Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190 Airplanes, 55783-55785 [2011-22028]
Download as PDF
Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
ERJ 190 airplanes), on which 18 months or
more has elapsed from the slide date of
manufacture (for slides that have not been
repacked) or the date of last slide repack (for
slides that have been repacked).
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(j) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, 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 Branch, send it to ATTN:
Kenny Kaulia, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone (425) 227–2848; fax (425)
227–1149. Information may be e-mailed to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
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. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
mstockstill on DSK4VPTVN1PROD with RULES
Related Information
(k) Refer to MCAI Brazilian Airworthiness
Directive 2009–11–01, dated November 30,
2009; MCAI Brazilian Airworthiness
Directive 2009–08–02, dated August 18,
2009; Goodrich Alert Service Bulletin
4A4030–25A379, original, dated August 10,
2009; and Goodrich Alert Service Bulletin
104003–25A380, Revision 2, dated July 7,
2009; for related information.
Material Incorporated by Reference
(l) You must use Goodrich Alert Service
Bulletin 4A4030–25A379, original, dated
August 10, 2009; or Goodrich Alert Service
Bulletin 104003–25A380, Revision 2, dated
July 7, 2009; as applicable; to do the actions
required by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro
VerDate Mar<15>2010
16:30 Sep 08, 2011
Jkt 223001
˜
Faria Lima, 2170—Putim—12227–901 Sao
Jose dos Campos—SP—BRASIL; telephone
+55 12 3927–5852 or +55 12 3309–0732; fax
+55 12 3927–7546; e-mail
distrib@embraer.com.br; Internet: https://
www.flyembraer.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(4) You may also review copies of the
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, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on August
12, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–21622 Filed 9–8–11; 8:45 am]
BILLING CODE 4910–13–P
55783
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
October 14, 2011.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 14, 2011.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Cindy Ashforth, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; phone: 425–
227–2768; fax: 425–227–1149; e-mail:
cindy.ashforth@faa.gov.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0216; Directorate
Identifier 2010–NM–197–AD; Amendment
39–16796; AD 2011–18–14]
RIN 2120–AA64
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on March 14, 2011 (76 FR
13539). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
* * * The pylon internal shear pin was
found cracked during a regular check.
Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The
ANAC is issuing this [Brazilian] AD to
prevent insufficient strength of the pylon to
wing attachment, which in combination with
an engine imbalance caused by a fan blade
out could cause pylon to wing attachment
failure and consequent engine separation.
*
*
*
*
*
Required actions include replacing
pylon shear pins in the rear outboard
and inboard shear pin assembly in the
right- and left-hand pylons with new
parts. You may obtain further
information by examining the MCAI in
the AD docket.
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 190 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
SUMMARY:
* * * The pylon internal shear pin was
found cracked during a regular check.
Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The
ˆ
ANAC [Agencia Nacional de Aviacao Civil]
¸˜
is issuing this [Brazilian] AD to prevent
insufficient strength of the pylon to wing
attachment, which in combination with an
engine imbalance caused by a fan blade out
could cause pylon to wing attachment failure
and consequent engine separation.
*
PO 00000
*
*
Frm 00003
*
Fmt 4700
*
Sfmt 4700
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request for Further Inspection
JetBlue requested that, in addition to
replacement of the pylon rear inboard
and outboard internal shear pins, a
detailed visual inspection of the pylon
rear outboard and inboard external
shear pins should be done to ensure that
E:\FR\FM\09SER1.SGM
09SER1
55784
Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
the external shear pins have no
evidence of corrosion and corrosion
products, or corrosion pitting. JetBlue
found external shear pins with surface
corrosion and pitting.
We disagree with the request. Embraer
inspected the suspect external shear
pins from JetBlue and found particles of
sealant and other contaminants
embedded in the inner surface, but there
was no sign of corrosion or damage. The
material of the external shear pin is
corrosion-resistant stainless steel. No
change has been made to the AD in this
regard.
