[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Proposed Rules]
[Pages 72855-72858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30571]
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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]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
[[Page 72856]]
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 190
airplanes. This proposed 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:
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.
* * * * *
The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by January 12,
2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed 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; email
[email protected]; Internet http://www.flyembraer.com. You may
review copies of the referenced 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.
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 this proposed AD, 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.
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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-1251;
Directorate Identifier 2011-NM-017-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Agencia Nacional De Aviacao Civil--Brazil (ANAC), which is the
airworthiness authority for Brazil, has issued Brazilian Airworthiness
Directive 2011-02-01, dated February 12, 2011 (referred to after this
as ``the MCAI''), 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 performing 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,
performing 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 action
includes, if any discrepancy is found during any inspection, including
any movement between the actuator rod-end and shock strut lug,
replacing the MLG retraction actuator, and as applicable the anti-
rotation pin and the attachment bolt with a new pin and bolt; and
replacing the actuator with new actuator having a certain part number,
and modifying the attachment points. You may obtain further information
by examining the MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletin 190-32-0036, dated October 4,
2010; and Service Bulletin 190-32-0037, dated October 6, 2010. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.
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 our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
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 proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 73 products of U.S. registry.
[[Page 72857]]
We also estimate that it would take about 1 work-hour per product to
comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on 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. 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. 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 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. 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 proposed AD and placed it in the AD docket.
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
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]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2011-1251; Directorate Identifier 2011-NM-017-AD.
Comments Due Date
(a) We must receive comments by January 12, 2012.
Affected ADs
(b) None.
Applicability
(c) This AD applies to 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; all serial numbers.
Subject
(d) Air Transport Association (ATA) of America Code 32: Landing
Gear.
Reason
(e) The mandatory continuing airworthiness information (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.
* * * * *
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.
Actions
(g) 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.
Note 1: 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.''
(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, 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 of 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.
(h) 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 EMBRAER Service Bulletin 190-32-0036, dated
October 4, 2010; except where EMBRAER Service Bulletin 190-32-0036,
dated October 4, 2010, 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) Before any MLG retraction actuator having P/N 190-70980-403
accumulates
[[Page 72858]]
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 a new 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.
(j) 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 EMBRAER Service Bulletin 190-32-0037, dated
October 6, 2010. Doing the actions in this paragraph is a
terminating action for the requirements specified in paragraphs (g),
(h), and (i) of this AD.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service information
as follows: Brazilian Airworthiness Directive 2011-02-01, dated
February 12, 2011, requires replacing the MLG retraction actuator,
and as applicable, the anti-rotation pin and attachment bolt within
the next 500 flight cycles if any discrepancy is found. However, if
any discrepancy is found, this AD requires replacing the MLG
retraction actuator, and as applicable, the anti-rotation pin and
attachment bolt, before further flight.
Other FAA AD Provisions
(k) 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: [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. 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
(l) Refer to MCAI Brazilian Airworthiness Directive 2011-02-01,
dated February 12, 2011; EMBRAER Service Bulletin 190-32-0036, dated
October 4, 2010; and EMBRAER Service Bulletin 190-32-0037, dated
October 6, 2010; for related information.
Issued in Renton, Washington, on November 10, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-30571 Filed 11-25-11; 8:45 am]
BILLING CODE 4910-13-P