[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Proposed Rules]
[Pages 26877-26880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12228]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0509; Product Identifier 2017-NM-076-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 190 airplanes. This proposed AD was 
prompted by reports of bushing migration and loss of nut torque on the 
engine pylon lower inboard and outboard link fittings. This proposed AD 
would require modification of the attaching parts of the left-hand (LH) 
and right-hand (RH) pylon lower link fittings, inboard and outboard 
positions. We are proposing this AD to address the unsafe condition on 
these products.

DATES: We must receive comments on this proposed AD by July 26, 2018.

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 http://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 service information identified in this NPRM, 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: http://www.flyembraer.com. You 
may view this service information 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.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0509; or in person at the Docket Management Facility 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 the Docket Operations 
office (telephone: 800-647-5527) is in the ADDRESSES section. 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.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite 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-2018-0509; 
Product Identifier 2017-NM-076-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM based on 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this NPRM.

Discussion

    Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which 
is the aviation authority for Brazil, has issued Brazilian AD 2017-04-
01, effective April 25, 2017 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for certain Embraer S.A. Model ERJ 190 airplanes. The 
MCAI states:

    This [Brazilian] AD was prompted by reports of bushing migration 
and loss of nut torque on the engine pylon lower inboard and 
outboard link fittings. We are issuing this [Brazilian] AD to 
prevent loss of integrity of the engine pylon lower link fittings, 
which could result in separation of the engine from the wing.
    This [Brazilian] AD requires modifications of the attaching 
parts of the left handle (LH) and right handle (RH) pylon lower link 
fittings, inboard and outboard positions.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0509.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Embraer Service Bulletin 190-54-0016, 
Revision 04, dated December 7, 2017; and Embraer Service Bulletin 
190LIN-54-0008, Revision 02, dated May 9, 2018. The service information 
describes procedures for modification of the attaching parts of the LH 
and RH pylon lower link fittings, inboard and outboard positions. These 
documents are distinct since they apply to different airplane models. 
This service information 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

[[Page 26878]]

country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type designs.

Costs of Compliance

    We estimate that this proposed AD affects 85 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
            Action                   Labor cost         Parts cost      Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Modification..................  Up to 270 work-hours          $3,200  Up to $26,150.......  Up to $2,222,750.
                                 x $85 per hour =
                                 $22,950.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all available costs in our 
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.
    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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes to the Director of the System Oversight 
Division.

Regulatory Findings

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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):

Embraer S.A.: Docket No. FAA-2018-0509; Product Identifier 2017-NM-
076-AD.

(a) Comments Due Date

    We must receive comments by July 26, 2018.

(b) Affected ADs

    This AD affects AD 2014-16-16, Amendment 39-17940 (79 FR 48018, 
August 15, 2014) (``AD 2014-16-16'').

(c) Applicability

    This AD applies to the Embraer S.A. airplanes identified in 
paragraphs (c)(1) and (c)(2) of this AD, certificated in any 
category.
    (1) Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and 
Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes; as 
identified in Embraer Service Bulletin 190-54-0016, Revision 04, 
dated December 7, 2017.
    (2) Model ERJ 190-100 ECJ airplanes as identified in Embraer 
Service Bulletin 190LIN-54-0008, Revision 02, dated May 9, 2018.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of bushing migration and loss of 
nut torque on the engine pylon lower inboard and outboard link 
fittings. We are issuing this AD to prevent loss of integrity of the 
engine pylon lower link fittings, and possibly resulting in 
separation of the engine from the wing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Definitions

