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[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Rules and Regulations]
[Pages 55783-55785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22028]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0216; Directorate Identifier 2010-NM-197-AD; 
Amendment 39-16796; AD 2011-18-14]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 190 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    * * * The pylon internal shear pin was found cracked during a 
regular check. Further investigation revealed that the failure 
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil] is issuing this [Brazilian] 
AD to prevent insufficient strength of the pylon to wing attachment, 
which in combination with an engine imbalance caused by a fan blade 
out could cause pylon to wing attachment failure and consequent 
engine separation.
* * * * *
We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 14, 2011.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 14, 
2011.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; phone: 425-227-
2768; fax: 425-227-1149; e-mail: cindy.ashforth@faa.gov.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on March 14, 2011 (76 
FR 13539). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    * * * The pylon internal shear pin was found cracked during a 
regular check. Further investigation revealed that the failure 
occurred due to hydrogen embrittlement. The ANAC is issuing this 
[Brazilian] AD to prevent insufficient strength of the pylon to wing 
attachment, which in combination with an engine imbalance caused by 
a fan blade out could cause pylon to wing attachment failure and 
consequent engine separation.
* * * * *
Required actions include replacing pylon shear pins in the rear 
outboard and inboard shear pin assembly in the right- and left-hand 
pylons with new parts. You may obtain further information by examining 
the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request for Further Inspection

    JetBlue requested that, in addition to replacement of the pylon 
rear inboard and outboard internal shear pins, a detailed visual 
inspection of the pylon rear outboard and inboard external shear pins 
should be done to ensure that

[[Page 55784]]

the external shear pins have no evidence of corrosion and corrosion 
products, or corrosion pitting. JetBlue found external shear pins with 
surface corrosion and pitting.
    We disagree with the request. Embraer inspected the suspect 
external shear pins from JetBlue and found particles of sealant and 
other contaminants embedded in the inner surface, but there was no sign 
of corrosion or damage. The material of the external shear pin is 
corrosion-resistant stainless steel. No change has been made to the AD 
in this regard.

Request To Clarify Service Bulletin Reference

    Embraer requested that paragraph (j) of the NPRM refer to EMBRAER 
Service Bulletin 190LIN-54-0001, dated June 21, 2010, rather than 
190LIN-54-001.
    We agree with the request and have made the change in paragraph (j) 
of this AD.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously. We determined that this 
change will not increase the economic burden on any operator or 
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 73 products of U.S. registry. 
We also estimate that it will take about 10 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $2,360 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $234,330, or $3,210 per product.

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.

Regulatory Findings

    We determined that 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 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); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the 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.

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 AD:

2011-18-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16796. Docket No. FAA-2011-0216; Directorate Identifier 
2010-NM-197-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
14, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) 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; certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 54: 
Nacelles/Pylons.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    * * * The pylon internal shear pin was found cracked during a 
regular check. Further investigation revealed that the failure 
occurred due to hydrogen embrittlement. The ANAC [Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil] is issuing this [Brazilian] 
AD to prevent insufficient strength of the pylon to wing attachment, 
which in combination with an engine imbalance caused by a fan blade 
out could cause pylon to wing attachment failure and consequent 
engine separation.
* * * * *

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Replace Shear Pins

    (g) For Model ERJ 190-100 STD, -100 LR, -100 IGW; and ERJ 190-
200 STD, -200 LR,

[[Page 55785]]

and -200 IGW airplanes: Within 3,000 flight hours after the 
effective date of this AD, replace the shear pins having part number 
(P/N) 190-15178-003 and P/N 190-15181-003 in the rear outboard and 
inboard shear pin assembly in the right- and left-hand pylons, with 
new shear pins having P/N 190-15178-005 and P/N 190-15181-005, 
respectively, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 190-54-0010, dated May 19, 2010.
    (h) For Model ERJ 190-100 ECJ airplanes: Within 3,000 flight 
hours or within 12 months after the effective date of this AD, 
whichever occurs first, replace the shear pins having P/N 190-15178-
003 and P/N 190-15181-003, in the rear outboard and inboard shear 
pin assembly in the right- and left-hand pylons, with new shear pins 
having P/N 190-15178-005 and P/N 190-15181-005, respectively, in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 190LIN-54-0001, dated June 21, 2010.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information 
as follows: The MCAI allows credit for previous installation of 
internal shear pins in accordance with EMBRAER 190 Aircraft 
Maintenance Manual Task 54-50-00-400, Revision 19, dated July 15, 
2010. This AD does not allow credit for this task; however, under 
the provisions of paragraph (i) of this AD, we will consider 
requests for an alternative method of compliance.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, 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 Branch, send it to ATTN: Cindy 
Ashforth, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-2768; fax (425) 227-1149. 
Information may be e-mailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
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. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2010-08-
02, dated September 20, 2010; and EMBRAER Service Bulletins 190-54-
0010, dated May 19, 2010, and 190LIN-54-0001, dated June 21, 2010; 
for related information.

Material Incorporated by Reference

    (k) You must use EMBRAER Service Bulletin 190-54-0010, dated May 
19, 2010; or EMBRAER Service Bulletin 190LIN-54-0001, dated June 21, 
2010; as applicable; to do the actions required by this AD, unless 
the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone 
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; e-mail 
distrib@embraer.com.br; Internet http://www.flyembraer.com.
    (3) You may review copies of the service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at 
the FAA, call 425-227-1221.
    (4) You may also review copies of the 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/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 19, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2011-22028 Filed 9-8-11; 8:45 am]
BILLING CODE 4910-13-P
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