[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
[Rules and Regulations]
[Pages 41175-41177]
[FR Doc No: 2020-14780]

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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<EMAIL_ADDRESS>
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.
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<PHONE_NUMBER>. It is also available in the AD docket on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0202.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov 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<PHONE_NUMBER>;
email<EMAIL_ADDRESS>
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

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:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     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
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                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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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.

(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<EMAIL_ADDRESS>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<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(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:
<EMAIL_ADDRESS>You may find this IBR material on the ANAC website
at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (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<PHONE_NUMBER>. This material may be found in the AD
docket on the internet at https://www.regulations.gov 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
<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    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]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment:The attached files are the following docket-related documents:
?	FAA Notice of proposed rulemaking
?	FAA Notice of proposed rulemaking grid
?	Economic and Regulatory Evaluation