Published 2020-01-06 · Federal Register document 2019-28466
Airworthiness Directives; Embraer S.A. Airplanes
Publication summary
The FAA is superseding Airworthiness Directive (AD) 2017-06- 08, which applied to certain 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. AD 2017-06-08 required revising the existing maintenance or inspection program, as applicable, to incorporate more restrictive airworthiness limitations. This AD continues to require that revision; adds a new requirement for revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations; and adds airplanes to the applicability. Since the FAA issued AD 2017-06-08, the agency determined that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address the unsafe condition on these products.
Why this record is shown
Source: Federal Register annual FAA metadata. Acquired 2026-09-03T22:24:04.586324+00:00. The title, summary and date are source facts.
- Source revision
- federal_register_ad_metadata_2020-f01fbc4d7ab3dbaa
- Source row
- results[4]
- Raw source SHA-256
- f01fbc4d7ab3dbaae6a412acd9ff6cece48db77a6a882e46e8f8087200be3837
Final-rule publication
Recorded publication clauses
- AD identifier printed in this edition
- 2019-25-16
- Effective date printed in this edition
- 2020-02-10
Read 13 complete recorded clauses
Effective Date
(a) Effective Date
This AD is effective February 10, 2020.
Exact source excerpt. Text positions 18616–18681, end exclusive, in the original decoded publication. SHA-256: 23c8e540cb1a30b381be78b8a47c0408e82e973530fa6bb9a9061b37409845c8
Affected ADs
(b) Affected ADs
This AD replaces AD 2017-06-08, Amendment 39-18832 (82 FR 16725,
April 6, 2017) (``AD 2017-06-08'').
Exact source excerpt. Text positions 18681–18806, end exclusive, in the original decoded publication. SHA-256: 1c944d557903de4fa9abe61e0ea8daea2f8185c576a07be5fc81e7d8326d8e12
Applicability wording · Applicability
(c) Applicability
This AD applies to Embraer S.A. 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; certificated in any category;
manufacturer serial numbers 17000002, 17000004 through 17000013
inclusive, and 17000015 through 17000761 inclusive.
Exact source excerpt. Text positions 18806–19144, end exclusive, in the original decoded publication. SHA-256: fa800c22365c55cf940726be4302c8438fdafb72e3b21b3e9a44ad3e6f7823bc
Subject
(d) Subject
Air Transport Association (ATA) of America Codes 27, Flight
controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons;
55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.
Exact source excerpt. Text positions 19144–19351, end exclusive, in the original decoded publication. SHA-256: 57f19fdf8419cbee2cdac196723c7e6d66bb1e7959c5220c4b428b894e4f7bd0
Reason
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking of various principal
structural elements (PSEs); such cracking could result in reduced
structural integrity of the airplane. The FAA is also issuing this
AD to prevent safety significant latent failures; such failures, in
combination with one or more other specified failures or events,
could result in a hazardous or catastrophic failure condition of
avionics, hydraulic systems, fire detection systems, fuel systems,
or other critical systems. Furthermore, the FAA is issuing this AD
to address potential ignition sources inside fuel tanks caused by
latent failures, alterations, repairs, or maintenance actions; such
failures, in combination with flammable fuel vapors, could result in
fuel tank explosions and consequent loss of the airplane.
