[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
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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 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]
 BILLING CODE 4910-13-P