[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