[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Rules and Regulations]
[Pages 48935-48938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20929]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0509; Product Identifier 2017-NM-076-AD; Amendment 
39-19429; AD 2018-19-28]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW 
airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. 
This AD was prompted by reports of bushing migration and loss of nut 
torque on the engine pylon lower inboard and outboard link fittings. 
This AD requires modification of the attaching parts of the left-hand 
(LH) and right-hand (RH) pylon lower link fittings, inboard and 
outboard positions. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective November 2, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of November 2, 
2018.

ADDRESSES: For 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; phone: +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. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0509

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 Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations (phone: 800-647-
5527) 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, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; phone and fax: 206-231-3221.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Embraer S.A. Model 
ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW airplanes; and Model 
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. The NPRM published in 
the Federal Register on June 11, 2018 (83 FR 26877). The NPRM was 
prompted by reports of bushing migration and loss of nut torque on the 
engine pylon lower inboard and outboard link fittings. The NPRM 
proposed to require modification of the attaching parts of the LH and 
RH pylon lower link fittings, inboard and outboard positions. The NPRM 
also specified that accomplishing certain proposed actions would 
terminate certain requirements in AD 2014-16-16, Amendment 39-17940 (79 
FR 48018, August 15, 2014).
    We are issuing this AD to address loss of integrity of the engine 
pylon lower link fittings, possibly resulting in separation of the 
engine from the wing.
    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 190-100 STD, -100 
LR, -100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 
LR, and -200 IGW 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.


[[Page 48936]]


    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.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We have considered the comment received. The Air Line 
Pilots Association, International (ALPA) stated that it supported the 
intent of the NPRM.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this final rule as proposed, except for minor editorial changes. We 
have 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.

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.

Costs of Compliance

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

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

    According to the manufacturer, some of the costs of this 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 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 and 
associated appliances to the Director of the System Oversight Division.

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) 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.

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):

2018-19-28 Embraer S.A.: Amendment 39-19429; Docket No. FAA-2018-
0509; Product Identifier 2017-NM-076-AD.

(a) Effective Date

    This AD is effective November 2, 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.

[[Page 48937]]

(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, 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.

(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 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 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 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; or 
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.

[[Page 48938]]

    (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; phone and 
fax: 206-231-3221.

(n) 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) Embraer Service Bulletin 190-54-0016, Revision 04, dated 
December 7, 2017.
    (ii) Embraer Service Bulletin 190LIN-54-0008, Revision 02, dated 
May 9, 2018.
    (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; phone: +55 12 3927-5852 or +55 12 3309-0732; 
fax: +55 12 3927-7546; email: [email protected]; internet: 
http://www.flyembraer.com.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on September 14, 2018.
John P. Piccola,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-20929 Filed 9-27-18; 8:45 am]
 BILLING CODE 4910-13-P