AD 2019-03-21

[Federal Register Volume 84, Number 38 (Tuesday, February 26, 2019)]
[Rules and Regulations]
[Pages 6064-6067]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2019-03127]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0905; Product Identifier 2018-NM-115-AD; Amendment 
39-19573; AD 2019-03-21]
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 190-100 STD, -100 LR, -100 IGW airplanes; and 
Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. This AD was 
prompted by reports of corrosion and chromium layer chipping of the 
forward and aft pintle pins of the main landing gear (MLG) shock 
struts. This AD requires repetitive inspections for discrepancies of 
affected forward and aft pintle pins of the MLG shock struts, and 
corrective actions if necessary. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective April 2, 2019.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 2, 
2019.

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; telephone: +55 12 3927-5852 or +55 12 3309-0732; 
fax: +55 12 3927-7546; email: <a href="/cdn-cgi/l/email-protection#cda9a4beb9bfa4af8da8a0afbfaca8bfe3aea2a0e3afbf"><span class="__cf_email__" data-cfemail="680c011b1c1a010a280d050a1a090d1a460b0705460a1a">[email&#160;protected]</span></a>; internet: <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>. 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. FAA-2018-
0905.

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> by searching for and locating Docket No. FAA-2018-
0905; 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; telephone 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 all Embraer S.A. Model ERJ 
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes. The NPRM published in the Federal Register on November 5, 
2018 (83 FR 55297). The NPRM was prompted by reports of corrosion and 
chromium layer chipping of the forward and aft pintle pins of the MLG 
shock struts. The NPRM proposed to require repetitive inspections for 
discrepancies of affected forward and aft pintle pins of the MLG

[[Page 6065]]

shock struts, and corrective actions if necessary. We are issuing this 
AD to address discrepancies of affected forward and aft pintle pins of 
the MLG shock struts, which could result in the pintle pin shearing 
under normal load and consequent collapse of the MLG during takeoff or 
landing.
    Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which 
is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2018-07-01, effective July 24, 2018 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Embraer S.A. 
Model ERJ 190-100 STD, -100 LR, -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 corrosion and 
chromium layer chipping on the rearward and forward Pintle Pin of 
the Main Landing Gear (MLG) Shock Struts. We are issuing this 
[Brazilian] AD to detect and correct Pintle Pin[s] having 
[discrepancies including] corrosion or chromium layer chipping, 
which could cause the Pintle Pin[s] to shear under normal load and 
lead to collapse of the MLG during take-off or landing.

    Corrective actions include repair or replacement of affected 
forward and aft pintle pins of the left- and right-hand MLG shock 
struts. You may examine the MCAI in the AD docket on the internet at 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and locating Docket No. 
FAA-2018-0905.

Comments

    We gave the public the opportunity to participate in developing 
this final rule. We received no comments on the NPRM or on the 
determination of the cost to the public.

Change Made to This Final Rule

    We have changed this final rule to reference Task 32-11-001-1034, 
``Main Landing Gear Shock Strut Pintle Pins--Internal,'' of the Embraer 
190/195 Maintenance Review Board Report MRB-1928, Revision 12, dated 
September 27, 2018. In Revision 12, among other changes, the task 
interval is extended from 66 months to 72 months resulting from 
findings of an MLG sampling program.
    We have also added Embraer 190/195 Maintenance Review Board Report 
MRB-1928, Revision 12, dated September 27, 2018, to paragraphs (i)(1) 
and (i)(2) of this AD to give credit for inspections that have been 
done before the effective date of this AD as specified in Task 57-50-
007-1247, ``Main Landing Gear Trunnion Fittings--Inside Surfaces--
Internal,'' and Task 32-11-00-001, ``Main Landing Gear (MLG)'' of 
Embraer 190/195 Maintenance Review Board Report MRB-1928, Revision 12, 
dated September 27, 2018.
    We have also revised paragraph (i)(3) of this AD to refer to Task 
32-11-001-1034, ``Main Landing Gear Shock Strut Pintle Pins--
Internal,'' Embraer 190/195 Maintenance Review Board Report MRB-1928, 
Revision 11, dated May 10, 2017, and we have redesignated subsequent 
paragraphs.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this final rule with the changes 
described previously and minor editorial changes. We have determined 
that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    Embraer has issued Service Bulletin 190-32-0065, Revision 02, dated 
November 1, 2017. This service information describes procedures for 
repetitive detailed inspection for discrepancies of affected forward 
and aft pintle pins of the left- and right-hand MLG shock struts, and 
repair or replacement of any discrepant affected pintle pin.
    Embraer has also issued Task 32-11-001-1034, ``Main Landing Gear 
Shock Strut Pintle Pins--Internal,'' of the Embraer 190/195 Maintenance 
Review Board Report MRB-1928, Revision 12, dated September 27, 2018. 
This service information describes procedures for the inspection of 
pintle pins of the MLG shock struts at areas covered by the MLG shock 
strut and trunnion.
    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 96 airplanes of U.S. registry. We 
estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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Up to 22 work-hours x $85 per hour = Up               $0  Up to $1,870 per            Up to $179,520 per
 to $1,870.                                                inspection cycle.           inspection cycle.
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    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of any required 
inspection. We have no way of determining the number of aircraft that 
might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
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           Labor cost                 Parts cost       Cost per product
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6 work-hours x $85 per hour =     $1,750 per MLG....  $2,260 per MLG
 $510 per MLG (replacement).
6 work-hours x $85 per hour =     $0................  $510 per MLG.
 $510 per MLG (repair).
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[[Page 6066]]

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):

2019-03-21 Embraer S.A.: Amendment 39-19573; Docket No. FAA-2018-
0905; Product Identifier 2018-NM-115-AD.

