Airworthiness Directives; Yaborã Indústria Aeronáutica S.A. (Type Certificate Previously Held by Embraer S.A.) Airplanes, 71370-71372 [2021-27187]
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71370
Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations
Issued on December 9, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–27385 Filed 12–14–21; 4:15 pm]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0692; Project
Identifier MCAI–2020–01585–T; Amendment
39–21845; AD 2021–25–02]
RIN 2120–AA64
Airworthiness Directives; Yabora˜
Indu´stria Aerona´utica S.A. (Type
Certificate Previously Held by Embraer
S.A.) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2014–16–
16, which applied to all Embraer S.A.
Model ERJ 190–100 STD, –100 LR, –100
ECJ, –100 IGW, –200 STD, –200 LR, and
–200 IGW airplanes; and AD 2018–19–
28, which applied to certain Embraer
S.A. Model ERJ 190–100 STD, –100 LR,
–100 ECJ, –100 IGW, –200 STD, –200
LR, and –200 IGW airplanes. AD 2014–
16–16 required, for certain airplanes,
retorquing and replacing the pylon
lower link fittings, and for all airplanes,
repetitive retorquing of those fittings.
AD 2018–19–28 required modification
of the attaching parts of the pylon lower
link fittings. This AD continues to
require those actions, and also requires
application of a lower torque value,
inspection of certain shear pins and
replacement if necessary, and revised
compliance times for the modification;
as specified in an Ageˆncia Nacional de
Aviac¸a˜o Civil (ANAC) AD, which is
incorporated by reference. This AD also
prohibits the installation of affected
parts. The FAA is issuing this AD to
address the unsafe condition on these
products.
SUMMARY:
This AD is effective January 20,
2022.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 20, 2022.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
this AD as of September 2, 2014 (79 FR
48018, August 15, 2014).
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DATES:
VerDate Sep<11>2014
16:14 Dec 15, 2021
Jkt 256001
For ANAC material
incorporated by reference (IBR) 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—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
internet www.anac.gov.br/en/. You may
find this IBR material on the ANAC
website at https://sistemas.anac.gov.br/
certificacao/DA/DAE.asp. For Embraer
service information identified in this
final rule, contact Embraer S.A.,
Technical Publications Section (PC
060), Av. Brigadeiro Faria Lima, 2170—
Putim—12227–901 Sa˜o Jose dos
Campos—SP—Brazil; telephone +55 12
3927–5852 or +55 12 3309–0732; fax
+55 12 3927–7546; email distrib@
embraer.com.br; internet https://
www.flyembraer.com. For Embraer
service information identified in this
final rule that is applicable to Yabora˜
Indu´stria Aerona´utica S.A. Model ERJ
190–100 ECJ airplanes, contact Embraer
S.A., Technical Publications Section (PC
560), Rodovia Presidente Dutra, km 134,
12247–004 Distrito Eugeˆnio de Melo—
Sa˜o Jose´ dos Campos—SP—Brazil;
telephone +55 12 3927–0386; email
distrib@embraer.com.br; internet
https://www.mytechcare.embraer.com.
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 in the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0692.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0692; 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.
FOR FURTHER INFORMATION CONTACT:
Krista Greer, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
telephone and fax 206–231–3221; email
krista.greer@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2020–06–02R02, effective November
30, 2020 (ANAC AD 2020–06–02R02)
(also referred to as the MCAI), to correct
an unsafe condition for certain Yabora˜
Indu´stria Aerona´utica S.A. Model ERJ
190–100 STD, –100 LR, –100 ECJ, –100
IGW, –200 STD, –200 LR, and –200 IGW
airplanes. Model 190–100 SR airplanes
are not certificated by the FAA and are
not included on the U.S. type certificate
data sheet; this AD therefore does not
include those airplanes in the
applicability.
