[Federal Register Volume 86, Number 239 (Thursday, December 16, 2021)]
[Rules and Regulations]
[Pages 71370-71372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27187]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0692; Project Identifier MCAI-2020-01585-T; 
Amendment 39-21845; AD 2021-25-02]
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 superseding Airworthiness Directive (AD) 2014-16-
16, which applied to all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -
100 ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes; and AD 
2018-19-28, which applied to certain Embraer S.A. Model ERJ 190-100 
STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes. AD 2014-16-16 required, for certain airplanes, retorquing 
and replacing the pylon lower link fittings, and for all airplanes, 
repetitive retorquing of those fittings. AD 2018-19-28 required 
modification of the attaching parts of the pylon lower link fittings. 
This AD continues to require those actions, and also requires 
application of a lower torque value, inspection of certain shear pins 
and replacement if necessary, and revised compliance times for the 
modification; as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by 
reference. This AD also prohibits the installation of affected parts. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective January 20, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 20, 
2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
September 2, 2014 (79 FR 48018, August 15, 2014).

ADDRESSES: For ANAC material incorporated by reference (IBR) in this 
AD, 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; 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. For Embraer 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; telephone +55 12 3927-5852 or +55 12 3309-
0732; fax +55 12 3927-7546; email [email protected]; internet 
http://www.flyembraer.com. For Embraer service information identified 
in this final rule that is applicable to Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. Model ERJ 190-100 ECJ airplanes, contact 
Embraer S.A., Technical Publications Section (PC 560), Rodovia 
Presidente Dutra, km 134, 12247-004 Distrito Eug[ecirc]nio de Melo--
S[atilde]o Jos[eacute] dos Campos--SP--Brazil; telephone +55 12 3927-
0386; email [email protected]; internet https://www.mytechcare.embraer.com. 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 206-231-3195. It is also available in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0692.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0692; 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 
mandatory continuing airworthiness information (MCAI), 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 206-231-3221; 
email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    ANAC, which is the aviation authority for Brazil, has issued ANAC 
AD 2020-06-02R02, effective November 30, 2020 (ANAC AD 2020-06-02R02) 
(also referred to as the MCAI), to correct an unsafe condition for 
certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model 
ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR, and -
200 IGW airplanes. Model 190-100 SR airplanes are not certificated by 
the FAA and are not included on the U.S. type certificate data sheet; 
this AD therefore does not include those airplanes in the 
applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2014-16-16, Amendment 39-17940 (79 FR 
48018, August 15, 2014) (AD 2014-16-16); and AD 2018-19-28, Amendment 
39-19429 (83 FR 48935, September 28, 2018) (AD 2018-19-28). AD 2014-16-
16 applied to all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 
ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. AD 2018-19-28 
applied to certain Embraer S.A. 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 August 24, 2021 (86 FR 47252). The 
NPRM was prompted by reports of bushing migration, loss of nut torque 
on the engine pylon lower inboard and outboard link fittings, a loose 
lower link assembly, and damaged nuts. The existing torque values could 
cause damage to the nuts, which could lead to loss of the shear pins of 
the pylon outboard and inboard lower link fittings. In addition, the 
existing compliance time for the modification of the pylon lower link 
fitting attaching parts has been found to be inadequate to address the 
unsafe condition. The NPRM proposed to continue to require the 
requirements of ADs 2014-16-16 and 2018-19-28, as specified in ANAC AD 
2020-06-02R02. The NPRM also proposed to require application of a lower 
torque value, inspection of certain shear pins and replacement if 
necessary, and revised compliance times for the modification, as 
specified in ANAC AD 2020-06-02R02. The NPRM also proposed to prohibit 
the installation of affected parts.
    The FAA is issuing this AD to address loss of integrity of the 
engine pylon lower link fittings, which could lead to separation of the 
engine from the wing. See the MCAI for additional background 
information.

[[Page 71371]]

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator. Accordingly, 
the FAA is issuing this AD to address the unsafe condition on these 
products.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2020-06-02R02 describes procedures for: Reduction of the 
torque to be applied to the castellated nuts of the external shear 
pins; inspection of the external shear pin; modification of the 
attaching parts of the left-hand (LH) and right-hand (RH) pylon lower 
link fittings, inboard and outboard positions; and repetitive 
retorquing of the pylon outboard and inboard lower link fittings.
    This AD also requires Embraer Service Bulletin 190-54-0013, dated 
November 27, 2012; and Embraer Service Bulletin 190LIN-54-0004, dated 
December 20, 2012; which the Director of the Federal Register approved 
for incorporation by reference as of September 2, 2014 (79 FR 48018, 
August 15, 2014).
    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 85 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                          Estimated Costs for Required Actions
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Action                      Labor cost               Parts cost                 Cost per product              Cost on U.S. operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Retained actions from AD 2014-16-16  6 work-hours x $85     $0........................  $510..........................  Up to $43,350.
                                      per hour = $510.
Retained actions from AD 2018-19-28  Up to 270 work-hours   $3,200....................  Up to $26,150.................  Up to $2,222,750.
                                      x $85 per hour = Up
                                      to $22,950.
New actions........................  Up to 274 work-hours   Up to $3,180..............  Up to $26,470.................  Up to $2,249,950.
                                      x $85 per hour = Up
                                      to $23,290.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. As a result, the FAA has included all known costs 
in the 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.
    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.

