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[Federal Register Volume 78, Number 107 (Tuesday, June 4, 2013)]
[Rules and Regulations]
[Pages 33201-33203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12900]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1227; Directorate Identifier 2012-NM-016-AD; 
Amendment 39-17467; AD 2013-11-07]
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 certain 
Embraer S.A. Model ERJ 190 airplanes. This AD was prompted by reports 
of cracks on the side stay of the main landing gear (MLG). This AD 
requires repetitive measurements of the left-hand (LH) and right-hand 
(RH) MLG side stay support fitting to detect bushing migration, and 
eventual replacement of the bushing; and a detailed inspection for 
damage on the LH and RH MLG side stay support assembly, and related 
investigative and corrective actions if necessary. We are issuing this 
AD to prevent excessive bearing friction, which might compromise the 
MLG free fall extension and cause fatigue cracking on the MLG side stay 
and on its support assembly, resulting in reduced structural integrity 
of the MLG.

DATES: This AD becomes effective July 9, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 9, 2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425) 
227-2768; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on December 17, 2012 
(77 FR 74628). That NPRM proposed to correct an unsafe condition for 
the specified products. The Mandatory Continuing Airworthiness 
Information (MCAI) states:

This [Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)] 
AD results from reports of cracks on the Main Landing Gear (MLG) 
Side Stay. Further investigation has revealed that the cracks were 
caused by excessive friction on the MLG Side Stay Support Fitting 
due to its outer bushing migration. This [ANAC] AD is being issued 
to prevent such excessive bearing friction which may compromise the 
MLG free fall extension and; cause fatigue cracks on the MLG Side 
Stay and on the MLG Side Stay Support Assembly resulting in reduced 
structural integrity of the MLG.
* * * * *

    The required actions include repetitive measurements of the LH and 
RH MLG side stay support fitting to detect bushing migration, and 
eventual replacement of the bushing; and a detailed inspection for 
damage on the LH and RH MLG side stay support assembly, and related 
investigative and corrective actions if necessary. The related 
investigative actions include a general visual inspection and an eddy 
current inspection for any cracking on the upper and lower side stays 
of the affected side stay support assembly. The corrective actions 
include replacing or repairing the MLG side stay or MLG side stay 
assembly and removing corrosion. You may obtain further information by 
examining the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We have considered the comments received.

Request To Revise Compliance Time

    JetBlue Airways requested that the compliance time for the 
inspection and replacement of the bushing for the MLG side stay support 
fitting be revised to match the EMBRAER service information. JetBlue 
Airways stated that according to EMBRAER Service Bulletin 190-57-0036, 
Revision 02, dated August 12, 2011, the reason for the replacement of 
the bushing of the MLG side stay support fitting is to ensure that the 
MLG side stay support fitting remains properly lubricated. In addition, 
JetBlue Airways stated that the service information is based on the 
difficulty of the lubrication of the MLG side stay fitting, which is 
lubricated using a certain maintenance manual and has a compliance time 
of intervals not to exceed 600 flight cycles. JetBlue Airways stated 
that if the bushing lubrication of the MLG side stay support fitting is 
normal with no difficulties, there should not be a technical reason to 
defer the replacement of the MLG side stay support fitting to an 
interval not to exceed 1,200 flight cycles after the effective date of 
the final rule. JetBlue Airways stated, however, that if the MLG side 
stay support fitting cannot be properly lubricated, then it is prudent 
to inspect the bushing for migration of the MLG side stay support 
fitting and replace the MLG side stay fitting in accordance with 
paragraphs (g) and (h) of the NPRM (77 FR 74628, December 17, 2012), 
respectively.
    We disagree with the commenter's request. Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for 
Brazil, has determined that an unsafe condition can occur regardless of 
whether or not the MLG side stay is properly lubricated. We have not 
received sufficient data to

[[Page 33202]]

deviate from ANAC's determination. Affected operators, however, may 
request approval of an alternative method of compliance (AMOC) under 
the provisions of paragraph (k)(1) of this AD by submitting data 
substantiating that the change would provide an acceptable level of 
safety. We have not changed this final rule in this regard.