Exact source excerpt. Text positions 19351–20293, end exclusive, in the original decoded publication. SHA-256: 2eb5c0eb025664d77803ed717a764cdc14d0198eae5faef9e51c6322d7b1ad92
Compliance
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
Exact source excerpt. Text positions 20293–20395, end exclusive, in the original decoded publication. SHA-256: 00fbfa31932483f627d0ce0a11cbd2e35e15d9231842b91ac85623ce533912d3
Retained Revision of Maintenance or Inspection Program, With No Changes
(g) Retained Revision of Maintenance or Inspection Program, With No
Changes
This paragraph restates the requirements of paragraph (i) of AD
2017-06-08, with no changes. For 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; manufacturer serial numbers 17000002,
17000004 through 17000013 inclusive, and 17000015 through 17000453
inclusive: Within 12 months after May 11, 2017 (the effective date
of AD 2017-06-08), revise the existing maintenance or inspection
program, as applicable, to incorporate the airworthiness limitations
specified in Part 1--Certification Maintenance Requirements (CMR);
Part 2--Airworthiness Limitation Inspections (ALI)-Structures; Part
3--Fuel System Limitation Items (FSL); and Part 4--Life Limited
Items (LLI); of Appendix A--Airworthiness Limitations; of the
EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB-1621,
Revision 10, dated February 23, 2015. The initial compliance times
and repetitive intervals are specified in the applicable part of the
EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 23,
2015.
Exact source excerpt. Text positions 20395–21553, end exclusive, in the original decoded publication. SHA-256: 04614149e4108ac0c474f85e958f32472da78fa509efc17e4c39dd8d6ea6601a
Retained No Alternative Actions Intervals, and/or Critical Design Configuration Control Limitations (CDCCLs), With New Exception
(h) Retained No Alternative Actions Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs), With New Exception
This paragraph restates the action required by paragraph (j) of
AD 2017-06-08, with a new exception. Except as required by paragraph
(i) of this AD, after accomplishing the revisions required by
paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k)(1) of this AD.
Exact source excerpt. Text positions 21553–22175, end exclusive, in the original decoded publication. SHA-256: 3d1d6e7e73f106ffe41a48c7bf2d5cf18cad00a77038e6bae16e60ff1f9da928
New Existing Maintenance or Inspection Program Revision
(i) New Existing Maintenance or Inspection Program Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Part 1--Certification
Maintenance Requirements, Part 2--Airworthiness Limitation
Inspections (ALI)-Structures, Part 3--Fuel System Limitation Items,
and Part 4--Life Limited Items; and EMBRAER Temporary Revision (TR)
14-1, dated November 13, 2018, to part 4--Life Limited Items; of
Appendix A of the EMBRAER 170/175 MRBR, MRB-1621, Revision 14, dated
September 27, 2018 (``EMBRAER 170/175 MRB-1621, Revision 14''). The
initial compliance time for doing the tasks is at the later of the
times specified in paragraphs (i)(1) and (2) of this AD.
Accomplishing the revision required by this paragraph terminates the
requirements of paragraph (g) of this AD.
(1) Within the applicable times specified in EMBRAER 170/175
MRB-1621, Revision 14. For the purposes of this AD, the initial
compliance times (identified as ``Threshold'' or ``T'' in EMBRAER
170/175 MRB-1621, Revision 14) are expressed in ``total flight
cycles'' or ``total flight hours,'' as applicable.
(2) Within 90 days or 600 flight cycles after the effective date
of this AD, whichever occurs later.
Exact source excerpt. Text positions 22175–23492, end exclusive, in the original decoded publication. SHA-256: 4b9cc8a5dd8918ad17f11c57a893639189cdb14cd624eefe5de480953e02668a
No Alternative Actions, Intervals, or CDCCLs
(j) No Alternative Actions, Intervals, or CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an AMOC in
accordance with the procedures specified in paragraph (k)(1) of this
AD.
Exact source excerpt. Text positions 23492–23882, end exclusive, in the original decoded publication. SHA-256: 7e8931abbcd712ab6c78267f5647dc0022b1b6c5138d72148ff4f6cb7a387d8a
Other FAA AD Provisions
(k) Other FAA AD Provisions
(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 (l)(2) of this AD. Information
may be emailed to [email protected].
(i) 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.
(ii) Brazilian AMOC No. 632/2019/GCPR/GGCP/SAR-ANAC, dated June
13, 2019, is
[[Page 457]]
approved as an AMOC for the corresponding provisions of this AD.
(2) Contacting the Manufacturer: As of the effective date of
this AD, 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 ANAC; or ANAC's authorized Designee. If approved by
the ANAC Designee, the approval must include the Designee's
authorized signature.
