Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes

[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Rules and Regulations]
[Pages 79416-79418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22318]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0994; Project Identifier MCAI-2023-01238-T; 
Amendment 39-22828; AD 2024-17-03]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. (Type Certificate 
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
S.A.; Embraer S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2019-24-
16, which applied to certain Embraer S.A. Model ERJ 190-100 STD, -100 
LR, -100 IGW, and -100 ECJ airplanes; and Model ERJ 190-200 STD, -200 
LR, and -200 IGW airplanes. AD 2019-24-16 required revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. Since 
the FAA issued AD 2019-24-16, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary. This AD requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations, as 
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD, which is incorporated by reference (IBR). The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective November 4, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 4, 
2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
February 3, 2020 (84 FR 71772, December 30, 2019).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0994; 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 mandatory continuing airworthiness 
information (MCAI), 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.
    Material Incorporated by Reference:
    <bullet> For ANAC material identified in this AD, contact National 
Civil Aviation Agency (ANAC), Aeronautical Products Certification 
Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial 
Aquarius--Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 
12.246-190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 
(12) 3203-6600; email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may 
find this material on the ANAC website at sistemas.anac.gov.br/
certificacao/DA/DAE.asp.
    <bullet> For Embraer material identified in this AD, contact 
Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro 
Faria Lima, 2170--Putim--12227-901 S[atilde]o Jos[eacute] dos Campos--
SP--Brazil; telephone 55 (12) 3927-5852 or 55 (12) 3309-0732; fax 55 
(12) 3927-7546; email [email protected]; website 
www.flyembraer.com.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety 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 at regulations.gov under 
Docket No. FAA-2024-0994.

FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 216-316-6418; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-24-16, Amendment 39-21005 (84 FR 
71772, December 30, 2019) (AD 2019-24-16). AD 2019-24-16 applied to 
certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, and -100 
ECJ airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW 
airplanes. AD 2019-24-16 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA issued AD 2019-24-16 to 
address fatigue cracking of structural components and to address 
failure of certain system components, which could result in reduced 
structural integrity and system reliability of the airplane.
    The NPRM published in the Federal Register on April 4, 2024 (89 FR 
23529). The NPRM was prompted by AD 2023-12-02, effective December 15, 
2023, issued by ANAC, which is the aviation authority for Brazil (ANAC 
AD 2023-12-02) (also referred to as the MCAI), for certain Embraer S.A. 
Model ERJ 190-100 STD, -100 LR, -100 IGW, -100 SR, and -100 ECJ 
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. 
Model ERJ 190-100SR airplanes are not on the U.S. Register; this AD 
therefore does not include those airplanes in the applicability. The 
MCAI states that new or more restrictive airworthiness limitations have 
been developed.
    In the NPRM, the FAA proposed to retain all requirements of AD 
2019-24-16, and require revising the existing maintenance or inspection 
program, as applicable, to incorporate additional new or more 
restrictive airworthiness limitations, as specified in ANAC AD 2023-12-
02. The FAA is issuing this AD to address failure of certain system 
components. The unsafe condition, if not addressed, could result in 
reduced structural integrity and system reliability of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0994.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD

[[Page 79417]]

to address the unsafe condition on this product. Except for minor 
editorial changes, this AD is adopted as proposed in the NPRM. None of 
the changes will increase the economic burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

    ANAC AD 2023-12-02 specifies procedures for new or more restrictive 
airworthiness limitations for airplane structures and safe life limits.
    This AD also requires the following documents, which the Director 
of the Federal Register approved for incorporation by reference as of 
February 3, 2020 (84 FR 71772, December 30, 2019).
    <bullet> Appendix A--Airworthiness Limitations (AL), to the EMBRAER 
190/195 Maintenance Review Board Report, MRB-1928, Revision 12, dated 
September 27, 2018.
    <bullet> Appendix A--Airworthiness Limitations (AL), to the EMBRAER 
Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 8, 
dated October 10, 2018.
    This material 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 98 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2019-24-16 to be $7,650 (90 workhours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 workhours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. 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.
    The FAA estimates the total cost per operator for the new actions 
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.

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.

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:
0
a. Removing Airworthiness Directive (AD) 2019-24-16, Amendment 39-21005 
(84 FR 71772, December 30, 2019); and
0
b. Adding the following new AD:

2024-17-03 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER)): 
Amendment 39-22828; Docket No. FAA-2024-0994; Project Identifier 
MCAI-2023-01238-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 4, 2024.

(b) Affected ADs

    This AD replaces AD 2019-24-16, Amendment 39-21005 (84 FR 71772, 
December 30, 2019) (AD 2019-24-16).

(c) Applicability

    This AD applies to Embraer S.A. 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; certificated in any category; as 
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD 2023-12-02, effective December 15, 2023 (ANAC AD 2023-12-
02).

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address failure of certain system components. The 
unsafe condition, if not addressed, could result in reduced 
structural integrity and system reliability of the airplane.

