AD 2019-19-03

[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50734-50736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-20894]



[[Page 50734]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0325; Product Identifier 2019-NM-038-AD; Amendment 
39- 19739; AD 2019-19-03]
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: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 170 airplanes; Model ERJ 190-100 STD, -
100 LR, -100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -
200 LR, and -200 IGW airplanes. This AD was prompted by reports of the 
ram air turbine (RAT) compartment door seal peeling off and tangling up 
on the RAT rotor during flight test. This AD requires a general visual 
inspection for peeling-off of the RAT compartment door seal, bonding if 
necessary, and the rework of the RAT compartment door seal attachment. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective October 31, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 31, 
2019.

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--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax 
+55 12 3927-7546; email <a href="/cdn-cgi/l/email-protection#1a7e73696e6873785a7f7778687b7f6834797577347868"><span class="__cf_email__" data-cfemail="e2868b9196908b80a2878f8090838790cc818d8fcc8090">[email&#160;protected]</span></a>; internet <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>. You may view this service information at the FAA, 
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 206-
231-3195. 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-2019-
0325.

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-2019-
0325; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is 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: Krista Greer, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221.

SUPPLEMENTARY INFORMATION: 

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian AD 
2019-02-02, dated February 28, 2019 (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; Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW 
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. 
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-2019-
0325.
    The FAA 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; Model ERJ 190-100 STD, -100 LR, -100 ECJ, and 
-100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW 
airplanes. The NPRM published in the Federal Register on May 29, 2019 
(84 FR 24730). The NPRM was prompted by reports of the RAT compartment 
door seal peeling off and tangling up on the RAT rotor during flight 
test. The NPRM proposed to require a general visual inspection for 
peeling-off of the RAT compartment door seal, bonding if necessary, and 
the rework of the RAT compartment door seal attachment.
    The FAA is issuing this AD to address the possible loss of the RAT 
function, which, when associated with an emergency electrical event, 
can result in the loss of airplane controllability. See the MCAI for 
additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment. The Air 
Line Pilots Association, International (ALPA) expressed support for the 
NPRM.

Request To Extend Compliance Time

    JetBlue Airways and SkyWest Airlines Inc. requested an extension of 
the compliance time in paragraph (g)(1) of the proposed AD from 750 
flight hours to 2,500 flight hours or 12 months. The commenters 
asserted that the new interval would align with the scheduled 
Maintenance Review Board tasks on the RAT, and that performing the AD 
at the same time as scheduled tasks would decrease the logistical 
burden of compliance.
    The FAA disagrees with the commenters' request because the proposal 
contains no justification to show that an acceptable level of safety 
would be maintained. The FAA may, however, consider approving a longer 
compliance time as an alternative method of compliance (AMOC) with 
paragraph (g)(1) of this AD if sufficient substantiation is provided to 
show an acceptable level of safety. This AD has not been changed in 
this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for minor 
editorial changes. The FAA has determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing 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 Service Bulletin SB170-53-0142, Revision 
01, dated December 12, 2018; Service Bulletin SB190-53-0098, Revision 
01, dated December 12, 2018; and Service Bulletin SB190LIN-53-0072, 
Revision 01, dated January 9, 2019. This service information describes 
procedures for an inspection of the RAT compartment door seal, bonding, 
and rework of the RAT compartment door seal attachment, which includes 
installing fasteners around the RAT door seal attachment. These 
documents are distinct since they apply to different airplane models. 
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.

[[Page 50735]]

Costs of Compliance

    The FAA estimates that this AD affects 570 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255         $145,350
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data that would enable the agency to provide a parts cost estimate for the
  actions specified in this AD.

    The FAA has received no definitive data that would enable the 
agency 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.
    The FAA is 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. 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 and 
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

    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) Will not affect intrastate aviation in Alaska, and
    (3) 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):

2019-19-03 Embraer S.A.: Amendment 39-19739; Docket No. FAA-2019-
0325; Product Identifier 2019-NM-038-AD.