Exact source excerpt. Text positions 23882–25281, end exclusive, in the original decoded publication. SHA-256: 1dd0497d85baa94d8fb15cabf4cee8bba9784403830810b37d1d2a246af99674
Related Information
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian AD 2019-05-01, effective May 2, 2019; corrected
July 1, 2019; for related information. This MCAI may be found in the
AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0499.
(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; email [email protected].
Exact source excerpt. Text positions 25281–25868, end exclusive, in the original decoded publication. SHA-256: 6e2be5b06e39edc5b8e01611e4a59ea97fcd903cf1063f1d4a8af65d7baf08fe
Material Incorporated by Reference
(m) 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.
(3) The following service information was approved for IBR on
February 10, 2020.
(i) Appendix A--Airworthiness Limitations of EMBRAER 170/175
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated
September 27, 2018.
(ii) Embraer Temporary Revision (TR) 14-1, dated November 13,
2018, to Part 4--Life Limited Items, of Appendix A of EMBRAER 170/
175 Maintenance Review Board Report (MRBR), MRB-1621, Revision 14,
dated September 27, 2018.
(4) The following service information was approved for IBR on
May 11, 2017 (82 FR 16725, April 6, 2017).
(i) Appendix A--Airworthiness Limitations, of the EMBRAER 170/
175 Maintenance Review Board Report (MRBR), MRB-1621, Revision 10,
dated February 23, 2015.
(ii) [Reserved]
(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-Brazil; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email [email protected]; internet https://www.flyembraer.com.
(6) 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.
(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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Exact source excerpt. Text positions 25868–27848, end exclusive, in the original decoded publication. SHA-256: 7950dd37ee4d1aa4b81ef1e281ec891f0eb8f19ddabee8e9f3b940f4d2abbdc2
Explicit historical replacement wording
Find all recorded historical references to AD 2019-25-16 · 1 printed reference observations in this pinned collection.
These are observations from one dated publication. Current legal status is unknown; aircraft applicability, installed configuration, compliance and burden require separate evidence. Missing or unparsed conditions remain unknown.
Why these observations are shown
They were extracted offline from the same immutable official HTML source as the complete recorded text. The dated source wording, original text coordinates and exact quote digests are retained. PDF/text agreement and current regulatory effect have not been qualified.
Observation revision: whole-ad-publication-clause-observations-1.0.1. Text SHA-256: 55a1bf6e11db09547c8f3a73a9cd39054cb24c879b7398d4daf3f700c40a65a9. Source manifest: 0467d799f82def6190b07fc9d50ce12e691d0ce1b9a328bf44497fb208b1c02c.
Official source · 2020-01-06
Publication text
This is the complete recorded text of this dated publication.
Current legal effect is unknown. Aircraft applicability, installed configuration and compliance require separate evidence. PDF/text agreement has not been evaluated.
