[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Proposed Rules]
[Pages 2909-2911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00447]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-1074; Product Identifier 2019-NM-191-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: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Embraer S.A. Model ERJ 170 airplanes and Model ERJ 190-100 
STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes. This proposed AD was prompted by a determination that 
certain main landing gear (MLG) aft pintle pins repaired using a 
sulphamate nickel plating have a life limit that is less than the 
certified life limit. This proposed AD would require a one-time records 
review and a general visual inspection (GVI) of the MLG aft pintle pins 
to determine if certain repairs were done, and replacement of certain 
MLG aft pintle pins with serviceable MLG aft pintle pins, as specified 
in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
Brazilian AD, which will be incorporated by reference. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by March 2, 
2020.

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 https://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 the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact National Civil Aviation 
Agency, Aeronautical Products Certification Branch (GGCP), Rua Laurent 
Martins, n[ordm] 209, Jardim Esplanada, CEP 12242-431--S[atilde]o 
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email 
[email protected]; internet www.anac.gov.br/en/. You may find this IBR 
material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this IBR material 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. It is also available in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2019-1074.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
1074; 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 is listed above. 
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; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites 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-2019-1074; 
Product Identifier 2019-NM-191-AD'' at the beginning of your comments. 
The FAA specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
Brazilian AD 2019-11-07, effective November 18, 2019 (``Brazilian AD 
2019-11-07'') (also

[[Page 2910]]

referred to as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Embraer S.A. 
Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; Model 
ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL airplanes; and Model ERJ 
190-100 STD, -100 LR, -100 ECJ, -100 IGW, -100 SR, -200 STD, -200 LR, 
and -200 IGW airplanes. Model ERJ 190-100 SR airplanes are not 
certified by the FAA and are not included on the U.S. type certificate 
data sheet; this AD, therefore, does not include those airplanes in the 
applicability.
    This proposed AD was prompted by a determination that certain MLG 
aft pintle pins repaired using a sulphamate nickel plating have a life 
limit that is less than the certified life limit. The FAA is proposing 
this AD to address failure of the affected MLG aft pintle pins before 
reaching the certified life limit, which could result in collapse of 
the MLG during takeoff or landing. See the MCAI for additional 
background information.

Related IBR Material Under 1 CFR Part 51

    Brazilian AD 2019-11-07 describes procedures for a one-time records 
review (for documentation of certain repairs) and a GVI of the MLG aft 
pintle pins to determine if certain repairs were done (by checking for 
certain markings and part numbers), and replacement of certain MLG aft 
pintle pins with serviceable MLG aft pintle pins.
    This material 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 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 a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the agency 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in Brazilian AD 2019-11-07 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and the European Union 
Aviation Safety Agency (EASA) to develop a process to use certain EASA 
ADs as the primary source of information for compliance with 
requirements for corresponding FAA ADs. The FAA has since coordinated 
with other manufacturers and civil aviation authorities (CAAs) to use 
this process. As a result, Brazilian AD 2019-11-07 will be incorporated 
by reference in the FAA final rule. This proposed AD would, therefore, 
require compliance with Brazilian AD 2019-11-07 in its entirety, 
through that incorporation, except for any differences identified as 
exceptions in the regulatory text of this proposed AD. Service 
information specified in Brazilian AD 2019-11-07 that is required for 
compliance with Brazilian AD 2019-11-07 will be available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2019-1074 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 659 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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2 work-hours x $85 per hour = $170...........................             * $           * $170       * $112,030
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* The FAA has received no definitive data that would enable the agency to provide parts cost estimates for the
  replacements specified in this proposed AD.

    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in the cost estimate.

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.
    The FAA is 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

    The FAA has 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:

[[Page 2911]]

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) 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-2019-1074; Product Identifier 2019-NM-
191-AD.

(a) Comments Due Date

    The FAA must receive comments by March 2, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Embraer S.A. airplanes identified in 
paragraphs (c)(1) through (3), of this AD, certificated in any 
category, as identified in Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Brazilian AD 2019-11-07, 
effective November 18, 2019 (``Brazilian AD 2019-11-07'').
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes.
    (2) Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL 
airplanes.
    (3) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 
STD, -200 LR, and -200 IGW airplanes.

(d) Subject

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

(e) Reason

    This AD was prompted by a determination that certain main 
landing gear (MLG) aft pintle pins repaired using a sulphamate 
nickel plating have a life limit that is less than the certified 
life limit. The FAA is issuing this AD to address failure of the 
affected MLG aft pintle pins before reaching the certified life 
limit, which could result in collapse of the MLG during takeoff or 
landing.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Brazilian AD 2019-11-07.

(h) Exceptions to Brazilian AD 2019-11-07

    (1) Where Brazilian AD 2019-11-07 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of 
Brazilian AD 2019-11-07 does not apply to this AD.
    (3) Where paragraphs (b)(1) through (3) of Brazilian AD 2019-11-
07 specify to carry out an inspection in the airplane technical 
document documentation and a general visual inspection (GVI) on 
them, this AD requires a one-time records review and a general 
visual inspection (GVI) of the MLG aft pintle pins to determine if 
certain repairs were done.
    (4) Where paragraphs (b)(1) through (3) of Brazilian AD 2019-11-
07 specify to use a ``new serviceable one,'' for this AD, use a 
serviceable MLG aft pintle pin as defined in Brazilian AD 2019-11-
07.

(i) No Requirement for Return of Parts

    Although the service information referenced in Brazilian AD 
2019-11-07 specifies to return parts to the manufacturer, this AD 
does not include that requirement.

(j) 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 (k)(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 instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or ANAC; or ANAC's 
authorized Designee. If approved by the ANAC Designee, the approval 
must include the Designee's authorized signature.

(k) Related Information

    (1) For information about Brazilian AD 2019-11-07, contact 
National Civil Aviation Agency, Aeronautical Products Certification 
Branch (GGCP), Rua Laurent Martins, n[deg] 209, Jardim Esplanada, 
CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; 
telephone 55 (12) 3203-6600; email [email protected]; internet 
www.anac.gov.br/en/. You may find this ANAC AD on the ANAC website 
at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may 
view this material 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. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-1074.
    (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; email [email protected].

    Issued on January 7, 2020.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2020-00447 Filed 1-16-20; 8:45 am]
 BILLING CODE 4910-13-P