Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 33201 

Aviation Safety Agency Airworthiness 

Directive 2012–0162, dated August 29, 2012, 

and the service information specified in 

paragraphs (i)(1) and (i)(2) of this AD, for 

related information. 

(1) Dassault Mandatory Service Bulletin 

F900–431, dated November 8, 2011. 

(2) Dassault Mandatory Service Bulletin 

F900EX–437, dated November 8, 2011. 

(j) 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) Dassault Mandatory Service Bulletin 

F900–431, dated November 8, 2011. 

(ii) Dassault Mandatory Service Bulletin 

F900EX–437, dated November 8, 2011. 

(3) For service information identified in 

this AD, contact Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, NJ 07606; 

telephone 201–440–6700; Internet http:// 

www.dassaultfalcon.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/ibrlocations.html. 

Issued in Renton, Washington, on May 17, 

2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–12722 Filed 6–3–13; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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 [Ageˆncia Nacional de Aviac ̧a ̃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. Ageˆncia Nacional de Aviac ̧a ̃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 


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33202 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 

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 workhours 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 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, 


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Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Rules and Regulations 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 Sa ̃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 Sa ̃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/ibrlocations.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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