Read the complete official publication text
[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Rules and Regulations]
[Pages 453-457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28466]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0499; Product Identifier 2019-NM-088-AD; Amendment
39-21015; AD 2019-25-16]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2017-06-
08, which applied to certain 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. AD 2017-06-08 required revising the existing
maintenance or inspection program, as applicable, to incorporate more
restrictive airworthiness limitations. This AD continues to require
that revision; adds a new requirement for revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations; and adds airplanes to the
applicability. Since the FAA issued AD 2017-06-08, the agency
determined that new or more restrictive airworthiness limitations are
necessary. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective February 10, 2020.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 10,
2020.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of May
11, 2017 (82 FR 16725, April 6, 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 [email protected]; internet https://www.flyembraer.com. You may view this referenced 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
[[Page 454]]
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2019-0499.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0499; 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; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The Ag[ecirc]encia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian AD
2019-05-01, effective May 2, 2019; corrected July 1, 2019 (``Brazilian
AD 2019-05-01'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''); to correct an unsafe
condition for certain Embraer S.A. Model ERJ 170 airplanes. You may
examine the MCAI in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0499.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2017-06-08, Amendment 39-18832 (82 FR
16725, April 6, 2017) (``AD 2017-06-08''). AD 2017-06-08 applied to
certain 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. The NPRM published in the Federal Register on July 1, 2019
(84 FR 31246). The NPRM was prompted by a determination that new or
more restrictive airworthiness limitations are necessary. The NPRM
proposed to continue to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The NPRM also proposed to
require a new revision of the existing maintenance or inspection
program, as applicable, to incorporate additional new or more
restrictive airworthiness limitations, and to add airplanes to the
applicability. The FAA is issuing this AD to address fatigue cracking
of various principal structural elements (PSEs); such cracking could
result in reduced structural integrity of the airplane. The FAA is also
issuing this AD to prevent safety significant latent failures; such
failures, in combination with one or more other specified failures or
events, could result in a hazardous or catastrophic failure condition
of avionics, hydraulic systems, fire detection systems, fuel systems,
or other critical systems. Furthermore, the FAA is issuing this AD to
address potential ignition sources inside fuel tanks caused by latent
failures, alterations, repairs, or maintenance actions; such failures,
in combination with flammable fuel vapors, could result in fuel tank
explosions and consequent loss of the airplane. See the MCAI for
additional background information.
Action Since the NPRM Was Issued
Since the NPRM was issued ANAC published a correction to Brazilian
AD 2019-05-01 to clarify that the initial compliance times identified
as ``Threshold'' or ``T'' in EMBRAER 170/175 Maintenance Review Board
Report (MRBR), MRB-1621, Revision 14, dated September 27, 2018
(``EMBRAER 170/175 MRB-1621, Revision 14''), are expressed in total
flight cycles and total flight hours. The FAA has revised paragraph
(i)(1) of this AD to state ``For the purposes of this AD, the initial
compliance times (identified as `Threshold' or `T' in EMBRAER 170/175
MRB-1621, Revision 14) are expressed in `total flight cycles' or `total
flight hours,' as applicable.''
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.
Request To Revise/Remove Initial Compliance Time for New Maintenance
Tasks
Republic Airways, Inc., (Republic) requested that the compliance
time specified in paragraph (i)(1) of the proposed AD be revised to
more closely reflect the requirements of Brazilian AD 2019-05-01. The
commenter also requested that the 90-day initial compliance time
specified in paragraph (i)(2) of the proposed AD be removed. The
commenter noted that Brazilian AD 2019-05-01 does not include a
calendar day compliance time. The commenter asserted that a 90-day
compliance time could require accomplishment of the tasks before they
are required to be included in the maintenance program.
The FAA agrees to clarify the compliance times specified in this
AD. The compliance time in paragraph (a)(1) of Brazilian AD 2019-05-01
requires operators to revise the maintenance or inspection program, as
applicable, within three months after the effective date of that
Brazilian AD. Paragraph (i) of this AD requires revising the existing
maintenance or inspection program, as applicable, within 90 days after
the effective date of this AD. The FAA typically specifies AD
compliance times for revisions to the maintenance or inspection program
as 90 days. Therefore, the FAA has not revised this AD regarding this
issue.
Regarding the initial compliance time for doing the new tasks,
paragraph (a)(3) of Brazilian AD 2019-05-01 states that the initial
compliance time is at the applicable times specified in the revised
maintenance program or within 600 flight cycles after the effective
date of Brazilian AD 2019-05-01. Paragraph (i) of this AD states that
the operator may choose to use the later of the compliance times
specified in paragraphs (i)(1) and (2) of this AD. Paragraph (i)(1) of
this AD states the initial compliance time is ``within the applicable
times specified in EMBRAER 170/175 MRB-1621, Revision 14.'' Paragraph
(i)(2) of this AD states the initial compliance time is ``within 90
days or 600 flight cycles after the effective date of this AD,
whichever occurs later.'' The compliance time specified in paragraph
(i)(2) of this AD matches the compliance time in paragraph (a)(3) of
Brazilian AD 2019-05-01, along with an additional 90-day compliance
time for operators who may reach the 600 flight cycles early (i.e.,
before reaching 90 days). The 90-day compliance time is intended to
provide relief for this scenario. Therefore, the FAA has not revised
this AD regarding this issue.