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2014–16–16,
Amendment 39–17940 (79 FR 48018,
August 15, 2014) (AD 2014–16–16); and
AD 2018–19–28, Amendment 39–19429
(83 FR 48935, September 28, 2018) (AD
2018–19–28). AD 2014–16–16 applied
to all Embraer S.A. Model ERJ 190–100
STD, –100 LR, –100 ECJ, –100 IGW,
–200 STD, –200 LR, and –200 IGW
airplanes. AD 2018–19–28 applied to
certain Embraer S.A. 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 August 24, 2021 (86
FR 47252). The NPRM was prompted by
reports of bushing migration, loss of nut
torque on the engine pylon lower
inboard and outboard link fittings, a
loose lower link assembly, and damaged
nuts. The existing torque values could
cause damage to the nuts, which could
lead to loss of the shear pins of the
pylon outboard and inboard lower link
fittings. In addition, the existing
compliance time for the modification of
the pylon lower link fitting attaching
parts has been found to be inadequate
to address the unsafe condition. The
NPRM proposed to continue to require
the requirements of ADs 2014–16–16
and 2018–19–28, as specified in ANAC
AD 2020–06–02R02. The NPRM also
proposed to require application of a
lower torque value, inspection of certain
shear pins and replacement if necessary,
and revised compliance times for the
modification, as specified in ANAC AD
2020–06–02R02. The NPRM also
proposed to prohibit the installation of
affected parts.
The FAA is issuing this AD to address
loss of integrity of the engine pylon
lower link fittings, which could lead to
separation of the engine from the wing.
See the MCAI for additional background
information.
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Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations
Discussion of Final Airworthiness
Directive
to address the unsafe condition on these
products.
Comments
Related Service Information Under 1
CFR Part 51
The FAA received no comments on
the NPRM or on the determination of
the cost to the public.
ANAC AD 2020–06–02R02 describes
procedures for: Reduction of the torque
to be applied to the castellated nuts of
the external shear pins; inspection of
the external shear pin; modification of
the attaching parts of the left-hand (LH)
and right-hand (RH) pylon lower link
fittings, inboard and outboard positions;
and repetitive retorquing of the pylon
outboard and inboard lower link
fittings.
This AD also requires Embraer
Service Bulletin 190–54–0013, dated
Conclusion
The FAA reviewed the relevant data
and determined that air safety requires
adopting this AD as proposed. 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.
Accordingly, the FAA is issuing this AD
71371
November 27, 2012; and Embraer
Service Bulletin 190LIN–54–0004, dated
December 20, 2012; which the Director
of the Federal Register approved for
incorporation by reference as of
September 2, 2014 (79 FR 48018, August
15, 2014).
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 85 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Action
Labor cost
Retained actions from AD 2014–16–
16.
Retained actions from AD 2018–19–
28.
New actions ........................................
Cost per product
6 work-hours × $85 per hour = $510
$0 .....................
$510 .......................
Up to $43,350.
Up to 270 work-hours × $85 per hour
= Up to $22,950.
Up to 274 work-hours × $85 per hour
= Up to $23,290.
$3,200 ..............
Up to $26,150 ........
Up to $2,222,750.
Up to $3,180 ....
Up to $26,470 ........
Up to $2,249,950.
The FAA has received no definitive
data on which to base the cost estimates
for the on-condition actions specified in
this AD.
According to the manufacturer, some
or all of the costs of this AD may be
covered under warranty, thereby
reducing the cost impact on affected
operators. The FAA does not control
warranty coverage for affected operators.
As a result, the FAA has included all
known costs in the cost estimate.
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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.
VerDate Sep<11>2014
16:14 Dec 15, 2021
Cost on U.S.
operators
Parts cost
Jkt 256001
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
1. The authority citation for part 39
continues to read as follows:
■
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
(AD) 2014–16–16, Amendment 39–
17940 (79 FR 48018, August 15, 2014);
and AD 2018–19–28, Amendment 39–
19429 (83 FR 48935, September 28,
2018); and
■ b. Adding the following new AD:
■
■
2021–25–02 Yabora˜ Indu´stria Aerona´utica
S.A. (Type Certificate Previously Held
by Embraer S.A.): Amendment 39–
21845; Docket No. FAA–2021–0692;
Project Identifier MCAI–2020–01585–T.
