[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Proposed Rules]
[Pages 93647-93649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30030]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9507; Directorate Identifier 2016-NM-127-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(Embraer)

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 all 
Embraer S.A. Model EMB-120, -120ER, -120FC, -120QC, and -120RT 
airplanes. This proposed AD was prompted by changes to the 
airworthiness limitations, which add life-limited landing gear parts 
not previously identified. This proposed AD would require revising the 
maintenance or inspection program to incorporate new airworthiness 
limitations that add life limits for previously unidentified landing 
gear parts. We are proposing this AD to address the unsafe condition on 
these products.

DATES: We must receive comments on this proposed AD by February 6, 
2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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 view this referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. 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 by searching for and locating Docket No. FAA-2016-
9507; or in person at the Docket Management Facility 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; 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-2016-9507; 
Directorate Identifier 2016-NM-127-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 2016-07-02, dated July 27, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Embraer S.A. 
Model EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. The MCAI 
states:

    This [Brazilian] AD was prompted by changes to the Airworthiness 
Limitation Section of the Maintenance Review Board Report MRB 120-
HI-200, which add life-limited landing gear parts not previously 
identified. We are issuing this [Brazilian] AD to prevent life-
limited landing gear parts from being used beyond their safe-life 
limits, which could lead to collapse of the landing gear.

    This proposed AD would require revising the maintenance or 
inspection program to incorporate new airworthiness limitations that 
add life limits for previously unidentified landing gear parts. You may 
examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9507.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Embraer S.A. service information:
     Temporary Revision (TR) 28-1 to MRB Report 120-HI-200, 
dated May 17, 2016. This service information adds life-limited landing 
gear parts not previously identified to the airworthiness limitations 
section.
     Alert Service Bulletin 120-32-A543, dated July 11, 2016. 
This service information provides procedures for replacement of 
affected parts.
    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.

[[Page 93648]]

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 these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 70 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Maintenance program revision........  1 work-hour x $85 per                $0              $85           $5,950
                                       hour = $85.
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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.

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

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):

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2016-9507; Directorate Identifier 2016-NM-127-AD.

 (a) Comments Due Date

    We must receive comments by February 6, 2017.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to Embraer S.A. Model EMB-120, EMB-120RT, EMB-
120ER, EMB-120FC, and EMB-120QC 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 changes to the Airworthiness Limitation 
Section of the Maintenance Review Board (MRB) Report 120-HI-200, 
which adds life-limited landing gear parts not previously 
identified. We are issuing this AD to prevent life-limited landing 
gear parts from being used beyond their safe-life limits, which 
could lead to collapse of the landing gear.

 (f) Compliance

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

 (g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the 
maintenance or inspection program, as applicable, by incorporating 
the life-limited landing gear parts and the applicable safe-life 
limits identified in table 1 to paragraph (g) of this AD, as 
specified in Embraer S.A. Temporary Revision (TR) 28-1 to MRB Report 
120-HI-200, dated May 17, 2016.

                      Table 1 to Paragraph (g) of This AD--Life-Limited Landing Gear Parts
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                  Part number                                Description             Safe-life limits (landings)
----------------------------------------------------------------------------------------------------------------
19699-001-00...................................  Pin drag strut, lower.............                      104,054
19429-000-00...................................  Piston tube (pre-modification                            30,000
                                                  service bulletin 120-032-0514).
19429-000-00...................................  Piston tube (post-modification                           90,000
                                                  service bulletin 120-032-0514).
19946-001-00...................................  Pin leg hinge.....................                       90,000
20030-001-00...................................  Pin torque link...................                       90,000
19437-000-00...................................  Drag strut, upper half............                      104,054
20031-001-00...................................  Pin drag strut hinge..............                      104,054
19414-000-00...................................  Piston tube.......................                       90,000

[[Page 93649]]

 
19919-000-00...................................  Pin leg hinge.....................                       90,000
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 (h) Replace Affected Parts

    The initial compliance for the replacement of affected parts is 
specified in paragraphs (h)(1) and (h)(2) of this AD. Replace 
affected parts with serviceable parts, in accordance with the 
Accomplishment Instructions of Embraer S.A. Alert Service Bulletin 
120-32-A543, dated July 11, 2016.
    (1) Before the applicable safe-life limit identified in table 1 
to paragraph (g) of this AD, or within 90 days after the effective 
date of this AD, whichever occurs later.
    (2) Within 90 days after the effective date of this AD for parts 
on which the current status is unknown.

 (i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install on 
any airplane a main landing gear part or nose landing gear part 
having a part number identified in table 1 to paragraph (g) of this 
AD, if it has reached or exceeded its safe-life limit, or if its 
current status is unknown.

 (j) No Alternative Actions and Intervals

    After accomplishing the revision required by paragraph (g) of 
this AD, no alternative actions (e.g., inspections) or intervals may 
be used unless the actions or intervals are approved as an 
alternative method of compliance in accordance with the procedures 
specified in paragraph (k)(1) 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, 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 ACO, send it to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone (425) 227-1175; 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.
    (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 
Branch, ANM-116, Transport Airplane Directorate, 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.

 (l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) ANAC AD No.: 2016-07-02, dated July 27, 2016, for related 
information. This MCAI may be found in the AD docket on the Internet 
at http://www.regulations.gov by searching for and locating Docket 
No. FAA-2016-9507.
    (2) For service information identified in this NPRM, 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 
view this service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on December 6, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-30030 Filed 12-20-16; 8:45 am]
 BILLING CODE 4910-13-P