Request To Allow Alternative Actions/Intervals in Subsequent Service
Information
Horizon Air requested that paragraph (j) of the proposed AD be
revised to allow for alternative actions and intervals provided in
subsequent revisions of the identified service information. The
commenter explained that paragraph (b) of Brazilian AD 2019-05-01
allows for alternative actions and intervals if the alternative action
or interval is published in a subsequent
[[Page 455]]
revision of EMBRAER 170/175 MRB-1621 and approved by ANAC. The
commenter noted that Revision 15 to EMBRAER 170/175 MRB-1621 was issued
June 28, 2019, and that there is no current temporary revision to this
manual.
The FAA agrees with the commenter's observation that EMBRAER 170/
175 MRB-1621, Revision 15, dated June 28, 2019 (``EMBRAER 170/175 MRB-
1621, Revision 15''), was approved by ANAC. Changes in EMBRAER 170/175
MRB-1621, Revision 15, include incorporation of the life-limited item
provided in EMBRAER Temporary Revision (TR) 14-1, dated November 13,
2018 (``EMBRAER TR 14-1''). Therefore, the same level of safety is
maintained by incorporating the information in EMBRAER 170/175 MRB-
1621, Revision 15, as incorporating the information in Part 1--
Certification Maintenance Requirements, Part 2--Airworthiness
Limitation Inspections (ALI)-Structures, Part 3--Fuel System Limitation
Items, and Part 4--Life Limited Items; and EMBRAER TR 14-1 to Part 4--
Life Limited Item; of Appendix A--Airworthiness Limitations of EMBRAER
170/175 MRB-1621, Revision 14.
Once the information in EMBRAER 170/175 MRB-1621, Revision 14, has
been included in the general revisions of the EMBRAER 170/175
Maintenance Review Board Report, and the general revisions have been
inserted into the maintenance or inspection program, as applicable, the
requirement in paragraph (i)(1) of this AD is satisfied. Since EMBRAER
170/175 MRB-1621, Revision 15, contains the same information relative
to this issue that is specified in both EMBRAER 170/175 MRB-1621,
Revision 14, and EMBRAER TR 14-1, a request for an AMOC is not
necessary. The FAA has not revised this AD regarding this issue.
Requests for Credit for Previously Accomplished Actions
Embraer and Republic Airways requested that operators be allowed to
substitute the last accomplishment of tasks 53-23-014-0001 and 53-23-
016-0001 for performing the initial accomplishment of tasks 53-23-014-
005 and 53-23-016-0005. Republic Airways justified its request by
explaining that tasks 53-23-014-0005 and 53-23-016-0005 were introduced
in EMBRAER 170/175 MRB-1621, Revision 14, splitting existing tasks from
previous EMBRAER 170/175 MRB-1621 revisions in order to increase the
interval for some parts of the inspection reducing the frequency of
access in areas that are difficult to access. Republic Airways noted
that tasks 53-23-014-0001 and 53-23-016-0001 in EMBRAER 170/175 MRB-
1621, Revision 13, dated May 10, 2017, and earlier revisions, included
the same inspections as tasks 53-23-014-0005 and 53-23-016-0005. The
commenters pointed out that ANAC granted an AMOC to Brazilian AD 2019-
05-01 to provide credit for previously accomplished inspections,
provided that the inspections included the area under the scuff plates.
The FAA agrees with the commenters' requests for the reasons
provided. The FAA has included Brazilian AMOC No. 632/2019/GCPR/GGCP/
SAR-ANAC, dated June 13, 2019, in paragraph (k)(1)(ii) of this AD as an
approved AMOC for the corresponding provision of this AD. The FAA finds
that inclusion of this superseding AMOC addresses the commenters'
requests.
