AD 2012-23-09

[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-28173]


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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; 
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.

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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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 33334, June 6, 2012) for correcting the unsafe condition; 
and
    <bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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: <a href="/cdn-cgi/l/email-protection#a69f8be7e8eb8b9797908be7ebe9e58bf4e3f7f3e3f5f2f5e6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="675e4a26292a4a5656514a262a28244a35223632223433342701060649000811">[email&#160;protected]</span></a>. 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 <a href="/cdn-cgi/l/email-protection#82e6ebf1f6f0ebe0c2e7efe0f0e3e7f0ace1edeface0f0"><span class="__cf_email__" data-cfemail="65010c1611170c0725000807170400174b060a084b0717">[email&#160;protected]</span></a>; Internet <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    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