AD 2017-21-09

[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Rules and Regulations]
[Pages 48921-48924]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2017-22779]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0697; Product Identifier 2017-NM-041-AD; Amendment 
39-19080; AD 2017-21-09]
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 adopting a new airworthiness directive (AD) for certain 
Embraer S.A. Model ERJ 170 airplanes and Model ERJ 190-100 STD, -100 
LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD was 
prompted by an evaluation by the design approval holder indicating that 
the forward pressure bulkhead is subject to widespread fatigue damage. 
This AD requires repetitive detailed inspections of the web aft face of 
the forward pressure bulkhead for any cracking and discrepancy, and 
repair if necessary. This AD also requires modification of the forward 
pressure bulkhead, which would terminate the inspections. We are 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective November 27, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 27, 
2017.

ADDRESSES: For service information identified in this final rule, 
contact Embraer S.A., Technical Publications Section (PC 060), Av. 
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos 
Campos--SP--Brazil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax 
+55 12 3927-7546; email <a href="/cdn-cgi/l/email-protection#8ce8e5fff8fee5eecce9e1eefeede9fea2efe3e1a2eefe"><span class="__cf_email__" data-cfemail="e084899394928982a0858d8292818592ce838f8dce8292">[email&#160;protected]</span></a>; Internet <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>. You may view this referenced service information at 
the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. 
For information on the availability of this material at the FAA, call 
425-227-1221. It is also available on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2017-
0697.

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> by searching for and locating Docket No. FAA-2017-

[[Page 48922]]

0697; 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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ana Martinez Hueto, Aerospace 
Engineer, International Section, Transport Standards Branch, FAA, 1601 
Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622; fax 
425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Embraer S.A. Model 
ERJ 170 airplanes and 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 July 17, 2017 (82 FR 32658) (``the NPRM'').
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2017-03-01, effective March 24, 2017 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Embraer S.A. 
Model ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 IGW, -
200 STD, -200 LR, and -200 IGW airplanes. The MCAI states:

    This [Brazilian] AD was prompted by an evaluation by the design 
approval holder indicating that the forward pressure bulkhead is 
subject to widespread fatigue damage. The modification required by 
this [Brazilian] AD is intended to support the airplane reaching its 
limit of validity (LOV) of the engineering data that support the 
established structural maintenance program. We are issuing this 
[Brazilian] AD to prevent fatigue cracking of the forward pressure 
bulkhead, which could result in reduced structural integrity of the 
airplane.

    Required actions include repetitive detailed inspections of the web 
aft face of the forward pressure bulkhead for any cracking and 
discrepancy (i.e., corrosion, dents, gauge marks, fastener anomalies); 
repair if necessary; and modification of the forward pressure bulkhead, 
which would terminate the repetitive inspections. You may examine the 
MCAI in the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by 
searching for and locating Docket No. FAA-2017-0697.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued the following service information, which 
describes Task 53-10-001-0005, an airworthiness limitation task for a 
detailed inspection of the web aft face of the forward pressure 
bulkhead for any cracking and discrepancies. These documents are 
distinct since they apply to different airplane models.
    <bullet> Embraer 170/175 MRB--Temporary Revision 12-3, dated 
September 19, 2016, to the Embraer 170/175 Maintenance Review Board 
Report, MRB-1621.
    <bullet> Embraer 190/195 MRB--Temporary Revision 10-4, dated 
September 19, 2016, to the Embraer 190/195 Maintenance Review Board 
Report, MRB-1928.
    Embraer S.A. has issued the following service information, which 
describes procedures for modifying the forward pressure bulkhead. These 
documents are distinct since they apply to different airplane models.
    <bullet> Embraer Service Bulletin 170-53-0051, Revision 03, dated 
August 21, 2013.
    <bullet> Embraer Service Bulletin 190-53-0019, Revision 03, dated 
August 21, 2013.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 482 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                        Labor cost              Parts cost         Cost per product                Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection........................  1 work-hour x $85 per      $0..................  $85 per inspection    $40,970 per inspection cycle.
                                     hour = $85 per                                   cycle.
                                     inspection cycle.
Modification......................  158 work-hours x $85 per   Up to $13,409.......  Up to $26,839.......  Up to $12,936,398.
                                     hour = $13,430.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C.

[[Page 48923]]

In accordance with that order, issuance of ADs is normally a function 
of the Compliance and Airworthiness Division, but during this 
transition period, the Executive Director has delegated the authority 
to issue ADs applicable to transport category airplanes to the Director 
of the System Oversight Division.

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.

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 adding the following new airworthiness 
directive (AD):

2017-21-09 Embraer S.A.: Amendment 39-19080; Docket No. FAA-2017-
0697; Product Identifier 2017-NM-041-AD.

