AD 2012-15-03

[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44437-44439]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-17957]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1251; Directorate Identifier 2011-NM-017-AD; 
Amendment 39-17132; AD 2012-15-03]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. 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 all 
Embraer S.A. Model ERJ 190 airplanes. This AD was prompted by a report 
of damage on the rod end of the retracting actuator rod of the main 
landing gear (MLG). This AD requires performing a one-time general 
visual inspection to determine if a certain part number is installed on 
the MLG retraction actuator; if necessary, performing a general visual 
inspection for discrepancies between the actuator rod end and shock 
strut lug of the MLG retraction actuator; and corrective actions if 
necessary. We are issuing this AD to detect and correct breakage of the 
MLG retracting actuator rod, which may result in MLG extension with no 
hydraulic damping and consequent damage to the locking mechanism and 
collapse of the MLG.

DATES: This AD becomes effective September 4, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 4, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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; telephone (425) 
227-2768; fax (425) 227-1149.

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 November 28, 2011 
(76 FR 72855). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    It has been found the occurrence of damage on the rod end of the 
Main Landing Gear (MLG) retraction actuator. The ANAC [Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil] is issuing this AD to 
prevent breakage of the MLG retracting actuator rod, which may 
result in MLG extension with no hydraulic damping and consequent 
damage to the locking mechanism and collapse of the MLG.
* * * * *
Required actions include a one-time general visual inspection to 
determine if a certain part number is installed on the left-hand and 
right-hand MLG retraction actuator, and if necessary, a general visual 
inspection for discrepancies (such as cracks, damage, and movement) 
between the actuator rod end and shock strut lug of the MLG retraction 
actuator. The corrective actions include: If any discrepancy is found 
during any inspection, including any movement between the actuator rod-
end and shock strut lug, replace the MLG retraction actuator, and as 
applicable, replace the anti-rotation pin and the attachment bolt with 
a new pin and bolt; replace the actuator with a new actuator having a 
certain part number, and modify the attachment points. 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 To Use Additional Service Bulletins

    EMBRAER requested that we revise the NPRM (76 FR 72855, November 
28, 2011) to include EMBRAER Service Bulletin 190LIN-32-0014, dated 
February 10, 2011 (for Model 190-100 ECJ airplanes); and EMBRAER 
Service Bulletin 190LIN-32-0015, dated February 10, 2011 (for Model 
190-100 ECJ airplanes); as additional service information for the 
inspection and replacement of the MLG retraction actuator, bolt, and 
anti-rotation pin.
    We agree with EMBRAER's request to add additional service 
information to this AD. EMBRAER Service Bulletin 190LIN-32-0014, dated 
February 10, 2011 (for Model 190-100 ECJ airplanes), provides 
procedures for doing the inspection; and EMBRAER Service Bulletin 
190LIN-32-0015, dated February 10, 2011 (for Model 190-100 ECJ 
airplanes, provides procedures for the replacement. The procedures to 
do the inspection and replacement are essentially the same as those 
specified in EMBRAER Service Bulletin 190-32-0036, dated October 4, 
2010 (for Model ERJ 190 airplanes); and EMBRAER Service Bulletin 190-
32-0037, dated October 6, 2010 (for Model ERJ 190 airplanes). We have 
revised this AD accordingly.

Request To Allow Flight After Damage Is Found

    EMBRAER requested that we revise the NPRM (76 FR 72855, November 
28, 2011) to allow further flight within 500 flight cycles after any 
damage is found on the airplane. EMBRAER stated that EMBRAER Service 
Bulletin 190LIN-32-0014, dated February 10, 2011 (for Model 190-100 ECJ 
airplanes); EMBRAER Service Bulletin 190LIN-32-0015, dated February 10, 
2011 (for Model 190-100 ECJ airplanes); and Brazilian Airworthiness 
Directive 2011-02-01, dated February 12, 2011; allows replacement of 
the MLG retraction actuator, the attachment bolt, and the anti-rotation 
pin within the next 500 flight cycles if any discrepancy is found. 
EMBRAER stated that the NPRM requires that any discrepancy found be 
replaced before further flight.
    We disagree with EMBRAER's request to allow further flight within 
500 flight cycles after any damage is found on the airplane. Our policy 
requires repair of known cracks or damage before further flight (though 
we might make

[[Page 44438]]

exceptions to this policy in certain cases of unusual need). This 
policy is based on the fact that such damaged airplanes do not conform 
to the FAA-certificated type design and, therefore, are not airworthy 
until a properly approved repair is made.
    We consider the compliance times in this AD adequate, allowing 
operators to acquire parts to have on hand in the event that any crack 
or damage is detected during inspection. Therefore, we have determined 
that, due to the safety implications and consequences associated with 
such cracking and damage, any subject MLG retraction actuator that is 
found to be cracked or damaged must be repaired or modified before 
further flight. We have not changed the final rule regarding this 
issue.