(a) Effective Date
This airworthiness directive (AD) is
effective January 20, 2022.
(b) Affected ADs
(1) This AD replaces AD 2014–16–16,
Amendment 39–17940 (79 FR 48018, August
15, 2014) (AD 2014–16–16).
(2) This AD also replaces AD 2018–19–28,
Amendment 39–19429 (83 FR 48935,
September 28, 2018) (AD 2018–19–28).
(c) Applicability
This AD applies to all Yabora˜ Indu´stria
Aerona´utica S.A. (type certificate previously
held by Embraer S.A.) Model ERJ 190–100
STD, –100 LR, –100 ECJ, –100 IGW, –200
STD, –200 LR, and –200 IGW airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 54, Nacelles/pylons.
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71372
Federal Register / Vol. 86, No. 239 / Thursday, December 16, 2021 / Rules and Regulations
(e) Reason
This AD was prompted by reports of
bushing migration, loss of nut torque on the
engine pylon lower inboard and outboard
link fittings, a loose lower link assembly, and
damaged nuts; and the need to shorten the
compliance time for the modification of the
pylon lower link fitting attaching parts. The
FAA is issuing this AD to prevent loss of
integrity of the lower link fittings of the
engine pylon, which could lead to separation
of the engine from the wing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
For airplanes identified in Ageˆncia
Nacional de Aviac
¸a˜o Civil (ANAC) AD 2020–
06–02R02, effective November 30, 2020
(ANAC AD 2020–06–02R02): Except as
specified in paragraphs (h) and (i) of this AD,
comply with all required actions and
compliance times specified in, and in
accordance with, ANAC AD 2020–06–02R02.
(h) Exceptions to ANAC AD 2020–06–02R02
(1) Where ANAC AD 2020–06–02R02 refers
to its effective date, this AD requires using
the effective date of this AD.
(2) Where ANAC AD 2020–06–02R02 refers
to July 3, 2014, this AD requires using
September 2, 2014 (the effective date of AD
2014–16–16).
(3) Where ANAC AD 2020–06–02R02 refers
to April 25, 2017, this AD requires using
November 2, 2018 (the effective date of AD
2018–19–28).
(4) Paragraphs (y), ‘‘Alternative methods of
compliance (AMOCs),’’ and (z), ‘‘Material
incorporated by reference,’’ of ANAC AD
2020–06–02R02 do not apply to this AD.
(5) Where ANAC AD 2020–06–02R02
specifies ‘‘replace immediately,’’ this AD
requires replacing ‘‘before further flight.’’
(6) Paragraph (w), ‘‘Parts installation
prohibition,’’ of ANAC AD 2020–06–02R02
does not apply to this AD, except as specified
in paragraph (i) of this AD.
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(i) Parts Installation Prohibition
As of September 2, 2014 (the effective date
of AD 2014–16–16), no person may install a
lock assembly identified in Embraer Service
Bulletin 190–54–0013, dated November 27,
2012; or Embraer Service Bulletin 190LIN–
54–0004, dated December 20, 2012; at the
inboard or outboard lower link fitting on any
airplane.
(j) Additional 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 responsible Flight
Standards Office, as appropriate. If sending
information directly to the Large Aircraft
Section, International Validation Branch,
VerDate Sep<11>2014
16:14 Dec 15, 2021
Jkt 256001
send it to the attention of the person
identified in paragraph (k) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 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, 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): Except
as specified by paragraph (h) of this AD, for
service information that contains steps that
are labeled as Required for Compliance (RC),
the provisions of paragraphs (j)(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.
(k) 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 krista.greer@
faa.gov.
(l) 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 January 20, 2022.