Request To Clarify Service Bulletin
Reference
Embraer requested that paragraph (j)
of the NPRM refer to EMBRAER Service
Bulletin 190LIN–54–0001, dated June
21, 2010, rather than 190LIN–54–001.
We agree with the request and have
made the change in paragraph (j) of this
AD.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
We determined that this change will not
increase the economic burden on any
operator or increase the scope of the AD.
mstockstill on DSK4VPTVN1PROD with RULES
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect
73 products of U.S. registry. We also
estimate that it will take about 10 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $85 per work-hour.
Required parts will cost about $2,360
per product. Where the service
information lists required parts costs
that are covered under warranty, we
have assumed that there will be no
charge for these parts. As we do not
control warranty coverage for affected
VerDate Mar<15>2010
16:30 Sep 08, 2011
Jkt 223001
parties, some parties may incur costs
higher than estimated here. Based on
these figures, we estimate the cost of
this AD to the U.S. operators to be
$234,330, or $3,210 per product.
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.
We are 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
We 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 this AD:
1. Is not a ’’significant regulatory
action’’ under Executive Order 12866;
2. Is not a ’’significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains the NPRM, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is in the ADDRESSES
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
section. Comments will be available in
the AD docket shortly after receipt.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
■
2011–18–14 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–16796. Docket No.
FAA–2011–0216; Directorate Identifier
2010–NM–197–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective October 14, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Empresa
Brasileira de Aeronautica S.A. (EMBRAER)
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.
Subject
(d) Air Transport Association (ATA) of
America Code 54: Nacelles/Pylons.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
* * * The pylon internal shear pin was
found cracked during a regular check.
Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The
ˆ
ANAC [Agencia Nacional de Aviacao Civil]
¸˜
is issuing this [Brazilian] AD to prevent
insufficient strength of the pylon to wing
attachment, which in combination with an
engine imbalance caused by a fan blade out
could cause pylon to wing attachment failure
and consequent engine separation.
*
*
*
*
*
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Replace Shear Pins
(g) For Model ERJ 190–100 STD, –100 LR,
–100 IGW; and ERJ 190–200 STD, –200 LR,
E:\FR\FM\09SER1.SGM
09SER1
Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Rules and Regulations
and –200 IGW airplanes: Within 3,000 flight
hours after the effective date of this AD,
replace the shear pins having part number (P/
N) 190–15178–003 and P/N 190–15181–003
in the rear outboard and inboard shear pin
assembly in the right- and left-hand pylons,
with new shear pins having P/N 190–15178–
005 and P/N 190–15181–005, respectively, in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
190–54–0010, dated May 19, 2010.
(h) For Model ERJ 190–100 ECJ airplanes:
Within 3,000 flight hours or within 12
months after the effective date of this AD,
whichever occurs first, replace the shear pins
having P/N 190–15178–003 and P/N 190–
15181–003, in the rear outboard and inboard
shear pin assembly in the right- and left-hand
pylons, with new shear pins having P/N 190–
15178–005 and P/N 190–15181–005,
respectively, in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 190LIN–54–0001, dated June
21, 2010.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows: The
MCAI allows credit for previous installation
of internal shear pins in accordance with
EMBRAER 190 Aircraft Maintenance Manual
Task 54–50–00–400, Revision 19, dated July
15, 2010. This AD does not allow credit for
this task; however, under the provisions of
paragraph (i) of this AD, we will consider
requests for an alternative method of
compliance.
mstockstill on DSK4VPTVN1PROD with RULES
Other FAA AD Provisions
(i) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, 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 Branch, send it to ATTN:
Cindy Ashforth, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone (425) 227–2768; fax (425)
227–1149. Information may be e-mailed to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
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. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
VerDate Mar<15>2010
16:30 Sep 08, 2011
Jkt 223001
Related Information
ˆ
(j) Refer to MCAI Agencia Nacional de
Aviacao Civil (ANAC) Airworthiness
¸˜
Directive 2010–08–02, dated September 20,
2010; and EMBRAER Service Bulletins 190–
54–0010, dated May 19, 2010, and 190LIN–
54–0001, dated June 21, 2010; for related
information.
