[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
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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 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]
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