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:
0
a. Removing Airworthiness Directive (AD) 2014-16-16, Amendment 39-17940 
(79 FR 48018, August 15, 2014); and AD 2018-19-28, Amendment 39-19429 
(83 FR 48935, September 28, 2018); and
0
b. Adding the following new AD:

2021-25-02 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
21845; Docket No. FAA-2021-0692; Project Identifier MCAI-2020-01585-
T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 20, 2022.

(b) Affected ADs

    (1) This AD replaces AD 2014-16-16, Amendment 39-17940 (79 FR 
48018, August 15, 2014) (AD 2014-16-16).
    (2) This AD also replaces AD 2018-19-28, Amendment 39-19429 (83 
FR 48935, September 28, 2018) (AD 2018-19-28).

(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.) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, 
-200 LR, and -200 IGW airplanes, certificated in any category.

(d) Subject

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

[[Page 71372]]

(e) Reason

    This AD was prompted by reports of bushing migration, loss of 
nut torque on the engine pylon lower inboard and outboard link 
fittings, a loose lower link assembly, and damaged nuts; and the 
need to shorten the compliance time for the modification of the 
pylon lower link fitting attaching parts. The FAA is issuing this AD 
to prevent loss of integrity of the lower link fittings of the 
engine pylon, which could lead to separation of the engine from the 
wing.

(f) Compliance

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

(g) Requirements

    For airplanes identified in Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD 2020-06-02R02, effective 
November 30, 2020 (ANAC AD 2020-06-02R02): Except as specified in 
paragraphs (h) and (i) of this AD, comply with all required actions 
and compliance times specified in, and in accordance with, ANAC AD 
2020-06-02R02.

(h) Exceptions to ANAC AD 2020-06-02R02

    (1) Where ANAC AD 2020-06-02R02 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where ANAC AD 2020-06-02R02 refers to July 3, 2014, this AD 
requires using September 2, 2014 (the effective date of AD 2014-16-
16).
    (3) Where ANAC AD 2020-06-02R02 refers to April 25, 2017, this 
AD requires using November 2, 2018 (the effective date of AD 2018-
19-28).
    (4) Paragraphs (y), ``Alternative methods of compliance 
(AMOCs),'' and (z), ``Material incorporated by reference,'' of ANAC 
AD 2020-06-02R02 do not apply to this AD.
    (5) Where ANAC AD 2020-06-02R02 specifies ``replace 
immediately,'' this AD requires replacing ``before further flight.''
    (6) Paragraph (w), ``Parts installation prohibition,'' of ANAC 
AD 2020-06-02R02 does not apply to this AD, except as specified in 
paragraph (i) of this AD.

(i) Parts Installation Prohibition

    As of September 2, 2014 (the effective date of AD 2014-16-16), 
no person may install a lock assembly identified in Embraer Service 
Bulletin 190-54-0013, dated November 27, 2012; or Embraer Service 
Bulletin 190LIN-54-0004, dated December 20, 2012; at the inboard or 
outboard lower link fitting on any airplane.

(j) Additional 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 responsible Flight 
Standards 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 (k) 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 
responsible Flight Standards 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): Except as specified by 
paragraph (h) of this AD, for service information that contains 
steps that are labeled as Required for Compliance (RC), the 
provisions of paragraphs (j)(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.

(k) 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 206-231-3221; email [email protected].

(l) 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.
    (3) The following service information was approved for IBR on 
January 20, 2022.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2020-06-02R02, effective November 30, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
September 2, 2014 (79 FR 48018, August 15, 2014).
    (i) Embraer Service Bulletin 190-54-0013, dated November 27, 
2012.
    (ii) Embraer Service Bulletin 190LIN-54-0004, dated December 20, 
2012.
    (5) For ANAC AD 2020-06-02R02, 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; telephone 55 (12) 3203-6600; email 
[email protected]; internet www.anac.gov.br/en/. You may find this 
ANAC AD on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (6) For Embraer 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 [email protected]; internet http://www.flyembraer.com. For Embraer service information that is 
applicable to Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
Model ERJ 190-100 ECJ airplanes, contact Embraer S.A., Technical 
Publications Section (PC 560), Rodovia Presidente Dutra, km 134, 
12247-004 Distrito Eug[ecirc]nio de Melo--S[atilde]o Jos[eacute] dos 
Campos--SP--Brazil; telephone +55 12 3927-0386; email 
[email protected]; internet https://www.mytechcare.embraer.com.
    (7) 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 206-231-3195.
    (8) 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 protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 24, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-27187 Filed 12-15-21; 8:45 am]
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