Request for an AMOC

    US Airways commented that approval of an AMOC will be needed for 
replacement of the bushing for the MLG side stay. US Airways stated 
that it already performed the tasks using an engineering order that 
differs from the Accomplishment Instructions presented in EMBRAER 
Service Bulletin 190-57-0036, dated September 20, 2010.
    We disagree with the commenter's request. We need to clarify the 
AMOC process. AMOCs provide an alternative method of compliance to the 
methods required to be used in the associated AD. An AMOC is issued 
only after an AD has been issued and only after data are provided to 
show that the proposed solution is complete and addresses the unsafe 
condition. You may apply for an AMOC using the procedures in paragraph 
(k)(1) of this AD. We have not changed this final rule in this regard.

Conclusion

    We reviewed the available data, including the comments received, 
and determined that air safety and the public interest require adopting 
the 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 (77 FR 74628, December 17, 2012) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 74628, December 17, 2012).

Costs of Compliance

    We estimate that this AD will affect 97 products of U.S. registry. 
We also estimate that it will take about 44 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $362,780, or $3,740 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM (77 FR 74628, December 17, 
2012), 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.

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 AD:

2013-11-07 Embraer S.A.: Amendment 39-17467. Docket No. FAA-2012-
1227; Directorate Identifier 2012-NM-016-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 9, 
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100 LR, 
-100 ECJ, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 
LR, and -200 IGW airplanes; certificated in any category; as 
identified in the service information specified in paragraphs (c)(1) 
and (c)(2) of this AD.
    (1) EMBRAER Service Bulletin 190-57-0036, Revision 02, dated 
August 12, 2011.
    (2) EMBRAER Service Bulletin 190LIN-57-0016, dated June 10, 
2011.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of cracks on the side stay of 
the main landing gear (MLG). We are issuing this AD to prevent 
excessive bearing friction, which might compromise the MLG free fall 
extension and cause fatigue cracking on the MLG side stay and on its 
support assembly, resulting in reduced structural integrity of the 
MLG.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Measurement for Bushing Migration of the MLG Side Stay Support 
Fitting

    Within 100 flight cycles after the effective date of this AD: 
Measure the left-hand (LH) and right-hand (RH) MLG side stay support 
fitting to detect bushing migration, in accordance with Part I of 
the Accomplishment Instructions of EMBRAER Service Bulletin 190-57-
0036, Revision 02,

[[Page 33203]]

dated August 12, 2011 (for Model ERJ 190-100 STD, -100 LR, and -100 
IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW 
airplanes); or EMBRAER Service Bulletin 190LIN-57-0016, dated June 
10, 2011 (for Model ERJ 190-100 ECJ airplanes).
    (1) If the distance of bushing migration is less than 5 
millimeters (mm), repeat the measurement required by paragraph (g) 
of this AD thereafter at intervals not to exceed 100 flight cycles 
until the actions required by paragraph (h) of this AD are 
accomplished.
    (2) If the distance of bushing migration is equal to or more 
than 5 mm, before further flight, do the actions required by 
paragraph (h) of this AD.

(h) Replacement of the MLG Side Stay Support Fitting Bushing

    Within 1,200 flight cycles after the effective date of this AD, 
except as specified by the compliance time in paragraph (g)(2) of 
this AD: Replace the LH and RH MLG side stay support fitting 
bushing, in accordance with Part II and Part III, respectively, of 
the Accomplishment Instructions of EMBRAER Service Bulletin 190-57-
0036, Revision 02, dated August 12, 2011 (for Model ERJ 190-100 STD, 
-100 LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, 
and -200 IGW airplanes); or EMBRAER Service Bulletin 190LIN-57-0016, 
dated June 10, 2011 (for Model ERJ 190-100 ECJ airplanes). Replacing 
the bushings terminates the repetitive measurements required by 
paragraph (g)(1) of this AD.

