[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Rules and Regulations]
[Pages 21752-21754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08219]


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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; Amendment 
39-19900; AD 2020-07-21]
RIN 2120-AA64


Airworthiness Directives; Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer 
S.A.) Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 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 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 AD requires a one-time records 
review or 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 is incorporated by reference. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective May 26, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 26, 
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD 
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 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 final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is 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: 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: 

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 referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
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.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica 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, -200 STD, -200 LR, and -200 IGW airplanes. The NPRM 
published in the Federal Register on January 17, 2020 (85 FR 2909). The 
NPRM was prompted by a determination that certain MLG aft pintle pins 
repaired using a sulphamate

[[Page 21753]]

nickel plating have a life limit that is less than the certified life 
limit. The NPRM proposed to require a one-time records review and a 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 a Brazilian AD.
    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. See the MCAI 
for additional background information.

Explanation of Change to Manufacturer's Name

    The FAA revised references to the manufacturer's name throughout 
this final rule to identify the manufacturer's name published in the 
most recent type certificate data sheet for the affected models.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comments 
received on the NPRM and the FAA's response to each comment.

Support for the NPRM

    The Air Line Pilots Association, International (ALPA) expressed 
support for the NPRM.

Request To Allow Review of Maintenance Records

    Horizon Air requested that the final rule provide the option for 
operators to perform a records review or physical inspection and only 
mandate a physical inspection of the part if the repair history of the 
pintle pin cannot conclusively be determined from the records review. 
The commenter noted that paragraph (h)(3) of the proposed AD proposed 
to require both a one-time records review and a general visual 
inspection of the MLG aft pintle pins to determine if certain repairs 
were done. The commenter explained that as a life limited part, 
documentation is required by the FAA, therefore a review of airplane 
maintenance records should be acceptable in lieu of this inspection if 
the part status can be conclusively determined from that review.
    The FAA agrees with the commenter's request. The FAA has revised 
paragraph (h)(3) of this AD to allow operators to do a review of 
airplane maintenance records in lieu of an inspection if the repair 
history can be conclusively determined from that review. The FAA has 
also revised the SUMMARY of this final rule to reflect this allowance.

Conclusion

    The FAA reviewed the relevant data, considered the comments 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

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.

Costs of Compliance

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

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

    According to the manufacturer, some or all of the costs of this 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.

Regulatory Findings

    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) 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.

[[Page 21754]]

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):
2020-07-21 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
19900; Docket No. FAA-2019-1074; Product Identifier 2019-NM-191-AD.

(a) Effective Date

    This AD is effective May 26, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type Certificate Previously Held by 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 
documentation and a general visual inspection (GVI) on them, this AD 
requires a GVI of the MLG aft pintle pins to determine if certain 
repairs were done. A review of airplane maintenance records is 
acceptable in lieu of this inspection if the repair history can be 
conclusively determined from that review.
    (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) 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

    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].

(l) 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) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o (ANAC) 
Brazilian AD 2019-11-07, effective November 18, 2019.
    (ii) [Reserved]
    (3) For information about ANAC 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/.
    (4) 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.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-08219 Filed 4-17-20; 8:45 am]
BILLING CODE 4910-13-P