Material Incorporated by Reference
(k) You must use EMBRAER Service
Bulletin 190–54–0010, dated May 19, 2010;
or EMBRAER Service Bulletin 190LIN–54–
0001, dated June 21, 2010; as applicable; to
do the actions required by this AD, unless the
AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro
˜
Faria Lima, 2170—Putim—12227–901 Sao
Jose dos Campos—SP—BRASIL; telephone
+55 12 3927–5852 or +55 12 3309–0732; fax
+55 12 3927–7546; e-mail
distrib@embraer.com.br; Internet https://
www.flyembraer.com.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(4) You may also review copies of the
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, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on August
19, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–22028 Filed 9–8–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–0471; Directorate
Identifier 2010–NM–219–AD; Amendment
39–16800; AD 2011–18–18]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Model DHC–8–400 Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
55785
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
SUMMARY:
Several operators have reported pitch
oscillations and/or elevator asymmetry
caution lights illumination when flying with
the autopilot engaged. Investigations revealed
that loose rivets in the torque tube assemblies
caused relative motion between the crank
arms and torque tubes.
Loose rivets could result in excessive wear
and subsequent significant backlash in the
driving crank arms. This condition, if left
uncorrected, will progressively get worse and
degrade the controllability of the aeroplane.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
October 14, 2011.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 14, 2011.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Stephen Kowalski, Aerospace Engineer,
Airframe and Mechanical Systems
Branch, ANE–171, FAA, New York
Aircraft Certification Office, 1600
Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone (516) 228–
7327; fax (516) 794–5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on May 12, 2011 (76 FR 27617).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
Several operators have reported pitch
oscillations and/or elevator asymmetry
caution lights illumination when flying with
the autopilot engaged. Investigations revealed
that loose rivets in the torque tube assemblies
caused relative motion between the crank
arms and torque tubes.
Loose rivets could result in excessive wear
and subsequent significant backlash in the
driving crank arms. This condition, if left
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Rules and Regulations]
[Pages 55783-55785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22028]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0216; Directorate Identifier 2010-NM-197-AD;
Amendment 39-16796; AD 2011-18-14]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) originated by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
* * * The pylon internal shear pin was found cracked during a
regular check. Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil] is issuing this [Brazilian]
AD to prevent insufficient strength of the pylon to wing attachment,
which in combination with an engine imbalance caused by a fan blade
out could cause pylon to wing attachment failure and consequent
engine separation.
* * * * *
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective October 14, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 14,
2011.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: 425-227-
2768; fax: 425-227-1149; e-mail: cindy.ashforth@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 14, 2011 (76
FR 13539). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
* * * The pylon internal shear pin was found cracked during a
regular check. Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The ANAC is issuing this
[Brazilian] AD to prevent insufficient strength of the pylon to wing
attachment, which in combination with an engine imbalance caused by
a fan blade out could cause pylon to wing attachment failure and
consequent engine separation.
* * * * *
Required actions include replacing pylon shear pins in the rear
outboard and inboard shear pin assembly in the right- and left-hand
pylons with new parts. You may obtain further information by examining
the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request for Further Inspection
JetBlue requested that, in addition to replacement of the pylon
rear inboard and outboard internal shear pins, a detailed visual
inspection of the pylon rear outboard and inboard external shear pins
should be done to ensure that
[[Page 55784]]
the external shear pins have no evidence of corrosion and corrosion
products, or corrosion pitting. JetBlue found external shear pins with
surface corrosion and pitting.
We disagree with the request. Embraer inspected the suspect
external shear pins from JetBlue and found particles of sealant and
other contaminants embedded in the inner surface, but there was no sign
of corrosion or damage. The material of the external shear pin is
corrosion-resistant stainless steel. No change has been made to the AD
in this regard.
