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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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