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 with the changes described previously
and minor editorial changes. The FAA 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.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
Embraer has issued Appendix A--Airworthiness Limitations, to
EMBRAER 170/175 MRB-1621, Revision 14, dated September 27, 2018. This
service information describes airworthiness limitations.
Embraer has also issued EMBRAER TR 14-1, to Part 4--Life-Limited
Items, of Appendix A--Airworthiness Limitations, of the EMBRAER 170/175
MRB-1621, Revision 14, dated September 27, 2018. This service
information describes, in Table 1 of the life-limited items, a new part
number associated with main landing gear (MLG) life-limited components.
This AD also requires Appendix A--Airworthiness Limitations, of the
EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 23, 2015,
which the Director of the Federal Register approved for incorporation
by reference on May 11, 2017 (82 FR 16725, April 6, 2017).
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
The FAA estimates that this AD affects 540 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD.
The actions that are required by AD 2017-06-08 and retained in this
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
2017-06-08 is $85 per product.
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. In the past the FAA has estimated that this action takes 1
work-hour per airplane. Since operators incorporate maintenance or
inspection program changes for their affected fleet(s), the FAA has
determined that a per-operator estimate is more accurate than a per-
airplane estimate. Therefore, the FAA estimates the total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
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
[[Page 456]]
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
The FAA 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) 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 removing Airworthiness Directive (AD)
2017-06-08, Amendment 39-18832 (82 FR 16725, April 6, 2017), and adding
the following new AD:
2019-25-16 Embraer S.A.: Amendment 39-21015; Docket No. FAA-2019-
0499; Product Identifier 2019-NM-088-AD.
(a) Effective Date
This AD is effective February 10, 2020.
(b) Affected ADs
This AD replaces AD 2017-06-08, Amendment 39-18832 (82 FR 16725,
April 6, 2017) (``AD 2017-06-08'').
(c) Applicability
This AD applies to Embraer S.A. 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; certificated in any category;
manufacturer serial numbers 17000002, 17000004 through 17000013
inclusive, and 17000015 through 17000761 inclusive.
(d) Subject
Air Transport Association (ATA) of America Codes 27, Flight
controls; 28, Fuel; 52, Doors; 53, Fuselage; 54, Nacelles/pylons;
55, Stabilizers; 57, Wings; 71, Powerplant; and 78, Exhaust.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking of various principal
structural elements (PSEs); such cracking could result in reduced
structural integrity of the airplane. The FAA is also issuing this
AD to prevent safety significant latent failures; such failures, in
combination with one or more other specified failures or events,
could result in a hazardous or catastrophic failure condition of
avionics, hydraulic systems, fire detection systems, fuel systems,
or other critical systems. Furthermore, the FAA is issuing this AD
to address potential ignition sources inside fuel tanks caused by
latent failures, alterations, repairs, or maintenance actions; such
failures, in combination with flammable fuel vapors, could result in
fuel tank explosions and consequent loss of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of Maintenance or Inspection Program, With No
Changes
This paragraph restates the requirements of paragraph (i) of AD
2017-06-08, with no changes. For 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; manufacturer serial numbers 17000002,
17000004 through 17000013 inclusive, and 17000015 through 17000453
inclusive: Within 12 months after May 11, 2017 (the effective date
of AD 2017-06-08), revise the existing maintenance or inspection
program, as applicable, to incorporate the airworthiness limitations
specified in Part 1--Certification Maintenance Requirements (CMR);
Part 2--Airworthiness Limitation Inspections (ALI)-Structures; Part
3--Fuel System Limitation Items (FSL); and Part 4--Life Limited
Items (LLI); of Appendix A--Airworthiness Limitations; of the
EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB-1621,
Revision 10, dated February 23, 2015. The initial compliance times
and repetitive intervals are specified in the applicable part of the
EMBRAER 170/175 MRBR, MRB-1621, Revision 10, dated February 23,
2015.
