AD 2020-12-12

[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
[Rules and Regulations]
[Pages 41175-41177]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-14780]



[[Page 41175]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0202; Product Identifier 2020-NM-025-AD; Amendment 
39-19921; AD 2020-12-12]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model ERJ 170 
airplanes and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 
STD, -200 LR, and -200 IGW airplanes. This AD was prompted by reports 
of cracks discovered on the engine pylon inboard lower link lugs. This 
AD requires repetitive detailed inspections of the engine inboard and 
outboard engine pylon lower link lugs for cracking, and repair if 
necessary, as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective August 13, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 13, 
2020.

ADDRESSES: For ANAC material incorporated by reference (IBR) 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, Tel: 55 (12) 3203-6600; Email: <a href="/cdn-cgi/l/email-protection#dcacbdbf9cbdb2bdbff2bbb3aaf2beae"><span class="__cf_email__" data-cfemail="98e8f9fbd8f9f6f9fbb6fff7eeb6faea">[email&#160;protected]</span></a>; 
internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/. You may find this IBR material on the 
ANAC website at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>. 
You may view this IBR 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 in the AD docket on the 
internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2020-0202.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
0202; 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, 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, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3221; 
email <a href="/cdn-cgi/l/email-protection#bfd4cdd6cccbde91d8cddadacdffd9dede91d8d0c9"><span class="__cf_email__" data-cfemail="ec879e859f988dc28b9e89899eac8a8d8dc28b839a">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2020-01-02, effective January 28, 2020 (``ANAC AD 2020-01-02'') 
(also referred to as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for all 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. (Type 
Certificate Previously Held by Embraer S.A.) Model ERJ 170-100 LR, -100 
STD, -100 SE, -100 SU, -200 LR, -200 SU, -200 STD, and -200 LL 
airplanes; and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -100 
SR, -200 STD, -200 LR, and -200 IGW airplanes. Model ERJ 190-100 SR 
airplanes are not certified by the FAA and are not included on the U.S. 
type certificate data sheet; therefore, this AD does not include those 
airplanes in the applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all Model ERJ 170 
airplanes and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 
STD, -200 LR, and -200 IGW airplanes. The NPRM published in the Federal 
Register on March 20, 2020 (85 FR 16016). The NPRM was prompted by 
reports of cracks discovered on the engine pylon inboard lower link 
lugs. The NPRM proposed to require repetitive detailed inspections of 
the engine inboard and outboard engine pylon lower link lugs for 
cracking, and repair if necessary, as specified in an ANAC AD.
    The FAA is issuing this AD to address cracking of the engine pylon 
lower link lugs, which could cause the loss of engine pylon integrity, 
and could result in engine separation from the wing, loss of airplane 
controllability, and possible injury to persons on the ground. See the 
MCAI for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Request To Add the ``Required for Compliance'' (RC) Paragraph

    Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. requested 
inclusion of RC language in the proposed AD. The commenter noted that 
steps in the service information that are indicated as RC have a direct 
effect on detecting, preventing, resolving, or eliminating the unsafe 
condition addressed in an AD. The commenter further stated that the 
service information referenced in the proposed AD would be revised to 
denote steps that must be done to comply with the AD as RC.
    The FAA agrees with the request for the reasons provided and has 
added the requested language in paragraph (i)(3) of this AD and re-
identified paragraph (i)(3) of the proposed AD as paragraph (i)(4) of 
this AD.

Request To Use Alternate Access Method for Inspection

    JetBlue Airways requested approval to perform the inspection 
required by the proposed AD by removing access door 419WL and access 
panel 419UR of the left-hand (LH) pylon, and access door 429XR and 
access panel 429TL of the right-hand (RH) pylon, instead of removing 
the side fairings. The commenter stated that previous inspections of 50 
airplanes in their fleet indicated there was sufficient access to 
perform a visual inspection of the pylon lower link lug without 
removing the side fairings. The commenter also stated that removal of 
the side fairings can damage secondary structures inside the fairings, 
causing additional rework or replacement, as well as additional costs.
    The FAA does not agree to approve the alternate access request. A 
detailed inspection, such as the one required by this AD, requires an 
intensive examination of the subject area, which may necessitate 
surface cleaning, additional lighting, and use of magnification. 
Removal of the specified access panels and doors instead of the side 
fairings does not give sufficient access for performing this detailed