    (1) Group 1 airplanes are defined as: Serial numbers 19000002, 
19000004, 19000006 through 19000108 inclusive, 19000110 through 
19000139 inclusive, 19000141 through 19000158 inclusive, 19000160 
through 19000176 inclusive, 19000178 through 19000202 inclusive, 
19000204 through 19000224 inclusive, 19000226 through 19000235 
inclusive, 19000237 through 19000242 inclusive, 19000244 through 
19000260 inclusive, 19000262 through 19000277 inclusive, 19000279 
through 19000295 inclusive, 19000297 through 19000306 inclusive, 
19000308 through 19000316 inclusive, 19000318 through 19000361 
inclusive, 19000363 through 19000437 inclusive, 19000439 through 
19000452 inclusive, 19000454 through 19000466 inclusive, 19000468 
through 19000525 inclusive, 19000527 through 19000533 inclusive, 
19000535 through 19000558 inclusive, 19000560 through 19000570 
inclusive, 19000572 through 19000610 inclusive, 19000612 through 
19000631 inclusive, and 19000633 through 19000636 inclusive.
    (2) Group 2 airplanes are defined as: Serial numbers 19000637 
through 19000640 inclusive, 19000642 through 19000655 inclusive, 
19000657 through 19000682 inclusive, 19000684 through 19000686 
inclusive, 19000688, 19000689, and 19000692 through 19000694 
inclusive.

[[Page 26879]]

(h) Left-Hand (LH) Pylon Lower Link Fitting Attaching Parts 
Modification

    (1) For Group 1 airplanes as identified in paragraph (g)(1) of 
this AD: Within 15,000 flight hours or 48 months after the effective 
date of this AD, whichever occurs later, replace the plain bushings 
of the lower inboard and outboard link fittings, install the lock 
washers with the L-profile on the fuse pin's head side, and replace 
the internal shear pin of the fuse pins with new ones having larger 
head diameter, in accordance with ``PART I'' of the Accomplishment 
Instructions of Embraer Service Bulletin 190-54-0016, Revision 04, 
dated December 7, 2017.
    (2) For Group 2 airplanes as identified in paragraph (g)(2) of 
this AD: Within 15,000 flight hours or 48 months after the effective 
date of this AD, whichever occurs later, replace the internal shear 
pin of the fuse pins with new ones having larger head diameter, in 
accordance with ``PART I'' of the Accomplishment Instructions of 
Embraer Service Bulletin 190-54-0016, Revision 04, dated December 7, 
2017.
    (3) For airplanes identified as Group 1 in Embraer Service 
Bulletin 190LIN-54-0008, Revision 02, dated May 9, 2018: Within 48 
months after the effective date of this AD, replace the plain 
bushings of the lower inboard and outboard link fittings, install 
the lock washers with the L-profile on the fuse pin's head side, and 
replace the internal shear pin of the fuse pins with new ones having 
larger head diameter, in accordance with ``PART I'' of the 
Accomplishment Instructions of Embraer Service Bulletin 190LIN-54-
0008, Revision 02, dated May 9, 2018.
    (4) For airplanes identified as Group 2 in Embraer Service 
Bulletin Embraer Service Bulletin 190LIN-54-0008, Revision 02, dated 
May 9, 2018: Within 48 months after the effective date of this AD, 
replace the internal shear pin of the fuse pins with new ones having 
larger head diameter, in accordance with ``PART I'' of the 
Accomplishment Instructions of Embraer Service Bulletin 190LIN-54-
0008, Revision 02, dated May 9, 2018.

