2023-21-11: Wings

1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. 2. The FAA amends § 39.13 by adding the following new airworthiness directive: 2023-21-11 Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.): Amendment 39-22583; Docket No. FAA-2023-1635; Project Identifier MCAI-2022-01579-T. (a) Effective Date This airworthiness directive (AD) is effective December 26, 2023. (b) Affected ADs This AD affects AD 2020-04-16, Amendment 39-19853 (85 FR 18435, April 2, 2020) (AD 2020-04-16). (c) Applicability This AD applies to all Embraer S.A. (Type Certificate previously held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes, certificated in any category. (d) Subject Air Transport Association (ATA) of America Code: 57, Wings. (e) Unsafe Condition This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary and a determination by the design approval holder (DAH) that some structural elements are subject to widespread fatigue damage (WFD). The FAA is issuing this AD to address cracking in principle structural elements. The unsafe condition, if not addressed, could result in reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, Agência Nacional de Aviação Civil (ANAC) AD 2022-12-01, effective December 14, 2022 (ANAC AD 2022-12-01). (h) Exceptions to ANAC AD 2022-12-01 (1) Where ANAC AD 2022-12-01 refers to its effective date, this AD requires using the effective date of this AD. (2) The initial compliance time for doing the tasks specified in paragraph (b)(3) of ANAC AD 2022-12-01 is at the applicable "threshold or interval" as incorporated by the requirements of paragraph (b)(3) of ANAC AD 2022-12-01, or within 30 days after the effective date of this AD, whichever occurs later. Where the service information referenced in ANAC AD 2022-12-01 does not specify a threshold, this AD requires using the applicable flight cycles (FC), flight hours (FH), or months (MO) identified as the interval as the threshold. The applicable FC, FH, and MO in the "T: Threshold I: Interval" column of the service information referenced in ANAC AD 2022-12-01 are as specified in paragraph (h)(2)(i) or (ii) of this AD: (i) For any task with an applicability that includes "POST-MOD SB," use the specified number of FC, FH, or MO since accomplishment of the applicable service bulletin. (ii) For any task with an applicability that does not include "POST-MOD SB," use total FC, total FH, or MO since issuance of the original airworthiness certificate or original export certificate of airworthiness, as applicable. (3) Table 01 and paragraph (c)(2) of ANAC AD 2022-12-01 specify a grace period. However, for this AD the grace period is as identified in Table 01 of ANAC AD 2022-12-01, except replace the text "within the next 3,000 FC" with "within 3,000 FC after the effective date of this AD;" and replace the text "within the next 4,000 FH" with "within 4,000 FH after the effective date of this AD." (4) Where ANAC AD 2022-12-01 Table 01 specifies a compliance time based on the accomplishment of certain service information, replace the text "the accomplishment of the Embraer SB No. 190-57-005, Revision 01, dated October 27, 2006," with "the accomplishment of Embraer SB 190-57-0005." (5) This AD does not adopt the provisions specified in paragraph (e)(1) of ANAC AD 2022-12-01. (i) Provisions for Alternative Actions, Intervals, and Critical Design Configuration Control Limitations (CDCCLs) 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, and CDCCLs are allowed unless they are approved as specified in the provisions of paragraph (f) of ANAC AD 2022-12-01. (j) Terminating Action for AD 2020-04-16 Accomplishing the actions required by this AD terminates the repetitive inspection requirements of paragraph (g) of AD 2020-04-16, for the airplanes identified in paragraph (a)(2) of ANAC AD 2022-12-01 only. (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 or email to: [email protected]. If mailing information, also submit information by email. 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. (3) Required for Compliance (RC): Except as required by paragraph (k)(2) of this AD, if any service information referenced in ANAC AD 2022-12-01 contains steps in the Accomplishment Instructions or figures that are labeled as RC, the instructions in RC steps, including subparagraphs under an RC step and any figures identified in an RC step, must be done to comply with this AD; any steps including substeps under those steps, that are not identified as RC are recommended. The instructions in steps, including substeps under those steps, not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the instructions identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to instructions identified as RC require approval of an AMOC. If a step or substep is labeled "RC Exempt," then the RC requirement is removed from that step or substep. (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 service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Agência Nacional de Aviação Civil (ANAC) AD 2022-12-01, effective December 14, 2022. (ii) [Reserved] (3) For ANAC AD 2022-12-01, 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-São José dos Campos-SP, Brazil; telephone 55 (12) 3203-6600; email [email protected]; website anac.gov.br/en/. You may find this ANAC AD on the ANAC website: sistemas.anac.gov.br/certificacao/DA/DAE.asp. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. (5) 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 October 20, 2023. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023-25495 Filed 11-17-23; 8:45 am]BILLING CODE 4910-13-P