[[Page 41176]]

inspection. The AD has not been changed in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    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 IBR Material Under 1 CFR Part 51

    ANAC AD 2020-01-02 describes procedures for repetitive detailed 
inspections of LH and RH inboard and outboard engine pylon lower link 
lugs for cracking, and repair if necessary. 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 659 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255         $168,045
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost on U.S. operators of reporting the inspection results to be 
$56,015, or $85 per product.
    The FAA has received no definitive data that would enable the FAA 
to provide cost estimates for the on-condition actions specified in 
this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2020-12-12 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate previously held by Embraer S.A.) Airplanes: 
Amendment 39-19921; Docket No. FAA-2020-0202; Product Identifier 
2020-NM-025-AD.

(a) Effective Date

    This AD is effective August 13, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type certificate previously held by Embraer 
S.A.) airplanes specified in paragraphs (c)(1) and (2) of this AD, 
certificated in any category.
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -
200 SU, -200 STD, and -200 LL airplanes.
    (2) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 
STD, -200 LR, and -200 IGW airplanes.

[[Page 41177]]

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.

(e) Reason

    This AD was prompted by reports of cracking on the left-hand 
(LH) and right-hand (RH) sides of engine pylon inboard lower link 
lugs. The FAA is issuing this AD to address cracking of the engine 
pylon lower link lugs, which could cause the loss of engine pylon 
integrity, and could result in engine separation from the wing, loss 
of airplane controllability, and possible injury to persons on the 
ground.

(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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD 2020-01-02, effective January 28, 2020 (``ANAC AD 
2020-01-02'').

(h) Exceptions to ANAC AD 2020-01-02

    (1) Where ANAC AD 2020-01-02 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where ANAC AD 2020-01-02 requires contacting ``ANAC and 
Embraer . . . to approve an adequate repair,'' for this AD, obtain 
repair instructions using the procedures specified in paragraph 
(i)(2) of this AD and do the repair.
    (3) The ``Alternative methods of compliance (AMOCs)'' section of 
ANAC AD 2020-01-02 does not apply to this AD.
    (4) Paragraph (e) of ANAC AD 2020-01-02 specifies to report 
inspection results to ANAC and Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. within a certain compliance time. For this 
AD, report inspection results at the applicable time specified in 
paragraph (h)(4)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#9fa6b2ded1d2b2aeaea9b2ded2d0dcb2cddacecadacccbccdff9fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="f4cdd9b5bab9d9c5c5c2d9b5b9bbb7d9a6b1a5a1b1a7a0a7b4929595da939b82">[email&#160;protected]</span></a>. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, 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): For service information that 
contains steps that are labeled as RC, the provisions of paragraphs 
(i)(3)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.
    (4) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    For more information about this AD, contact Krista Greer, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3221; email <a href="/cdn-cgi/l/email-protection#a7ccd5ced4d3c689c0d5c2c2d5e7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="c4afb6adb7b0a5eaa3b6a1a1b684a2a5a5eaa3abb2">[email&#160;protected]</span></a>.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2020-01-02, effective January 28, 2020.
    (ii) [Reserved]
    (3) For information about ANAC AD 2020-01-02, 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, Tel: 55 (12) 3203-6600; Email: 
<a href="/cdn-cgi/l/email-protection#3141505271505f50521f565e471f5343"><span class="__cf_email__" data-cfemail="c3b3a2a083a2ada2a0eda4acb5eda1b1">[email&#160;protected]</span></a>. You may find this IBR material on the ANAC website 
at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>.
    (4) 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. This material may be found in the AD 
docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2020-0202.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
<a href="/cdn-cgi/l/email-protection#deb8bbbaacbbb9f0b2bbb9bfb29eb0bfacbff0b9b1a8"><span class="__cf_email__" data-cfemail="94f2f1f0e6f1f3baf8f1f3f5f8d4faf5e6f5baf3fbe2">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on June 18, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-14780 Filed 7-8-20; 8:45 am]
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