(i) Ageˆncia Nacional de Aviac
¸a˜o Civil
(ANAC) AD 2020–06–02R02, effective
November 30, 2020.
(ii) [Reserved]
(4) The following service information was
approved for IBR on September 2, 2014 (79
FR 48018, August 15, 2014).
(i) Embraer Service Bulletin 190–54–0013,
dated November 27, 2012.
(ii) Embraer Service Bulletin 190LIN–54–
0004, dated December 20, 2012.
(5) For ANAC AD 2020–06–02R02, contact
ANAC, Aeronautical Products Certification
Branch (GGCP), Rua Dr. Orlando Feirabend
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Filho, 230—Centro Empresarial Aquarius—
Torre B—Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246–190—Sa˜o
Jose´ dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
internet www.anac.gov.br/en/. You may find
this ANAC AD on the ANAC website at
https://sistemas.anac.gov.br/certificacao/DA/
DAE.asp.
(6) For Embraer service information
identified in this AD, contact Embraer S.A.,
Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170—Putim—12227–
901 Sa˜o Jose dos Campos—SP—Brazil;
telephone +55 12 3927–5852 or +55 12 3309–
0732; fax +55 12 3927–7546; email distrib@
embraer.com.br; internet https://
www.flyembraer.com. For Embraer service
information that is applicable to Yabora˜
Indu´stria Aerona´utica S.A. Model ERJ 190–
100 ECJ airplanes, contact Embraer S.A.,
Technical Publications Section (PC 560),
Rodovia Presidente Dutra, km 134, 12247–
004 Distrito Eugeˆnio de Melo—Sa˜o Jose´ dos
Campos—SP—Brazil; telephone +55 12
3927–0386; email distrib@embraer.com.br;
internet https://
www.mytechcare.embraer.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 that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on November 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021–27187 Filed 12–15–21; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 107
[Docket No. FAA–2021–1158; Notice No.
107–21–01–NOA]
Accepted Means of Compliance;
Operations Over Human Beings,
Category 2 and Category 3 Small
Unmanned Aircraft
Federal Aviation
Administration, DOT.
ACTION: Notification of availability.
AGENCY:
This document announces the
acceptance of a means of compliance
(MOC) in accordance with a rule issued
by the FAA on January 21, 2021, and
went into effect on April 21, 2021. The
Administrator finds the Virginia Tech
SUMMARY:
E:\FR\FM\16DER1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Rules and Regulations]
[Pages 71370-71372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27187]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0692; Project Identifier MCAI-2020-01585-T;
Amendment 39-21845; AD 2021-25-02]
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2014-16-
16, which applied to all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -
100 ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes; and AD
2018-19-28, which applied to certain Embraer S.A. Model ERJ 190-100
STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW
airplanes. AD 2014-16-16 required, for certain airplanes, retorquing
and replacing the pylon lower link fittings, and for all airplanes,
repetitive retorquing of those fittings. AD 2018-19-28 required
modification of the attaching parts of the pylon lower link fittings.
This AD continues to require those actions, and also requires
application of a lower torque value, inspection of certain shear pins
and replacement if necessary, and revised compliance times for the
modification; as specified in an Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by
reference. This AD also prohibits the installation of affected parts.
The FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective January 20, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 20,
2022.
The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
September 2, 2014 (79 FR 48018, August 15, 2014).
ADDRESSES: For ANAC material incorporated by reference (IBR) 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 [email protected]; internet www.anac.gov.br/en/. You may find
this IBR material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. For Embraer 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. For Embraer service information identified
in this final rule that is applicable to Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. Model ERJ 190-100 ECJ airplanes, contact
Embraer S.A., Technical Publications Section (PC 560), Rodovia
Presidente Dutra, km 134, 12247-004 Distrito Eug[ecirc]nio de Melo--
S[atilde]o Jos[eacute] dos Campos--SP--Brazil; telephone +55 12 3927-
0386; email [email protected]; internet https://www.mytechcare.embraer.com. 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 in the AD
docket at https://www.regulations.gov by searching for and locating
Docket No. FAA-2021-0692.