(h) Retained No Alternative Actions Intervals, and/or Critical Design
Configuration Control Limitations (CDCCLs), With New Exception
This paragraph restates the action required by paragraph (j) of
AD 2017-06-08, with a new exception. Except as required by paragraph
(i) of this AD, after accomplishing the revisions required by
paragraph (g) of this AD, no alternative actions (e.g.,
inspections), intervals, or CDCCLs may be used unless the actions,
intervals, and CDCCLs are approved as an alternative method of
compliance (AMOC) in accordance with the procedures specified in
paragraph (k)(1) of this AD.
(i) New Existing Maintenance or Inspection Program Revision
Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Part 1--Certification
Maintenance Requirements, Part 2--Airworthiness Limitation
Inspections (ALI)-Structures, Part 3--Fuel System Limitation Items,
and Part 4--Life Limited Items; and EMBRAER Temporary Revision (TR)
14-1, dated November 13, 2018, to part 4--Life Limited Items; of
Appendix A of the EMBRAER 170/175 MRBR, MRB-1621, Revision 14, dated
September 27, 2018 (``EMBRAER 170/175 MRB-1621, Revision 14''). The
initial compliance time for doing the tasks is at the later of the
times specified in paragraphs (i)(1) and (2) of this AD.
Accomplishing the revision required by this paragraph terminates the
requirements of paragraph (g) of this AD.
(1) Within the applicable times specified in EMBRAER 170/175
MRB-1621, Revision 14. For the purposes of this AD, the initial
compliance times (identified as ``Threshold'' or ``T'' in EMBRAER
170/175 MRB-1621, Revision 14) are expressed in ``total flight
cycles'' or ``total flight hours,'' as applicable.
(2) Within 90 days or 600 flight cycles after the effective date
of this AD, whichever occurs later.
(j) No Alternative Actions, Intervals, or CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections), intervals, or CDCCLs may be used unless
the actions, intervals, and CDCCLs are approved as an AMOC in
accordance with the procedures specified in paragraph (k)(1) of this
AD.
(k) Other FAA AD Provisions
(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 (l)(2) of this AD. Information
may be emailed to [email protected].
(i) 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.
(ii) Brazilian AMOC No. 632/2019/GCPR/GGCP/SAR-ANAC, dated June
13, 2019, is
[[Page 457]]
approved as an AMOC for the corresponding provisions of this AD.
(2) Contacting the Manufacturer: As of the effective date of
this AD, 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 ANAC; or ANAC's authorized Designee. If approved by
the ANAC Designee, the approval must include the Designee's
authorized signature.
(l) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian AD 2019-05-01, effective May 2, 2019; corrected
July 1, 2019; for related information. This MCAI may be found in the
AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0499.
(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; email [email protected].
(m) 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.
(3) The following service information was approved for IBR on
February 10, 2020.
(i) Appendix A--Airworthiness Limitations of EMBRAER 170/175
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated
September 27, 2018.
(ii) Embraer Temporary Revision (TR) 14-1, dated November 13,
2018, to Part 4--Life Limited Items, of Appendix A of EMBRAER 170/
175 Maintenance Review Board Report (MRBR), MRB-1621, Revision 14,
dated September 27, 2018.
(4) The following service information was approved for IBR on
May 11, 2017 (82 FR 16725, April 6, 2017).
(i) Appendix A--Airworthiness Limitations, of the EMBRAER 170/
175 Maintenance Review Board Report (MRBR), MRB-1621, Revision 10,
dated February 23, 2015.
(ii) [Reserved]
(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-Brazil; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email [email protected]; internet https://www.flyembraer.com.
(6) 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.
(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, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued in Des Moines, Washington, on December 12, 2019.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2019-28466 Filed 1-3-20; 8:45 am]
BILLING CODE 4910-13-P
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