspection requirements intended to identify potential premature cracks
since the last structural airworthiness limitations (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 were mandated in FAA AD
2010-11-14, Amendment 39-16319 (75 FR 30277, June 1, 2010).
The requested changes would alter the actions currently required by
this AD, so additional rulemaking would be required. We find that
delaying this action would be inappropriate in light of the identified
unsafe condition.
In addition, we have contacted the ANAC, the aviation authority for
Brazil. ANAC has indicated it intends to mandate the maintenance
actions in Appendix A, Parts I, II, and IV of EMBRAER 190 MRBR, MRB-
1928, Revision 5, dated November 11, 2010; including EMBRAER TR 5-3,
dated November 11, 2010; and EMBRAER TR 5-6, dated November 11, 2010,
in addition to the TRs referred to by the commenter. These new
maintenance actions include certification maintenance requirements
(CMRs) and life-limited parts, in addition to the structural
inspections from the TRs referred to by the commenter. As we stated
previously, we consider that to delay this AD action would be
inappropriate, since we have determined that an unsafe condition
exists. When ANAC issues mandatory continued airworthiness instructions
that encompass all appropriate airworthiness limitations, including the
commenter's recommended action, we might consider additional
rulemaking. We have not changed the AD in this regard.
Explanation of Changes Made to This AD
We have deleted Note 1 to paragraph (g)(1) of the NPRM (77 FR
33334, June 6, 2012). Instead, we have added the same information in
paragraph (g)(2) of this AD.
We also revised the compliance times specified in table 1 to
paragraph (g)(1) of this AD to correctly identify the effective date of
AD 2010-11-14, Amendment 39-16319 (75 FR 30277, June 1, 2010).
Conclusion
We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously and minor editorial changes.
We have determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM (77 FR 33334, June 6, 2012) for correcting the unsafe condition;
and
Do not add any additional burden upon the public than was
already proposed in the NPRM (77 FR 33334, June 6, 2012).
Costs of Compliance
We estimate that this AD will 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 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 will take about 1 work-hour per product to
comply with the new basic requirements of this AD. The average labor
rate is $85 per work-hour. Based on these figures, we estimate the cost
of this AD to the 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 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. 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 AD and placed it in the AD docket.
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 the NPRM (77 FR 33334, June 6, 2012),
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of 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 removing airworthiness directive (AD)
2010-11-14, Amendment 39-16319 (75 FR 30277, June 1, 2010), and adding
the following new AD:
2012-23-09 Embraer S.A.: Amendment 39-17265. Docket No. FAA-2012-
0590; Directorate Identifier 2011-NM-112-AD.
(a) Effective Date
This airworthiness directive (AD) becomes effective January 14,
2013.
[[Page 73272]]
(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
airworthiness limitation section (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: Revision and Compliance Times
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 ALS of the Instructions for Continued Airworthiness (ICA) to
include the tasks specified in table 1 to paragraph (g)(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.
Table 1 to Paragraph (g)(1) of This AD--MRBR TRs and Tasks, With Compliance Times
----------------------------------------------------------------------------------------------------------------
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 July 6,
lower skin and 2010 (the effective date of AD
splices--internal. 2010-11-14, Amendment 39-16319
(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 July 6,
internal/external. 2010 (the effective date of AD
2010-11-14, Amendment 39-16319
(75 FR 30277, June 1, 2010)).
TR 2-5, dated December 6, 2007...... Wing stub spar 3-- 57-01-008-0004 500 flight cycles after July 6,
external. 2010 (the effective date of AD
2010-11-14, Amendment 39-16319
(75 FR 30277, June 1, 2010)).
TR 2-5, dated December 6, 2007...... Wing lower skin panel 57-10-007-0004 500 flight cycles after July 6,
stringers--internal. 2010 (the effective date of AD
2010-11-14, Amendment 39-16319
(75 FR 30277, June 1, 2010)).
TR 2-5, dated December 6, 2007...... Wing main box rib 11-- 57-10-012-0003 500 flight cycles after July 6,
internal. 2010 (the effective date of AD
2010-11-14, Amendment 39-16319
(75 FR 30277, June 1, 2010)).
TR 2-6, dated February 12, 2008..... Nose landing gear 53-10-021-0004 500 flight cycles after July 6,
wheel well metallic 2010 (the effective date of AD
structure. 2010-11-14, Amendment 39-16319
(75 FR 30277, June 1, 2010)).
----------------------------------------------------------------------------------------------------------------
(2) The actions required by paragraph (g)(1) of this AD may be
done by inserting a copy of 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, 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, dated December 6, 2007; and
EMBRAER TR 2-6, dated February 12, 2008, and these TRs may be
removed.
(3) 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)(3)(i)
and (g)(3)(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 to paragraph (g)(1) of this AD.
(ii) At the applicable compliance time specified in table 1 to
paragraph (g)(1) of this AD.
(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 to paragraph (g)(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
[[Page 73273]]
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, WA 98057-
3356; telephone (425) 227-2768; fax (425) 227-1149. Information may
be emailed to: [email protected]. 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,
effective June 16, 2011, and the service information specified in
paragraphs (k)(1) through (k)(4) of this AD, for related
information.
(1) EMBRAER Temporary Revision (TR) 2-5, dated December 6, 2007,
to Appendix A, Part 2--Airworthiness Limitation Inspections (ALI)--
Structures, of the EMBRAER 190 Maintenance Review Board Report, MRB-
1928.
(2) 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, 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.
(l) 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 the AD specifies otherwise.
(3) The following service information was approved for IBR on
January 14, 2013.
(i) 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.
(ii) Appendix A, Airworthiness Limitation (AL), of the EMBRAER
190 Maintenance Review Board Report, MRB-1928, Revision 5, dated
November 11, 2010.
(4) The following service information was approved for IBR on
July 6, 2012 (75 FR 30277, June 1, 2010).
(i) EMBRAER TR 2-5, dated December 6, 2007, to Appendix A, Part
2--Airworthiness Limitation Inspections (ALI)--Structures of the
EMBRAER 190 Maintenance Review Board Report, MRB-1928.
(ii) 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, MRB-1928.
(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 [email protected]; Internet http://www.flyembraer.com.
(6) You may review copies of the 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.
(7) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Renton, Washington, on November 13, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-28173 Filed 12-7-12; 8:45 am]
BILLING CODE 4910-13-P