(i) MLG Side Stay and MLG Side Stay Support Assembly Inspection and 
Repair

    At the applicable time specified in paragraph (i)(1), (i)(2), or 
(i)(3) of this AD: Perform a detailed inspection for damage on the 
LH and RH MLG side stay support assembly, and do all applicable 
related investigative and corrective actions, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 190-32-0043, 
Revision 02, dated August 23, 2011 (for Model ERJ 190-100 STD, -100 
LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and 
-200 IGW airplanes); or EMBRAER Service Bulletin 190LIN-32-0017, 
dated June 10, 2011 (for Model ERJ 190-100 ECJ airplanes). Do all 
applicable related investigative and corrective actions before 
further flight.
    (1) For airplanes on which the actions specified in Part II and 
Part III of EMBRAER Service Bulletin 190-57-0036, or EMBRAER Service 
Bulletin 190LIN-57-0016, as applicable, have been done as of the 
effective date of this AD: Within 100 flight cycles after the 
effective date of this AD.
    (2) For airplanes on which the actions specified in EMBRAER 
Service Bulletin 190-57-0036, or EMBRAER Service Bulletin 190LIN-57-
0016, as applicable, have not been done as of the effective date of 
this AD; except for airplanes identified in paragraph (i)(3) of this 
AD: Within 1,200 flight cycles after the effective date of this AD.
    (3) For airplanes on which the actions specified in EMBRAER 
Service Bulletin 190-32-0043, dated March 1, 2011, have been done as 
the effective date of this AD, and a repair of the MLG side stay 
support assembly was done if damage was found: Within 600 flight 
cycles after the effective date of this AD.

(j) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using EMBRAER Service Bulletin 
190-57-0036, dated September 20, 2010; or EMBRAER Service Bulletin 
190-57-0036, Revision 01, dated February 28, 2011; which are not 
incorporated by reference in this AD.
    (2) This paragraph provides credit for the actions required by 
paragraph (i) of this AD, if those actions were performed before the 
effective date of this AD using EMBRAER Service Bulletin 190-32-
0043, Revision 01, dated April 29, 2011, which is not incorporated 
by reference in 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 ATTN: Cindy 
Ashforth, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; telephone (425) 227-2768; fax (425) 227-1149. 
Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 
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. The AMOC approval letter must specifically reference this 
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(l) Special Flight Permits

    Special flight permits may be issued in accordance with sections 
21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 
and 21.199) to operate the airplane to a location where the airplane 
can be modified (if the operator elects to do so), provided that it 
is not a revenue flight and it meets weight limitations requirements 
specified by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA.

(m) Related Information

    (1) Refer to MCAI Brazilian Airworthiness Directive 2012-01-01, 
effective January 28, 2012, and the service information specified in 
paragraphs (m)(1)(i) through (m)(1)(iv) of this AD, for related 
information.
    (i) EMBRAER Service Bulletin 190-32-0043, Revision 02, dated 
August 23, 2011.
    (ii) EMBRAER Service Bulletin 190-57-0036, Revision 02, dated 
August 12, 2011.
    (iii) EMBRAER Service Bulletin 190LIN-32-0017, dated June 10, 
2011.
    (iv) EMBRAER Service Bulletin 190LIN-57-0016, dated June 10, 
2011.
    (2) 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-BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; 
fax +55 12 3927-7546; email distrib@embraer.com.br; Internet http://www.flyembraer.com.

(n) 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 the AD specifies otherwise.
    (i) EMBRAER Service Bulletin 190-32-0043, Revision 02, dated 
August 23, 2011.
    (ii) EMBRAER Service Bulletin 190-57-0036, Revision 02, dated 
August 12, 2011.
    (iii) EMBRAER Service Bulletin 190LIN-32-0017, dated June 10, 
2011.
    (iv) EMBRAER Service Bulletin 190LIN-57-0016, dated June 10, 
2011.
    (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-BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; 
fax +55 12 3927-7546; email distrib@embraer.com.br; Internet http://www.flyembraer.com.
    (4) You may review copies of the 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 17, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-12900 Filed 6-3-13; 8:45 am]
BILLING CODE 4910-13-P
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