[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Proposed Rules]
[Pages 16016-16019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05486]
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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]
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), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. (Type
Certificate Previously Held by Embraer 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 proposed AD was prompted by reports of
cracks discovered on the engine pylon inboard lower link lugs. This
proposed AD would 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 Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) Brazilian AD, which will be
incorporated by reference. The FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 4,
2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact National Civil Aviation
Agency, Aeronautical Products Certification Branch (GGCP), Rua Laurent
Martins, n[ordm] 209, Jardim Esplanada, CEP 12242-431--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. You may view this IBR material at the FAA,
Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call 206-
231-3195. It is also available in the AD docket on the internet at
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 NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221; email
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2020-0202;
Product
[[Page 16017]]
Identifier 2020-NM-025-AD'' at the beginning of your comments. The FAA
specifically invites comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. The FAA will consider
all comments received by the closing date and may amend this NPRM based
on those comments.
The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this NPRM.
Discussion
The ANAC, which is the aviation authority for Brazil, has issued
Brazilian AD 2020-01-02, effective January 28, 2020 (``Brazilian 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.
This proposed 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 proposing 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.
Related IBR Material Under 1 CFR Part 51
ANAC Brazilian 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.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in Brazilian AD 2020-01-02 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and the European Union
Aviation Safety Agency (EASA) to develop a process to use certain EASA
ADs as the primary source of information for compliance with
requirements for corresponding FAA ADs. The FAA has since coordinated
with other manufacturers and civil aviation authorities (CAAs) to use
this process. As a result, Brazilian AD 2020-01-02 will be incorporated
by reference in the FAA final rule. This proposed AD would, therefore,
require compliance with Brazilian AD 2020-01-02 in its entirety,
through that incorporation, except for any differences identified as
exceptions in the regulatory text of this proposed AD. Service
information specified in Brazilian AD 2020-01-02 that is required for
compliance with Brazilian AD 2020-01-02 will be available on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-0202 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 659 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
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
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The FAA estimates that it would take about 1 work-hour per product
to comply with the reporting requirement in this proposed 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 proposed 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 proposed AD
is 2120-0056. The paperwork cost associated with this proposed 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 proposed 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
[[Page 16018]]
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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 proposed
regulation:
(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 Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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):
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. (Type
Certificate Previously Held by Embraer S.A.) Airplanes: Docket No.
FAA-2020-0202; Product Identifier 2020-NM-025-AD.
(a) Comments Due Date
The FAA must receive comments by May 4, 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, as identified in Brazilian AD 2020-01-
02, effective January 28, 2020 (``Brazilian AD 2020-01-02'').
(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, Brazilian AD 2020-01-02.
(h) Exceptions to Brazilian AD 2020-01-02
(1) Where Brazilian AD 2020-01-02 refers to its effective date,
this AD requires using the effective date of this AD.
(2) Where Brazilian AD 2020-01-02 requires contacting ``the ANAC
[Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil] 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
Brazilian AD 2020-01-02 does not apply to this AD.
(4) Paragraph (e) of Brazilian AD 2020-01-02 specifies to report
inspection results to ANAC and Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica 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,
International Section, Transport Standards 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 International Section, send it to the attention of
the person identified in paragraph (j)(2) 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 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, International
Section, Transport Standards 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) Reporting Requirements: 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; the nature and extent of confidentiality to be
provided, if any. 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
(1) For information about Brazilian AD 2020-01-02, contact
National Civil Aviation Agency, Aeronautical Products Certification
Branch (GGCP), Rua Laurent Martins, n[ordm] 209, Jardim Esplanada,
CEP 12242-431--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 material on the ANAC website
at https://sistemas.anac.gov.br/certificacao/DA/
[[Page 16019]]
DAE.asp. You may view this material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195. This
material may also be found in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0202.
(2) For more information about this AD, contact Krista Greer,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3221; email [email protected].
Issued on March 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-05486 Filed 3-19-20; 8:45 am]
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