(a) Effective Date

    This AD is effective April 2, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR, 
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 reports of corrosion and chromium layer 
chipping of the forward and aft pintle pins of the main landing gear 
(MLG) shock struts. We are issuing this AD to address discrepancies 
of affected forward and aft pintle pins of the MLG shock struts, 
which could result in the pintle pin shearing under normal load and 
consequent collapse of the MLG during takeoff or landing.

(f) Compliance

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

(g) Repetitive Inspections

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD: Do a detailed inspection for discrepancies of affected 
forward and aft pintle pins of the left- and right-hand MLG shock 
struts, in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 190-32-0065, Revision 02, dated November 1, 
2017. Repeat the inspection thereafter at intervals not to exceed 72 
months.
    (1) For airplanes on which any MLG pintle pin having part number 
(P/N) 2821-0067 or 2821-0025 has accumulated fewer than 17,000 total 
flight cycles since new: Before the accumulation of 17,750 total 
flight cycles.
    (2) For airplanes on which any MLG pintle pin having P/N 2821-
0067 or 2821-0025 has accumulated 17,000 or more total flight cycles 
since new: Within 750 flight cycles after the effective date of this 
AD.

(h) Corrective Actions

    If any discrepancy of any pintle pin is found during any 
inspection required by paragraph (g) of this AD: Before further 
flight, repair the affected pintle pin or replace it with a new 
pintle pin, as applicable, in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 190-32-0065, Revision 02, 
dated November 1, 2017.

(i) Credit for Previous Actions

    This paragraph provides credit for the initial inspection 
required by paragraph (g) of this AD, if that inspection was 
performed before the effective date of this AD using the applicable 
service information identified in paragraphs (i)(1) through (i)(6) 
of this AD.
    (1) Task 57-50-007-1247, ``Main Landing Gear Trunnion Fittings--
Inside Surfaces--Internal,'' Embraer 190/195 Maintenance Review 
Board Report MRB-1928, Revision 11, dated May 10, 2017; or Revision 
12, dated September 27, 2018.
    (2) Task 32-11-00-001, ``Main Landing Gear (MLG),'' Embraer 190/
195 Maintenance Review Board Report MRB-1928, Revision 11, dated May 
10, 2017; or Revision 12, dated September 27, 2018.
    (3) Task 32-11-001-1034, ``Main Landing Gear Shock Strut Pintle 
Pins--Internal,'' Embraer 190/195 Maintenance Review Board Report 
MRB-1928, Revision 11, dated May 10, 2017.
    (4) Embraer Service Bulletin 190-32-0002, Revision 01, dated 
November 8, 2012.
    (5) Embraer Service Bulletin 190-32-0065, dated August 31, 2016.
    (6) Embraer Service Bulletin 190-32-0065, Revision 01, dated 
October 24, 2017.

(j) Equivalent Inspection

    Performing a detailed inspection for discrepancies of affected 
forward and aft pintle pins of the left- and right-hand MLG shock 
struts, in accordance with Task 32-11-001-1034, ``Main Landing Gear 
Shock Strut Pintle Pins--Internal,'' of the Embraer 190/195 
Maintenance Review Board Report MRB-1928, Revision 12, dated 
September 27, 2018, at intervals not to exceed 72 months, is 
equivalent to an inspection required by paragraph (g) 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 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 (l)(2) of this AD. Information 
may be emailed to: <a href="/cdn-cgi/l/email-protection#9da4b0dcd3d0b0acacabb0dcd0d2deb0cfd8ccc8d8cec9ceddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="31081c707f7c1c0000071c707c7e721c6374606474626562715750501f565e47">[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

[[Page 6067]]

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.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified 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 procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2018-07-01, effective July 
24, 2018, for related information. This MCAI may be found in the AD 
docket on the internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching 
for and locating Docket No. FAA-2018-0905.
    (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.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(3) and (m)(4) of this AD.

(m) 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 190-32-0065, Revision 02, dated 
November 1, 2017.
    (ii) Task 32-11-001-1034, ``Main Landing Gear Shock Strut Pintle 
Pins--Internal,'' of the Embraer 190/195 Maintenance Review Board 
Report MRB-1928, Revision 12, dated September 27, 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; 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="8befe2f8fff9e2e9cbeee6e9f9eaeef9a5e8e4e6a5e9f9">[email&#160;protected]</span></a>; internet: 
<a href="http://www.flyembraer.com">http://www.flyembraer.com</a>.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Des Moines, Washington, on February 14, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-03127 Filed 2-25-19; 8:45 am]
 BILLING CODE 4910-13-P