Change in Product Identification

    We have revised the applicability of the existing NPRM (76 FR 
72855, November 28, 2011) to identify model designations as published 
in the most recent type certificate data sheet for the affected models.

Explanation of Redesignated Note

    We have redesignated Note 1 of the existing NPRM (76 FR 72855, 
November 28, 2011) as paragraph (g)(3) of this AD, respectively.

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 changes described previously--except for minor 
editorial changes. We have determined that these changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (76 FR 72855, November 28, 2011) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (76 FR 72855, November 28, 2011).

Costs of Compliance

    We estimate that this AD will affect 73 products of U.S. registry. 
We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $6,205, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and require parts costing $0, for a cost of 
$510 per product. We have no way of determining the number of products 
that may need these actions.

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 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.
    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  <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 (76 FR 72855, November 28, 
2011), 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:

2012-15-03 Embraer S.A.: Amendment 39-17132. Docket No. FAA-2011-
1251; Directorate Identifier 2011-NM-017-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 4, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 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; certificated in any category; all serial 
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 32: Landing 
Gear.

(e) Reason

    This AD was prompted by a report of damage on the rod end of the 
retracting actuator rod of the main landing gear (MLG). We are 
issuing this AD to detect and correct breakage of the MLG retracting 
actuator rod, which may result in MLG extension with no hydraulic 
damping and consequent damage to the locking mechanism and collapse 
of the MLG.

(f) Compliance

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

(g) One-Time General Visual Inspection

    Within 30 days after the effective date of this AD, do a one-
time general visual inspection to determine if part number (P/N) 
190-70980-403 is installed on the left-hand and right-hand MLG 
retraction actuator. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the part number of the MLG 
retraction actuator can be conclusively determined from that review.

[[Page 44439]]

    (1) No further action is required by paragraph (g) of this AD if 
no MLG retraction actuator having P/N 190-70980-403 is found.
    (2) If any MLG retraction actuator having P/N 190-70980-403 is 
found, do a GVI of the actuator and bolt (P/N 2821-0028) for 
discrepancies (such as cracks, damage, and movement between the 
actuator rod end and shock strut lug of the MLG retraction 
actuator), in accordance with ``Part I'' of the Accomplishment 
Instructions of EMBRAER Service Bulletin 190-32-0036, dated October 
4, 2010 (for all Model ERJ 190 airplanes); or EMBRAER Service 
Bulletin 190LIN-32-0014, dated February 10, 2011 (for Model 190-100 
ECJ airplanes); within the applicable compliance time specified in 
paragraphs (g)(2)(i) and (g)(2)(ii) of this AD. Repeat the 
inspection, thereafter, at intervals not to exceed 3,500 flight 
cycles, until the actions required by paragraph (j) of this AD are 
done.
    (i) For any MLG retraction actuator that has accumulated fewer 
than 3,500 total flight cycles as the effective date of this AD, do 
the GVI of the actuator before the accumulation of 4,500 total 
flight cycles on the MLG retraction actuator.
    (ii) For any MLG retraction actuator that has accumulated 3,500 
total flight cycles or more as of the effective date of this AD, do 
the GVI of the actuator within 1,000 flight cycles after the 
effective date of this AD.
    (3) For the purpose of this AD, a general visual inspection 
(GVI) is: ``A visual examination of an interior or exterior area, 
installation or assembly to detect obvious damage, failure or 
irregularity. This level of inspection is made from within touching 
distance, unless otherwise specified. A mirror may be necessary to 
enhance visual access to all exposed surfaces in the inspection 
area. This level of inspection is made under normally available 
lighting conditions such as daylight, hangar lighting, flashlight or 
droplight, and may require removal or opening of access panels or 
doors. Stands, ladders or platforms may be required to gain 
proximity to the area being checked.''