Request To Clarify Service Bulletin Reference
Embraer requested that paragraph (j) of the NPRM refer to EMBRAER
Service Bulletin 190LIN-54-0001, dated June 21, 2010, rather than
190LIN-54-001.
We agree with the request and have made the change in paragraph (j)
of this AD.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We determined that this
change will not increase the economic burden on any operator or
increase the scope of the AD.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 73 products of U.S. registry.
We also estimate that it will take about 10 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $2,360 per
product. Where the service information lists required parts costs that
are covered under warranty, we have assumed that there will be no
charge for these parts. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of this AD to the
U.S. operators to be $234,330, or $3,210 per product.
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.
We are 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
We 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 this AD:
1. Is not a ''significant regulatory action'' under Executive Order
12866;
2. Is not a ''significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.
Examining the AD Docket
You may examine the AD docket on the Internet at https://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
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 AD:
2011-18-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16796. Docket No. FAA-2011-0216; Directorate Identifier
2010-NM-197-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective October
14, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all Empresa Brasileira de Aeronautica
S.A. (EMBRAER) 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.
Subject
(d) Air Transport Association (ATA) of America Code 54:
Nacelles/Pylons.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
* * * The pylon internal shear pin was found cracked during a
regular check. Further investigation revealed that the failure
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil] is issuing this [Brazilian]
AD to prevent insufficient strength of the pylon to wing attachment,
which in combination with an engine imbalance caused by a fan blade
out could cause pylon to wing attachment failure and consequent
engine separation.
* * * * *
Compliance
(f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Replace Shear Pins
(g) For Model ERJ 190-100 STD, -100 LR, -100 IGW; and ERJ 190-
200 STD, -200 LR,
[[Page 55785]]
and -200 IGW airplanes: Within 3,000 flight hours after the
effective date of this AD, replace the shear pins having part number
(P/N) 190-15178-003 and P/N 190-15181-003 in the rear outboard and
inboard shear pin assembly in the right- and left-hand pylons, with
new shear pins having P/N 190-15178-005 and P/N 190-15181-005,
respectively, in accordance with the Accomplishment Instructions of
EMBRAER Service Bulletin 190-54-0010, dated May 19, 2010.
(h) For Model ERJ 190-100 ECJ airplanes: Within 3,000 flight
hours or within 12 months after the effective date of this AD,
whichever occurs first, replace the shear pins having P/N 190-15178-
003 and P/N 190-15181-003, in the rear outboard and inboard shear
pin assembly in the right- and left-hand pylons, with new shear pins
having P/N 190-15178-005 and P/N 190-15181-005, respectively, in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 190LIN-54-0001, dated June 21, 2010.
FAA AD Differences
Note 1: This AD differs from the MCAI and/or service information
as follows: The MCAI allows credit for previous installation of
internal shear pins in accordance with EMBRAER 190 Aircraft
Maintenance Manual Task 54-50-00-400, Revision 19, dated July 15,
2010. This AD does not allow credit for this task; however, under
the provisions of paragraph (i) of this AD, we will consider
requests for an alternative method of compliance.
Other FAA AD Provisions
(i) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Cindy
Ashforth, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-2768; fax (425) 227-1149.
Information may be e-mailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
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. The AMOC approval letter must specifically reference this
AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
Related Information
(j) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2010-08-
02, dated September 20, 2010; and EMBRAER Service Bulletins 190-54-
0010, dated May 19, 2010, and 190LIN-54-0001, dated June 21, 2010;
for related information.
Material Incorporated by Reference
(k) You must use EMBRAER Service Bulletin 190-54-0010, dated May
19, 2010; or EMBRAER Service Bulletin 190LIN-54-0001, dated June 21,
2010; as applicable; to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail
distrib@embraer.com.br; Internet https://www.flyembraer.com.
(3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call 425-227-1221.
(4) You may also review copies of the 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, call 202-741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on August 19, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-22028 Filed 9-8-11; 8:45 am]
BILLING CODE 4910-13-P