[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44437-44439]
[FR Doc No: 2012-17957]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-1251; Directorate Identifier 2011-NM-017-AD;
Amendment 39-17132; AD 2012-15-03]
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 all
Embraer S.A. Model ERJ 190 airplanes. This AD was prompted by a report
of damage on the rod end of the retracting actuator rod of the main
landing gear (MLG). This AD requires performing a one-time general
visual inspection to determine if a certain part number is installed on
the MLG retraction actuator; if necessary, performing a general visual
inspection for discrepancies between the actuator rod end and shock
strut lug of the MLG retraction actuator; and corrective actions if
necessary. We are issuing this AD to detect and correct breakage of the
MLG retracting actuator rod, which may result in MLG extension with no
hydraulic damping and consequent damage to the locking mechanism and
collapse of the MLG.

DATES: This AD becomes effective September 4, 2012.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of September 4,
2012.

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<PHONE_NUMBER>.

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 November 28, 2011
(76 FR 72855). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    It has been found the occurrence of damage on the rod end of the
Main Landing Gear (MLG) retraction actuator. The ANAC [Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil] is issuing this AD to
prevent breakage of the MLG retracting actuator rod, which may
result in MLG extension with no hydraulic damping and consequent
damage to the locking mechanism and collapse of the MLG.
* * * * *
Required actions include a one-time general visual inspection to
determine if a certain part number is installed on the left-hand and
right-hand MLG retraction actuator, and if necessary, a general visual
inspection for discrepancies (such as cracks, damage, and movement)
between the actuator rod end and shock strut lug of the MLG retraction
actuator. The corrective actions include: If any discrepancy is found
during any inspection, including any movement between the actuator rod-
end and shock strut lug, replace the MLG retraction actuator, and as
applicable, replace the anti-rotation pin and the attachment bolt with
a new pin and bolt; replace the actuator with a new actuator having a
certain part number, and modify the attachment points. 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 considered the comments received.

Request To Use Additional Service Bulletins

    EMBRAER requested that we revise the NPRM (76 FR 72855, November
28, 2011) to include EMBRAER Service Bulletin 190LIN-32-0014, dated
February 10, 2011 (for Model 190-100 ECJ airplanes); and EMBRAER
Service Bulletin 190LIN-32-0015, dated February 10, 2011 (for Model
190-100 ECJ airplanes); as additional service information for the
inspection and replacement of the MLG retraction actuator, bolt, and
anti-rotation pin.
    We agree with EMBRAER's request to add additional service
information to this AD. EMBRAER Service Bulletin 190LIN-32-0014, dated
February 10, 2011 (for Model 190-100 ECJ airplanes), provides
procedures for doing the inspection; and EMBRAER Service Bulletin
190LIN-32-0015, dated February 10, 2011 (for Model 190-100 ECJ
airplanes, provides procedures for the replacement. The procedures to
do the inspection and replacement are essentially the same as those
specified in EMBRAER Service Bulletin 190-32-0036, dated October 4,
2010 (for Model ERJ 190 airplanes); and EMBRAER Service Bulletin 190-
32-0037, dated October 6, 2010 (for Model ERJ 190 airplanes). We have
revised this AD accordingly.

Request To Allow Flight After Damage Is Found

    EMBRAER requested that we revise the NPRM (76 FR 72855, November
28, 2011) to allow further flight within 500 flight cycles after any
damage is found on the airplane. EMBRAER stated that EMBRAER Service
Bulletin 190LIN-32-0014, dated February 10, 2011 (for Model 190-100 ECJ
airplanes); EMBRAER Service Bulletin 190LIN-32-0015, dated February 10,
2011 (for Model 190-100 ECJ airplanes); and Brazilian Airworthiness
Directive 2011-02-01, dated February 12, 2011; allows replacement of
the MLG retraction actuator, the attachment bolt, and the anti-rotation
pin within the next 500 flight cycles if any discrepancy is found.
EMBRAER stated that the NPRM requires that any discrepancy found be
replaced before further flight.
    We disagree with EMBRAER's request to allow further flight within
500 flight cycles after any damage is found on the airplane. Our policy
requires repair of known cracks or damage before further flight (though
we might make

exceptions to this policy in certain cases of unusual need). This
policy is based on the fact that such damaged airplanes do not conform
to the FAA-certificated type design and, therefore, are not airworthy
until a properly approved repair is made.
    We consider the compliance times in this AD adequate, allowing
operators to acquire parts to have on hand in the event that any crack
or damage is detected during inspection. Therefore, we have determined
that, due to the safety implications and consequences associated with
such cracking and damage, any subject MLG retraction actuator that is
found to be cracked or damaged must be repaired or modified before
further flight. We have not changed the final rule regarding this
issue.