Examining the AD Docket
You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0692; 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.
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 [email protected].
SUPPLEMENTARY INFORMATION:
Background
ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2020-06-02R02, effective November 30, 2020 (ANAC AD 2020-06-02R02)
(also referred to as the MCAI), to correct an unsafe condition for
certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model
ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR, and -
200 IGW airplanes. Model 190-100 SR airplanes are not certificated by
the FAA and are not included on the U.S. type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2014-16-16, Amendment 39-17940 (79 FR
48018, August 15, 2014) (AD 2014-16-16); and AD 2018-19-28, Amendment
39-19429 (83 FR 48935, September 28, 2018) (AD 2018-19-28). AD 2014-16-
16 applied to all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100
ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. AD 2018-19-28
applied to certain Embraer S.A. 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 August 24, 2021 (86 FR 47252). The
NPRM was prompted by reports of bushing migration, loss of nut torque
on the engine pylon lower inboard and outboard link fittings, a loose
lower link assembly, and damaged nuts. The existing torque values could
cause damage to the nuts, which could lead to loss of the shear pins of
the pylon outboard and inboard lower link fittings. In addition, the
existing compliance time for the modification of the pylon lower link
fitting attaching parts has been found to be inadequate to address the
unsafe condition. The NPRM proposed to continue to require the
requirements of ADs 2014-16-16 and 2018-19-28, as specified in ANAC AD
2020-06-02R02. The NPRM also proposed to require application of a lower
torque value, inspection of certain shear pins and replacement if
necessary, and revised compliance times for the modification, as
specified in ANAC AD 2020-06-02R02. The NPRM also proposed to prohibit
the installation of affected parts.
The FAA is issuing this AD to address loss of integrity of the
engine pylon lower link fittings, which could lead to separation of the
engine from the wing. See the MCAI for additional background
information.
[[Page 71371]]
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
The FAA reviewed the relevant data and determined that air safety
requires adopting this AD as proposed. 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. Accordingly,
the FAA is issuing this AD to address the unsafe condition on these
products.
Related Service Information Under 1 CFR Part 51
ANAC AD 2020-06-02R02 describes procedures for: Reduction of the
torque to be applied to the castellated nuts of the external shear
pins; inspection of the external shear pin; modification of the
attaching parts of the left-hand (LH) and right-hand (RH) pylon lower
link fittings, inboard and outboard positions; and repetitive
retorquing of the pylon outboard and inboard lower link fittings.
This AD also requires Embraer Service Bulletin 190-54-0013, dated
November 27, 2012; and Embraer Service Bulletin 190LIN-54-0004, dated
December 20, 2012; which the Director of the Federal Register approved
for incorporation by reference as of September 2, 2014 (79 FR 48018,
August 15, 2014).
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 85 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Action Labor cost Parts cost Cost per product Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2014-16-16 6 work-hours x $85 $0........................ $510.......................... Up to $43,350.
per hour = $510.
Retained actions from AD 2018-19-28 Up to 270 work-hours $3,200.................... Up to $26,150................. Up to $2,222,750.
x $85 per hour = Up
to $22,950.
New actions........................ Up to 274 work-hours Up to $3,180.............. Up to $26,470................. Up to $2,249,950.
x $85 per hour = Up
to $23,290.
--------------------------------------------------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions specified in this AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators. The FAA does not control warranty coverage for
affected operators. As a result, the FAA has included all known costs
in the cost estimate.
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) 2014-16-16, Amendment 39-17940
(79 FR 48018, August 15, 2014); and AD 2018-19-28, Amendment 39-19429
(83 FR 48935, September 28, 2018); and
0
b. Adding the following new AD:
2021-25-02 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
21845; Docket No. FAA-2021-0692; Project Identifier MCAI-2020-01585-
T.
(a) Effective Date
This airworthiness directive (AD) is effective January 20, 2022.