(h) Corrective Actions

    If any discrepancy is found during any inspection required by 
paragraph (g)(2) of this AD, including any movement between the 
actuator rod-end and shock strut lug: Before further flight, replace 
the MLG retraction actuator, and as applicable the anti-rotation pin 
and the attachment bolt, in accordance with ``Part II'' and ``Part 
III,'' as applicable, of the Accomplishment Instructions of EMBRAER 
Service Bulletin 190-32-0036, dated October 4, 2010 (for all Model 
ERJ 190 airplanes), or EMBRAER Service Bulletin 190LIN-32-0014, 
dated February 10, 2011 (for Model 190-100 ECJ airplanes); except 
where EMBRAER Service Bulletin 190-32-0036, dated October 4, 2010 
(for all Model ERJ 190 airplanes), or EMBRAER Service Bulletin 
190LIN-32-0014, dated February 10, 2011 (for Model 190-100 ECJ 
airplanes), specifies to contact the manufacturer, before further 
flight repair, in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
or Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (or its 
delegated agent).

(i) Replacement for MLG Retraction Actuator Having P/N 190-70980-403

    Before any MLG retraction actuator having P/N 190-70980-403 
accumulates 12,000 total flight cycles or within 1,000 flight cycles 
after the effective date of this AD, whichever occurs later, replace 
the actuator with new a actuator having P/N 190-70980-405, and 
modify the attachment points, in accordance with ``Part I'' and 
``Part II,'' as applicable, of the Accomplishment Instructions of 
EMBRAER Service Bulletin 190-32-0037, dated October 6, 2010 (for all 
Model ERJ 190 airplanes); or EMBRAER Service Bulletin 190LIN-32-
0015, dated February 10, 2011 (for Model 190-100 ECJ airplanes).

(j) Replacement for All Actuators

    For all actuators: Within 20,000 flight cycles or within 96 
months after the effective date of this AD, whichever occurs first, 
do the replacement and modification, as applicable, in accordance 
with ``Part III'' of the Accomplishment Instructions of EMBRAER 
Service Bulletin 190-32-0037, dated October 6, 2010 (for all Model 
ERJ 190 airplanes); or EMBRAER Service Bulletin 190LIN-32-0015, 
dated February 10, 2011 (for Model 190-100 ECJ airplanes). Doing the 
actions in this paragraph terminates the action for the requirements 
specified in paragraphs (g), (h), and (i) of this AD.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, 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 emailed to: <a href="/cdn-cgi/l/email-protection#360f1b77787b1b0707001b777b79751b64736763736562657650575718515940"><span class="__cf_email__" data-cfemail="71485c303f3c5c4040475c303c3e325c2334202434222522311710105f161e07">[email&#160;protected]</span></a>. 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.

(l) Related Information

    Refer to MCAI Brazilian Airworthiness Directive 2011-02-01, 
dated February 12, 2011, and the service information in paragraph 
(l)(1) through (l)(4) of this AD; for related information.
    (1) EMBRAER Service Bulletin 190-32-0036, dated October 4, 2010.
    (2) EMBRAER Service Bulletin 190-32-0037, dated October 6, 2010.
    (3) EMBRAER Service Bulletin 190LIN-32-0014, dated February 10, 
2011.
    (4) EMBRAER Service Bulletin 190LIN-32-0015, dated February 10, 
2011.

 (m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the following service 
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise.
    (i) EMBRAER Service Bulletin 190-32-0036, dated October 4, 2010.
    (ii) EMBRAER Service Bulletin 190-32-0037, dated October 6, 
2010.
    (iii) EMBRAER Service Bulletin 190LIN-32-0014, dated February 
10, 2011.
    (iv) EMBRAER Service Bulletin 190LIN-32-0015, dated February 10, 
2011.
    (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--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; 
fax +55 12 3927-7546; email <a href="/cdn-cgi/l/email-protection#b7d3dec4c3c5ded5f7d2dad5c5d6d2c599d4d8da99d5c5"><span class="__cf_email__" data-cfemail="f89c918b8c8a919ab89d959a8a999d8ad69b9795d69a8a">[email&#160;protected]</span></a>; Internet <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>.
    (4) 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.
    (5) 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 an NARA facility, call 202-741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Renton, Washington, on July 13, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-17957 Filed 7-27-12; 8:45 am]
BILLING CODE 4910-13-P