(a) Effective Date

    This AD is effective October 31, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. airplanes, identified in 
paragraphs (c)(1) through (3) of this AD, certificated in any 
category.
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes; and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL 
airplanes, as identified in Embraer Service Bulletin SB170-53-0142, 
Revision 01, dated December 12, 2018.
    (2) Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and 
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes, as identified in 
Embraer Service Bulletin SB190-53-0098, Revision 01, dated December 
12, 2018.
    (3) Model ERJ 190-100 ECJ airplanes, as identified in Embraer 
Service Bulletin SB190LIN-53-0072, Revision 01, dated January 9, 
2019.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of the ram air turbine (RAT) 
compartment door seal peeling off and tangling up on the RAT rotor 
during flight test. The FAA is issuing this AD to address the 
possible loss of the RAT function, which, when associated with an 
emergency electrical event, could result in the loss of airplane 
controllability.

(f) Compliance

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

(g) Inspection and Rework

    (1) For airplanes identified in paragraph (c)(1) of this AD: 
Within 750 flight hours after the effective date of this AD, do a 
general visual inspection of the RAT compartment door seal for 
peeling-off conditions (disbonding), do all applicable bonding, and 
rework the RAT compartment door seal attachment, in accordance with 
the Accomplishment Instructions of the service information 
identified in paragraph (c)(1) of this AD. Do all applicable bonding 
before further flight.
    (2) For airplanes identified in paragraph (c)(2) of this AD: 
Within 750 flight hours after the effective date of this AD, do a 
general visual inspection of the RAT compartment door seal for 
peeling-off conditions (disbonding), do all applicable bonding, and 
rework the RAT compartment door seal attachment, in accordance with 
the Accomplishment Instructions of the service information 
identified in paragraph (c)(2) of this AD. Do all applicable bonding 
before further flight.
    (3) For airplanes identified in paragraph (c)(3) of this AD: 
Within 400 flight hours or 6 months after the effective date of this 
AD, whichever occurs first, do a general visual inspection of the 
RAT compartment door seal for peeling-off conditions (disbonding), 
do all applicable bonding, and rework the RAT compartment door seal 
attachment, in accordance with the Accomplishment Instructions of 
the service information identified in paragraph (c)(3) of this AD. 
Do all applicable bonding before further flight.

[[Page 50736]]

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Embraer Service Bulletin 170-53-0142, dated 
December 8, 2017; Embraer Service Bulletin 190-53-0098, dated 
December 8, 2017; or Embraer Service Bulletin 190LIN-53-0072, dated 
December 15, 2017; as applicable.

(i) 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 (j)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#2910046867640418181f046864666a047b6c787c6c7a7d7a694f4848074e465f"><span class="__cf_email__" data-cfemail="dee7f39f9093f3efefe8f39f93919df38c9b8f8b9b8d8a8d9eb8bfbff0b9b1a8">[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 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.
    (3) Required for Compliance (RC): Except as specified by 
paragraphs (g) and (i)(2) of this AD: For service information that 
contains steps that are labeled as RC, the provisions of paragraphs 
(i)(3)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian AD 2019-02-02, dated February 28, 2019, 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-2019-0325.
    (2) For more information about this AD, contact Krista Greer, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3221.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (k)(3) and (4) of this AD.

(k) 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 Service Bulletin SB170-53-0142, Revision 01, dated 
December 12, 2018.
    (ii) Embraer Service Bulletin SB190-53-0098, Revision 01, dated 
December 12, 2018.
    (iii) Embraer Service Bulletin 190LIN-53-0072, Revision 01, 
dated January 9, 2019.
    (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#a3c7cad0d7d1cac1e3c6cec1d1c2c6d18dc0ccce8dc1d1"><span class="__cf_email__" data-cfemail="5a3e33292e2833381a3f3738283b3f2874393537743828">[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, 2200 South 216th St., Des Moines, WA. For 
information on the availability of this material at the FAA, call 
206-231-3195.
    (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, email <a href="/cdn-cgi/l/email-protection#046261607661632a6861636568446a6576652a636b72"><span class="__cf_email__" data-cfemail="482e2d2c3a2d2f66242d2f29240826293a29662f273e">[email&#160;protected]</span></a>, 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 Des Moines, Washington, on September 16, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-20894 Filed 9-25-19; 8:45 am]
 BILLING CODE 4910-13-P