(f) Compliance

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

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2019-24-16, with no changes. For airplanes having serial numbers 
19000002, 19000004, 19000006 through 19000213 inclusive, 19000215 
through 19000276 inclusive, 19000278 through 19000466 inclusive, 
19000468 through 19000525 inclusive, and 19000527 through 19000758 
inclusive: Do the revision required by paragraph (g)(1) or (2) of 
this AD, as applicable. Accomplishing the revision of the existing 
maintenance or inspection program required by paragraph (i) of this 
AD terminates the requirements of this paragraph.
    (1) For Model ERJ 190-100 STD, ERJ 190-100 LR, ERJ 190-100 IGW, 
ERJ 190-200 STD, ERJ 190-200 LR, and ERJ 190-200 IGW airplanes: 
Within 90 days after February 3, 2020 (the effective date of AD 
2019-24-16), revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in Appendix 
A--Airworthiness Limitations (AL); to the EMBRAER 190/195 
Maintenance Review Board Report, MRB-1928, Revision 12, dated 
September 27, 2018 (``EMBRAER 190/195 MRB-1928, Revision 12''). The 
initial compliance times for doing the tasks are at the later of the 
times specified in paragraphs (g)(1)(i) and (ii) of this AD.

[[Page 79418]]

    (i) Within the applicable times specified in EMBRAER 190/195 
MRB-1928, Revision 12. For the purposes of this AD, the initial 
compliance times (identified as ``Threshold'' or ``T'' in EMBRAER 
190/195 MRB-1928, Revision 12) are expressed in ``total flight 
cycles'' or ``total flight hours'' as applicable.
    (ii) Within 90 days or 600 flight cycles after February 3, 2020 
(the effective date of AD 2019-24-16), whichever occurs later.
    (2) For Model ERJ 190-100 ECJ airplanes: Within 90 days after 
February 3, 2020 (the effective date of AD 2019-24-16), revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the tasks specified in Appendix A--Airworthiness 
Limitations (AL), to the EMBRAER Lineage 1000/1000E Maintenance 
Planning Guide, MPG-2928, Revision 8, dated October 10, 2018 
(``EMBRAER Lineage 1000/1000E MPG-2928, Revision 8''). The initial 
compliance times for the tasks are at the later of the times 
specified in paragraphs (g)(2)(i) and (ii) of this AD.
    (i) Within the applicable times specified in EMBRAER Lineage 
1000/1000E MPG-2928, Revision 8. For the purposes of this AD, the 
initial compliance times (identified as ``Threshold'' or ``T'' in 
EMBRAER Lineage 1000/1000E MPG-2928, Revision 8) are expressed in 
``total flight cycles'' or ``total flight hours'' as applicable.
    (ii) Within 90 days or 600 flight cycles after February 3, 2020 
(the effective date of AD 2019-24-16), whichever occurs later.

(h) Retained Restrictions on Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With a New 
Exception

    This paragraph restates the requirements of paragraph (j) of AD 
2019-24-16, with a new exception. Except as required by paragraph 
(i) of this AD: After the existing maintenance or inspection program 
has been revised as 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 
AMOC in accordance with the procedures specified in paragraph (k)(1) 
of this AD.

(i) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (j) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, ANAC AD 2023-12-02. Accomplishing the revision of 
the existing maintenance or inspection program required by this 
paragraph terminates the requirements of paragraph (g) of this AD.

(j) Exceptions to ANAC AD 2023-12-02

    (1) Where ANAC AD 2023-12-02 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt paragraph (d) of ANAC AD 2023-12-02.
    (3) Where paragraph (c) of ANAC AD 2023-12-02 refers to 
``alternative inspections or inspection intervals,'' for this AD, 
replace that text with ``alternative actions (e.g., inspections), 
intervals, and CDCCLs.''

(k) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation 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 responsible Flight Standards Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (l) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation 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) Additional Information

    For more information about this AD, contact Joshua Bragg, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone (216) 316-6418; email 
[email protected].

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (3) The following material was approved for IBR on [DATE 35 DAYS 
AFTER PUBLICATION OF THE FINAL RULE].
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-12-02, effective December 15, 2023.
    (ii) [Reserved]
    (4) The following material was approved for IBR on February 3, 
2020 (84 FR 71772, December 30, 2019).
    (i) Appendix A--Airworthiness Limitations (AL); to the EMBRAER 
190/195 Maintenance Review Board Report, MRB-1928, Revision 12, 
dated September 27, 2018.
    (ii) Appendix A--Airworthiness Limitations (AL), to the EMBRAER 
Lineage 1000/1000E Maintenance Planning Guide, MPG-2928, Revision 8, 
dated October 10, 2018.
    (5) For ANAC AD 2023-12-02 identified in this AD, contact ANAC, 
Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando 
Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 
14 a 18, Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o 
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; 
email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this 
ANAC AD on the ANAC website at sistemas.anac.gov.br/certificacao/DA/
DAE.asp.
    (6) For Embraer material identified in this AD, contact Embraer 
S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria 
Lima, 2170--Putim--12227-901 S[atilde]o Jos[eacute] dos Campos--SP--
Brazil; telephone 55 (12) 3927-5852 or 55 (12) 3309-0732; fax 55 
(12) 3927-7546; email [email protected]; website 
www.flyembraer.com.
    (7) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (8) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations, or email [email protected].

    Issued on August 20, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-22318 Filed 9-27-24; 8:45 am]
BILLING CODE 4910-13-P

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