(i) Right-Hand (RH) Pylon Lower Link Fitting Attaching Parts 
Modification

    (1) For Group 1 airplanes as identified in paragraph (g)(1) of 
this AD: Within 15,000 flight hours or 48 months after the effective 
date of this AD, whichever occurs later, replace the plain bushings 
of the lower inboard and outboard link fittings, install the lock 
washers with the L-profile on the fuse pin's head side, and replace 
the internal shear pin of the fuse pins with new ones having larger 
head diameter, in accordance with ``PART II'' of the Accomplishment 
Instructions of Embraer Service Bulletin 190-54-0016, Revision 04, 
dated December 7, 2017.
    (2) For Group 2 airplanes as identified in paragraph (g)(2) of 
this AD: Within 15,000 flight hours or 48 months after the effective 
date of this AD, whichever occurs later, replace the internal shear 
pin of the fuse pins with new ones having larger head diameter, in 
accordance with ``PART II'' of the Accomplishment Instructions of 
Embraer Service Bulletin 190-54-0016, Revision 04, dated December 7, 
2017.
    (3) For airplanes identified as Group 1 in Embraer Service 
Bulletin Embraer Service Bulletin 190LIN-54-0008, Revision 02, dated 
May 9, 2018: Within 48 months after the effective date of this AD, 
replace the plain bushings of the lower inboard and outboard link 
fittings, install the lock washers with the L-profile on the fuse 
pin's head side, and replace the internal shear pin of the fuse pins 
with new ones having larger head diameter, in accordance with ``PART 
II'' of the Accomplishment Instructions of Embraer Service Bulletin 
190LIN-54-0008, Revision 02, dated May 9, 2018.
    (4) For airplanes identified as Group 2 in Embraer Service 
Bulletin Embraer Service Bulletin 190LIN-54-0008, Revision 02, dated 
May 9, 2018: Within 48 months after the effective date of this AD, 
replace the internal shear pin of the fuse pins with new ones having 
larger head diameter, in accordance with ``PART II'' of the 
Accomplishment Instructions of Embraer Service Bulletin 190LIN-54-
0008, Revision 02, dated May 9, 2018.

(j) Terminating Action for AD 2014-16-16

    (1) Accomplishing the actions required by paragraph (h)(1) or 
(h)(2) of this AD, as applicable, terminates the requirements of 
paragraphs (g)(1), (h)(1), and (i)(1) of AD 2014-16-16 for that LH 
pylon lower link fitting.
    (2) Accomplishing the actions required by paragraph (h)(3) or 
(h)(4) of this AD, as applicable, terminates the requirements of 
paragraphs (g)(2), (h)(2), and (i)(2) of AD 2014-16-16 for that LH 
pylon lower link fitting.
    (3) Accomplishing the actions required by paragraph (i)(1) or 
(i)(2) of this AD, as applicable, terminates the requirements of 
paragraphs (g)(1), (h)(1), and (i)(1) of AD 2014-16-16 for that RH 
pylon lower link fitting.
    (4) Accomplishing the actions required by paragraph (i)(3) or 
(i)(4) of this AD, as applicable, terminates the requirements of 
paragraphs (g)(2), (h)(2), and (i)(2) of AD 2014-16-16 for that RH 
pylon lower link fitting.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraphs (h)(1), (h)(2), (i)(1), and (i)(2) of this AD, if those 
actions were performed before the effective date of this AD using 
Embraer Service Bulletin 190-54-0016, dated September 22, 2015; 
Embraer Service Bulletin 190-54-0016, Revision 01, dated January 18, 
2016; Embraer Service Bulletin 190-54-0016, Revision 02, dated 
September 12, 2016; or Embraer Service Bulletin 190-54-0016, 
Revision 03, dated May 18, 2017.
    (2) This paragraph provides credit for actions required by 
paragraphs (h)(3), (h)(4), (i)(3), and (i)(4) of this AD, if those 
actions were performed before the effective date of this AD using 
Embraer Service Bulletin 190LIN-54-0008, dated October 2, 2015; 
Embraer Service Bulletin 190LIN-54-0008, Revision 01, dated April 
13, 2017.

(l) 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 (m)(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 corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or the Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (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 
(l)(3)(i) and (l)(3)(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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian AD 2017-04-01, effective April 25, 2017; for 
related information. This MCAI may be found in the AD docket on the 
internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2018-0509.
    (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.
    (3) For 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:

[[Page 26880]]

[email protected]; internet: http://www.flyembraer.com. You may 
view this service information 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.

    Issued in Des Moines, Washington, on May 31, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-12228 Filed 6-8-18; 8:45 am]
 BILLING CODE 4910-13-P