[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55297-55299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23691]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0905; Product Identifier 2018-NM-115-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 all 
Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 
LR, and -200 IGW airplanes. This proposed AD was prompted by reports of 
corrosion and chromium layer chipping of the forward and aft pintle 
pins of the main landing gear (MLG) shock struts. This proposed AD 
would require repetitive inspections for discrepancies of affected 
forward and aft pintle pins of the MLG shock struts, and corrective 
actions if necessary. We are proposing this AD to address the unsafe 
condition on these products.

DATES: We must receive comments on this proposed AD by December 20, 
2018.

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 Embraer 
S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria 
Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brazil; 
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 Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.

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-2018-
0905; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this NPRM, the regulatory evaluation, any comments received, and other 
information. The street address for Docket Operations (phone: 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD 
docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2018-0905; 
Product Identifier 2018-NM-115-AD'' at the beginning of your comments. 
We specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this NPRM. We will consider all 
comments received by the closing date and may amend this NPRM because 
of 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 NPRM.

Discussion

    Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which 
is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2018-07-01, effective July 24, 2018 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Embraer S.A. 
Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 
IGW airplanes. The MCAI states:

    This [Brazilian] AD was prompted by reports of corrosion and 
chromium layer chipping on the rearward and forward Pintle Pin of 
the Main Landing Gear (MLG) Shock Struts. We are issuing this 
[Brazilian] AD to detect and correct Pintle Pin[s] having 
[discrepancies including] corrosion or chromium layer chipping, 
which could cause the Pintle Pin[s] to shear under normal load and 
lead to collapse of the MLG during take-off or landing.

    Corrective actions include repair or replacement of affected 
forward and aft pintle pins of the left- and right-hand MLG shock 
struts. 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-2018-0905.

Related Service Information Under 1 CFR Part 51

    Embraer has issued Service Bulletin 190-32-0065, Revision 02, dated 
November 1, 2017. This service information describes procedures for 
repetitive inspections of affected forward and aft pintle pins of the 
MLG shock struts for discrepancies, and repair or replacement of any 
discrepant affected pintle pin.
    Embraer has also issued Task 32-11-001-1034, ``MLG Shock Strut 
Pintle Pins--Internal,'' of the Embraer 190/195 Maintenance Review 
Board Report (MRBR) 1928, Revision 11, dated May 10, 2017. This service 
information describes procedures for the inspection of pintle pins of 
the MLG shock struts at areas covered by the MLG shock strut and 
trunnion.
    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.

FAA's Determination

    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 the relevant information and determined the unsafe 
condition described

[[Page 55298]]

previously is likely to exist or develop on other products of the same 
type design.

Proposed Requirements of This NPRM

    This proposed AD would require accomplishing the actions specified 
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 96 airplanes of U.S. 
registry. We estimate the following costs to comply with this proposed 
AD:

                                                 Estimated Costs
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                Labor cost                  Parts cost        Cost per product          Cost on U.S. operators
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Up to 22 work-hours x $85 per hour = Up             $0  Up to $1,870 per inspection  Up to $179,520 per
 to $1,870.                                              cycle.                       inspection cycle.
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    We estimate the following costs to do any necessary on-condition 
actions that would be required based on the results of any required 
inspection. We have no way of determining the number of aircraft that 
might need these on-condition actions:

                                     Estimated Costs of On-Condition Actions
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               Labor cost                             Parts cost                       Cost per product
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510 per    $1,750 per MLG....................  $2,260 per MLG.
 MLG (replacement).
6 work-hours x $85 per hour = $510 per    $0................................  $510 per MLG.
 MLG (repair).
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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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

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):

Embraer S.A.: Docket No. FAA-2018-0905; Product Identifier 2018-NM-
115-AD.

(a) Comments Due Date

    We must receive comments by December 20, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR, 
and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 
IGW 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 reports of corrosion and chromium layer 
chipping of the forward and aft pintle pins of the main landing gear 
(MLG) shock struts. We are issuing this AD to address discrepancies 
of affected forward and aft pintle pins of the MLG shock struts, 
which could result in the pintle pin shearing under normal load and 
consequent collapse of the MLG during takeoff or landing.

(f) Compliance

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

(g) Repetitive Inspections

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD: Do a detailed inspection for discrepancies of affected 
forward and aft pintle pins of the

[[Page 55299]]

left- and right-hand MLG shock struts, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 190-32-0065, 
Revision 02, dated November 1, 2017. Repeat the inspection 
thereafter at intervals not to exceed 72 months.
    (1) For airplanes on which any MLG pintle pin having part number 
(P/N) 2821-0067 or 2821-0025 has accumulated fewer than 17,000 total 
flight cycles since new: Before the accumulation of 17,750 total 
flight cycles.
    (2) For airplanes on which any MLG pintle pin having P/N 2821-
0067 or 2821-0025 has accumulated 17,000 or more total flight cycles 
since new: Within 750 flight cycles after the effective date of this 
AD.

(h) Corrective Actions

    If any discrepancy of any pintle pin is found during any 
inspection required by paragraph (g) of this AD: Before further 
flight, repair the affected pintle pin or replace it with a new 
pintle pin, as applicable, in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 190-32-0065, Revision 02, 
dated November 1, 2017.

(i) Credit for Previous Actions

    This paragraph provides credit for the initial inspection 
required by paragraph (g) of this AD, if that inspection was 
performed before the effective date of this AD using the applicable 
service information identified in paragraphs (i)(1) through (i)(5) 
of this AD.
    (1) Embraer 190/195 Maintenance Review Board Report (MRBR) 1928, 
Task 57-50-007-1247, Revision 11, dated May 10, 2017.
    (2) Embraer 190/195 MRBR 1928, Task 32-11-00-001, Revision 11, 
dated May 10, 2017.
    (3) Embraer Service Bulletin 190-32-0002, Revision 01, dated 
November 8, 2012.
    (4) Embraer Service Bulletin 190-32-0065, dated August 31, 2016.
    (5) Embraer Service Bulletin 190-32-0065, Revision 01, dated 
October 24, 2017.

(j) Equivalent Inspection

    Performing a detailed inspection for discrepancies of affected 
forward and aft pintle pins of the left- and right-hand MLG shock 
struts, in accordance with Task 32-11-001-1034, ``MLG Shock Strut 
Pintle Pins--Internal,'' of the Embraer 190/195 MRBR 1928, Revision 
11, dated May 10, 2017, at intervals not to exceed 72 months, is 
equivalent to an inspection required by paragraph (g) 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 Section, Transport Standards Branch, 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 Section, 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 
Section, Transport Standards Branch, 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.
    (3) Required for Compliance (RC): If any service information 
contains procedures or tests that are identified as RC, those 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2018-07-01, effective July 
24, 2018, 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-2018-0905.
    (2) For more information about this AD, contact Krista Greer, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3221.
    (3) 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--Brazil; 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 Standards Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on October 22, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2018-23691 Filed 11-2-18; 8:45 am]
 BILLING CODE 4910-13-P