(b) Affected ADs
(1) This AD replaces AD 2014-16-16, Amendment 39-17940 (79 FR
48018, August 15, 2014) (AD 2014-16-16).
(2) This AD also replaces AD 2018-19-28, Amendment 39-19429 (83
FR 48935, September 28, 2018) (AD 2018-19-28).
(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.) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 STD,
-200 LR, and -200 IGW airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 54, Nacelles/
pylons.
[[Page 71372]]
(e) Reason
This AD was prompted by reports of bushing migration, loss of
nut torque on the engine pylon lower inboard and outboard link
fittings, a loose lower link assembly, and damaged nuts; and the
need to shorten the compliance time for the modification of the
pylon lower link fitting attaching parts. The FAA is issuing this AD
to prevent loss of integrity of the lower link fittings of the
engine pylon, which could lead to separation of the engine from the
wing.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
For airplanes identified in Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD 2020-06-02R02, effective
November 30, 2020 (ANAC AD 2020-06-02R02): Except as specified in
paragraphs (h) and (i) of this AD, comply with all required actions
and compliance times specified in, and in accordance with, ANAC AD
2020-06-02R02.
(h) Exceptions to ANAC AD 2020-06-02R02
(1) Where ANAC AD 2020-06-02R02 refers to its effective date,
this AD requires using the effective date of this AD.
(2) Where ANAC AD 2020-06-02R02 refers to July 3, 2014, this AD
requires using September 2, 2014 (the effective date of AD 2014-16-
16).
(3) Where ANAC AD 2020-06-02R02 refers to April 25, 2017, this
AD requires using November 2, 2018 (the effective date of AD 2018-
19-28).
(4) Paragraphs (y), ``Alternative methods of compliance
(AMOCs),'' and (z), ``Material incorporated by reference,'' of ANAC
AD 2020-06-02R02 do not apply to this AD.
(5) Where ANAC AD 2020-06-02R02 specifies ``replace
immediately,'' this AD requires replacing ``before further flight.''
(6) Paragraph (w), ``Parts installation prohibition,'' of ANAC
AD 2020-06-02R02 does not apply to this AD, except as specified in
paragraph (i) of this AD.
(i) Parts Installation Prohibition
As of September 2, 2014 (the effective date of AD 2014-16-16),
no person may install a lock assembly identified in Embraer Service
Bulletin 190-54-0013, dated November 27, 2012; or Embraer Service
Bulletin 190LIN-54-0004, dated December 20, 2012; at the inboard or
outboard lower link fitting on any airplane.
(j) Additional 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 responsible Flight
Standards 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 (k) 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, 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): Except as specified by
paragraph (h) of this AD, for service information that contains
steps that are labeled as Required for Compliance (RC), the
provisions of paragraphs (j)(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.
(k) 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 [email protected].
(l) 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
January 20, 2022.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2020-06-02R02, effective November 30, 2020.
(ii) [Reserved]
(4) The following service information was approved for IBR on
September 2, 2014 (79 FR 48018, August 15, 2014).
(i) Embraer Service Bulletin 190-54-0013, dated November 27,
2012.
(ii) Embraer Service Bulletin 190LIN-54-0004, dated December 20,
2012.
(5) For ANAC AD 2020-06-02R02, 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
[email protected]; internet www.anac.gov.br/en/. You may find this
ANAC AD on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
(6) For Embraer 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. For Embraer service information that is
applicable to Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
Model ERJ 190-100 ECJ airplanes, contact Embraer S.A., Technical
Publications Section (PC 560), Rodovia Presidente Dutra, km 134,
12247-004 Distrito Eug[ecirc]nio de Melo--S[atilde]o Jos[eacute] dos
Campos--SP--Brazil; telephone +55 12 3927-0386; email
[email protected]; internet https://www.mytechcare.embraer.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 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 on November 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27187 Filed 12-15-21; 8:45 am]
BILLING CODE 4910-13-P
