[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Proposed Rules]
[Pages 74628-74630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30368]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1227; Directorate Identifier 2012-NM-016-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 190 airplanes. This proposed AD was 
prompted by reports of cracks on the side stay of the main landing gear 
(MLG). This proposed AD would require repetitive measurements of the 
left-hand (LH) and right-hand (RH) MLG side stay support fitting to 
detect bushing migration, replacement of the bushing if necessary, and 
eventual replacement of the bushing; a detailed inspection for damage 
on the LH and RH MLG side stay support assembly, and related 
investigative and corrective actions if necessary. We are proposing 
this AD to prevent excessive bearing friction, which might compromise 
the MLG free fall extension, and cause fatigue cracking on the MLG side 
stay and on its support assembly, resulting in reduced structural 
integrity of the MLG.

DATES: We must receive comments on this proposed AD by January 31, 
2013.

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 W12-140, 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 
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 [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-2012-1227; 
Directorate Identifier 2012-NM-016-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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2012-01-01, effective January 28, 2012 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    This [ANAC] AD results from reports of cracks on the Main 
Landing Gear (MLG) Side Stay. Further investigation has revealed 
that the cracks were caused by excessive friction on the MLG Side 
Stay Support Fitting due to its outer bushing migration. This [ANAC] 
AD is being issued to prevent such excessive bearing friction which 
may compromise the MLG free fall extension and; cause fatigue cracks 
on the MLG Side Stay and on the MLG Side Stay Support Assembly 
resulting in reduced structural integrity of the MLG.
* * * * *
The required actions include repetitive measurements of the LH and RH 
MLG side stay support fitting to detect bushing migration, replacement 
the bushing if necessary, and eventual replacement of the bushing; a 
detailed

[[Page 74629]]

inspection for damage on the LH and RH MLG side stay support assembly, 
and related investigative and corrective actions if necessary. The 
related investigative actions include a general visual inspection and 
an eddy current inspection for any cracking on the upper and lower side 
stays of the affected side stay support assembly. The corrective 
actions include replacing or repairing the MLG side stay or MLG side 
stay assembly, and removing corrosion. You may obtain further 
information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer S.A. has issued the following service information:
     EMBRAER Service Bulletin 190-32-0043, Revision 02, dated 
August 23, 2011.
     EMBRAER Service Bulletin 190-57-0036, Revision 02, dated 
August 12, 2011.
     EMBRAER Service Bulletin 190LIN-32-0017, dated June 10, 
2011.
     EMBRAER Service Bulletin 190LIN-57-0016, dated June 10, 
2011.

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 97 products of U.S. registry. We also estimate that 
it would take about 44 work-hours 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 $362,780, or $3,740 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.

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);
    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 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:

Embraer S.A.: Docket No. FAA-2012-1227; Directorate Identifier 2012-
NM-016-AD.

(a) Comments Due Date

    We must receive comments by January 31, 2013.

(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; as 
identified in the service information specified in paragraphs (c)(1) 
and (c)(2) of this AD.
    (1) EMBRAER Service Bulletin 190-57-0036, Revision 02, dated 
August 12, 2011.
    (2) EMBRAER Service Bulletin 190LIN-57-0016, dated June 10, 
2011.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Reason

    This AD was prompted by reports of cracks on the side stay of 
the main landing gear (MLG). We are issuing this AD to prevent 
excessive bearing friction, which might compromise the MLG free fall 
extension, and cause fatigue cracking on the MLG side stay and on 
its support assembly, resulting in reduced structural integrity 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) Measurement for Bushing Migration of the MLG Side Stay Support 
Fitting

    Within 100 flight cycles after the effective date of this AD: 
Measure the left-hand (LH) and right-hand (RH) MLG side stay support 
fitting to detect bushing migration, in accordance with Part I of 
the Accomplishment Instructions of EMBRAER Service Bulletin 190-57-
0036, Revision 02, dated August 12, 2011 (for Model ERJ 190-100 STD, 
-100 LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, 
and -200 IGW airplanes); or EMBRAER Service Bulletin 190LIN-57-0016, 
dated June 10, 2011 (Model ERJ 190-100 ECJ airplanes).
    (1) If the distance of bushing migration is less than 5 
millimeters (mm), repeat the measurement required by paragraph (g) 
of this AD thereafter at intervals not to exceed 100 flight cycles 
until the actions required by paragraph (h) of this AD are 
accomplished.
    (2) If the distance of bushing migration is equal to or more 
than 5 mm, before further flight, do the actions required by 
paragraph (h) of this AD.

