[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
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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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)
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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