(a) Effective Date

    This AD is effective November 27, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE., and -
100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD 
airplanes; as identified in Embraer Service Bulletin 170-53-0051, 
Revision 03, dated August 21, 2013.
    (2) 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; as identified in Embraer Service Bulletin 190-53-0019, 
Revision 03, dated August 21, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by an evaluation by the design approval 
holder indicating that the forward pressure bulkhead is subject to 
widespread fatigue damage. We are issuing this AD to prevent fatigue 
cracking of the forward pressure bulkhead, 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) Repetitive Inspections and Repairs

    Before the accumulation of 25,954 total flight cycles, or within 
3,600 flight cycles after the effective date of this AD, whichever 
occurs later: Do a detailed inspection of the web aft face of the 
forward pressure bulkhead for any cracking and discrepancy (i.e., 
corrosion, dents, gauge marks, fastener anomalies), in accordance 
with Task 53-10-001-0005 specified in Embraer 170/175 MRB--Temporary 
Revision 12-3, dated September 19, 2016, to the Embraer 170/175 
Maintenance Review Board Report, MRB-1621; or Task 53-10-001-0005 
specified in Embraer 190/195 MRB--Temporary Revision 10-4, dated 
September 19, 2016, to the Embraer 190/195 Maintenance Review Board 
Report, MRB-1928; as applicable. Repeat the inspection thereafter at 
intervals not to exceed 6,489 flight cycles. If any cracking or 
discrepancy is found during any inspection required by this 
paragraph, before further flight, repair the forward pressure 
bulkhead using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized 
Designee. If approved by the ANAC Designee, the approval must 
include the Designee's authorized signature.

(h) Modification of the Forward Pressure Bulkhead

    Before the accumulation of 38,931 total flight cycles: Modify 
the forward pressure bulkhead, in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 170-53-0051, Revision 03, 
dated August 21, 2013; or Embraer Service Bulletin 190-53-0019, 
Revision 03, dated August 21, 2013; as applicable. Accomplishing the 
modification required by this paragraph terminates the requirements 
of paragraph (g) of this AD.

(i) Credit for Previous Actions

    (1) This paragraph provides credit for the actions applicable to 
Model ERJ 170 airplanes required by paragraph (h) of this AD, if 
those actions were performed before the effective date of this AD, 
using the service information specified in paragraph (i)(1)(i), 
(i)(1)(ii), or (i)(1)(iii) of this AD.
    (i) Embraer Service Bulletin 170-53-0051, dated February 26, 
2010.
    (ii) Embraer Service Bulletin 170-53-0051, Revision 01, dated 
May 25, 2011.
    (iii) Embraer Service Bulletin 170-53-0051, Revision 02, May 28, 
2012.
    (2) This paragraph provides credit for actions applicable to 
Model ERJ 190 airplanes required by paragraph (h) of this AD, if 
those actions were performed before the effective date of this AD, 
using the service information specified in paragraph (i)(2)(i), 
(i)(2)(ii), or (i)(2)(iii) of this AD.
    (i) Embraer Service Bulletin 190-53-0019, dated February 26, 
2010.
    (ii) Embraer Service Bulletin 190-53-0019, Revision 01, dated 
May 25, 2011.
    (iii) Embraer Service Bulletin 190-53-0019, Revision 02, dated 
May 28, 2012.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (k)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#7a43573b3437574b4b4c573b37353957283f2b2f3f292e293a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="c3faee828d8eeef2f2f5ee828e8c80ee918692968690979083a5a2a2eda4acb5">[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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the ANAC; or ANAC's 
authorized Designee. If approved by the ANAC Designee, the approval 
must include the Designee's authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian AD 2017-03-01, dated March 24, 2017, for related 
information. This MCAI may be found in the AD docket on the Internet 
at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket 
No. FAA-2017-0697.
    (2) For more information about this AD, contact Ana Martinez 
Hueto, Aerospace Engineer, International Section, Transport 
Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1622; fax 425-227-1149.
    (3) Service information identified in this AD that is not 
incorporated by reference is

[[Page 48924]]

available at the addresses specified in paragraphs (l)(3) and (l)(4) 
of this AD.

(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 this AD specifies otherwise.
    (i) Embraer 170/175 MRB--Temporary Revision 12-3, dated 
September 19, 2016, to the Embraer 170/175 Maintenance Review Board 
Report, MRB-1621.
    (ii) Embraer 190/195 MRB--Temporary Revision 10-4, dated 
September 19, 2016, to the Embraer 190/195 Maintenance Review Board 
Report, MRB-1928.
    (iii) Embraer Service Bulletin 170-53-0051, Revision 03, dated 
August 21, 2013.
    (iv) Embraer Service Bulletin 190-53-0019, Revision 03, dated 
August 21, 2013.
    (3) 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#32565b4146405b5072575f50405357401c515d5f1c5040"><span class="__cf_email__" data-cfemail="adc9c4ded9dfc4cfedc8c0cfdfccc8df83cec2c083cfdf">[email&#160;protected]</span></a>; Internet <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>.
    (4) You may view this service information at the FAA, Transport 
Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.
    (5) 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 October 12, 2017.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2017-22779 Filed 10-20-17; 8:45 am]
 BILLING CODE 4910-13-P