(h) Replacement of the MLG Side Stay Support Fitting Bushing

    Within 1,200 flight cycles after the effective date of this AD, 
except as specified by the compliance time in paragraph (g)(2) of 
this AD: Replace the LH and RH MLG side stay support fitting 
bushing, in accordance with Part II and Part III, respectively, of 
the

[[Page 74630]]

Accomplishment Instructions of EMBRAER Service Bulletin 190-57-0036, 
Revision 02, dated August 12, 2011 (Model ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 
IGW airplanes); or EMBRAER Service Bulletin 190LIN-57-0016, dated 
June 10, 2011 (Model ERJ 190-100 ECJ airplanes). Replacing the 
bushings terminates the repetitive measurements required by 
paragraph (g)(1) of this AD.

(i) MLG Side Stay and MLG Side Stay Support Assembly Inspection and 
Repair

    At the applicable time specified in paragraph (i)(1), (i)(2), or 
(i)(3) of this AD: Perform a detailed inspection for damage on the 
LH and RH MLG side stay support assembly, and do all applicable 
related investigative and corrective actions, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 190-32-0043, 
Revision 02, dated August 23, 2011 (Model ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 
IGW airplanes); or EMBRAER Service Bulletin 190LIN-32-0017, dated 
June 10, 2011 (Model ERJ 190-100 ECJ airplanes). Do all applicable 
related investigative and corrective actions before further flight.
    (1) For airplanes on which the actions specified in Part II and 
Part III of EMBRAER Service Bulletin 190-57-0036, or EMBRAER Service 
Bulletin 190LIN-57-0016, have been done, as applicable, as of the 
effective date of this AD: Within 100 flight cycles after the 
effective date of this AD.
    (2) For airplanes on which the actions specified in EMBRAER 
Service Bulletin 190-57-0036, or EMBRAER Service Bulletin 190LIN-57-
0016, dated June 10, 2011, as applicable, have not been done as of 
the effective date of this AD; except for airplanes identified in 
paragraph (i)(3) of this AD: Within 1,200 flight cycles after the 
effective date of this AD.
    (3) For airplanes on which the actions specified in EMBRAER 
Service Bulletin 190-32-0043, dated March 1, 2011, have been done as 
the effective date of this AD, and a repair of the MLG side stay 
support assembly was done if damage was found: Within 600 flight 
cycles after the effective date of this AD.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using EMBRAER Service Bulletin 
190-57-0036, dated September 20, 2010; or EMBRAER Service Bulletin 
190-57-0036, Revision 01, dated February 28, 2011; which are not 
incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by 
paragraph (i) of this AD, if those actions were performed before the 
effective date of this AD EMBRAER Service Bulletin 190-32-0043, 
Revision 01, dated April 29, 2011, which is not incorporated by 
reference in 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, 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 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.

(l) Special Flight Permits

    Special flight permits may be issued in accordance with sections 
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199) to operate the airplane to a location where the airplane 
can be modified (if the operator elects to do so), provided that it 
is not a revenue flight and it meets weight limitations requirements 
specified by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA.

(m) Related Information

    (1) Refer to MCAI Brazilian Airworthiness Directive 2012-01-01, 
effective January 28, 2012, and the service information specified in 
paragraphs (m)(1)(i) through (m)(1)(iv) of this AD, for related 
information.
    (i) EMBRAER Service Bulletin 190-32-0043, Revision 02, dated 
August 23, 2011.
    (ii) EMBRAER Service Bulletin 190-57-0036, Revision 02, dated 
August 12, 2011.
    (iii) EMBRAER Service Bulletin 190LIN-32-0017, dated June 10, 
2011.
    (iv) EMBRAER Service Bulletin 190LIN-57-0016, dated June 10, 
2011.
    (2) 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 [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.

    Issued in Renton, Washington, on December 6, 2012.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-30368 Filed 12-14-12; 8:45 am]
BILLING CODE 4910-13-P