[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24013-24015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10284]


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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; 
Amendment 39-18878; AD 2017-10-04]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all 
Embraer S.A. Model EMB-120, -120ER, -120FC, -120QC, and -120RT 
airplanes. This AD was prompted by changes to the airworthiness 
limitations, which add life-limited landing gear parts not previously 
identified. This AD requires revising the maintenance or inspection 
program, as applicable, to incorporate new airworthiness limitations 
that add life limits for previously unidentified landing gear parts. We 
are issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective June 29, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of June 29, 
2017.

ADDRESSES: For service information identified in this final rule, 
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. It is also 
available on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9507.

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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Embraer S.A. Model EMB-
120, -120ER, -120FC, -120QC, and -120RT airplanes. The NPRM published 
in the Federal Register on December 21, 2016 (81 FR 93647). The NPRM 
was prompted by changes to the airworthiness limitations, which add 
life-limited landing gear parts not previously identified. The NPRM 
proposed to require revising the maintenance or inspection program, as 
applicable, to incorporate new airworthiness limitations that add life 
limits for previously unidentified landing gear parts. 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.
    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 AD requires revising the maintenance or inspection program, as 
applicable, 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Embraer service information:
     EMB-120 Brasilia Maintenance Review Board (MRB) Report, 
Temporary Revision 28-1, 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.

Costs of Compliance

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

[[Page 24014]]



                                                 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.
----------------------------------------------------------------------------------------------------------------

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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 that this AD:
    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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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):

2017-10-04 Embraer S.A.: Amendment 39-18878; Docket No. FAA-2016-
9507; Directorate Identifier 2016-NM-127-AD.

(a) Effective Date

    This AD is effective June 29, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-120, EMB-120ER, EMB-
120FC, EMB-120QC, and EMB-120RT 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 
limitations, which add 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 EMB-120 Brasilia Maintenance Review Board (MRB) Report, 
Temporary Revision 28-1, dated May 17, 2016.

  Table 1 to Paragraph (g) of This AD--Life-Limited Landing Gear Parts
------------------------------------------------------------------------
                                                             Safe-life
            Part No.                   Description            limits
                                                            (landings)
------------------------------------------------------------------------
19699-001-00...................  Pin drag strut, lower..         104,054
19429-000-00...................  Piston tube (pre-                30,000
                                  modification Embraer
                                  Service Bulletin 120-
                                  032-0514).
19429-000-00...................  Piston tube (post-               90,000
                                  modification Embraer
                                  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
19919-000-00...................  Pin leg hinge..........          90,000
------------------------------------------------------------------------

(h) Replace Affected Parts

    The initial compliance time 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 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

[[Page 24015]]

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, send it to the attention of 
the person identified in paragraph (l)(2) of this AD. 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) Brazilian AD 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 more information about this AD, contact Todd Thompson, 
Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1175; fax 425-227-1149.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) EMB-120 Brasilia Maintenance Review Board (MRB) Report, 
Temporary Revision 28-1, dated May 17, 2016.
    (ii) Embraer Alert Service Bulletin 120-32-A543, dated July 11, 
2016.
    (3) For service information identified in this 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.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on May 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-10284 Filed 5-24-17; 8:45 am]
 BILLING CODE 4910-13-P