Change in Product Identification

    We have revised the applicability of the existing NPRM (76 FR
72855, November 28, 2011) to identify model designations as published
in the most recent type certificate data sheet for the affected models.

Explanation of Redesignated Note

    We have redesignated Note 1 of the existing NPRM (76 FR 72855,
November 28, 2011) as paragraph (g)(3) of this AD, respectively.

Conclusion

    We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the changes described previously--except for minor
editorial changes. We have determined that these changes:
     Are consistent with the intent that was proposed in the
NPRM (76 FR 72855, November 28, 2011) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (76 FR 72855, November 28, 2011).

Costs of Compliance

    We estimate that this AD will affect 73 products of U.S. registry.
We also estimate that it will take about 1 work-hour 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 $6,205, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 6 work-hours and require parts costing $0, for a cost of
$510 per product. We have no way of determining the number of products
that may need these actions.

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 (76 FR 72855, November 28,
2011), the regulatory evaluation, any comments received, and other
information. The street address for the Docket Operations office
(telephone<PHONE_NUMBER>) 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:

2012-15-03 Embraer S.A.: Amendment 39-17132. Docket No. FAA-2011-
1251; Directorate Identifier 2011-NM-017-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 4,
2012.

(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; all serial
numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 32: Landing
Gear.

(e) Reason

    This AD was prompted by a report of damage on the rod end of the
retracting actuator rod of the main landing gear (MLG). We are
issuing this AD to detect and correct breakage of the MLG retracting
actuator rod, which may result in MLG extension with no hydraulic
damping and consequent damage to the locking mechanism and collapse
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) One-Time General Visual Inspection

    Within 30 days after the effective date of this AD, do a one-
time general visual inspection to determine if part number (P/N)
190-70980-403 is installed on the left-hand and right-hand MLG
retraction actuator. A review of airplane maintenance records is
acceptable in lieu of this inspection if the part number of the MLG
retraction actuator can be conclusively determined from that review.

    (1) No further action is required by paragraph (g) of this AD if
no MLG retraction actuator having P/N 190-70980-403 is found.
    (2) If any MLG retraction actuator having P/N 190-70980-403 is
found, do a GVI of the actuator and bolt (P/N 2821-0028) for
discrepancies (such as cracks, damage, and movement between the
actuator rod end and shock strut lug of the MLG retraction
actuator), in accordance with ``Part I'' of the Accomplishment
Instructions of EMBRAER Service Bulletin 190-32-0036, dated October
4, 2010 (for all Model ERJ 190 airplanes); or EMBRAER Service
Bulletin 190LIN-32-0014, dated February 10, 2011 (for Model 190-100
ECJ airplanes); within the applicable compliance time specified in
paragraphs (g)(2)(i) and (g)(2)(ii) of this AD. Repeat the
inspection, thereafter, at intervals not to exceed 3,500 flight
cycles, until the actions required by paragraph (j) of this AD are
done.
    (i) For any MLG retraction actuator that has accumulated fewer
than 3,500 total flight cycles as the effective date of this AD, do
the GVI of the actuator before the accumulation of 4,500 total
flight cycles on the MLG retraction actuator.
    (ii) For any MLG retraction actuator that has accumulated 3,500
total flight cycles or more as of the effective date of this AD, do
the GVI of the actuator within 1,000 flight cycles after the
effective date of this AD.
    (3) For the purpose of this AD, a general visual inspection
(GVI) is: ``A visual examination of an interior or exterior area,
installation or assembly to detect obvious damage, failure or
irregularity. This level of inspection is made from within touching
distance, unless otherwise specified. A mirror may be necessary to
enhance visual access to all exposed surfaces in the inspection
area. This level of inspection is made under normally available
lighting conditions such as daylight, hangar lighting, flashlight or
droplight, and may require removal or opening of access panels or
doors. Stands, ladders or platforms may be required to gain
proximity to the area being checked.''

(h) Corrective Actions

    If any discrepancy is found during any inspection required by
paragraph (g)(2) of this AD, including any movement between the
actuator rod-end and shock strut lug: Before further flight, replace
the MLG retraction actuator, and as applicable the anti-rotation pin
and the attachment bolt, in accordance with ``Part II'' and ``Part
III,'' as applicable, of the Accomplishment Instructions of EMBRAER
Service Bulletin 190-32-0036, dated October 4, 2010 (for all Model
ERJ 190 airplanes), or EMBRAER Service Bulletin 190LIN-32-0014,
dated February 10, 2011 (for Model 190-100 ECJ airplanes); except
where EMBRAER Service Bulletin 190-32-0036, dated October 4, 2010
(for all Model ERJ 190 airplanes), or EMBRAER Service Bulletin
190LIN-32-0014, dated February 10, 2011 (for Model 190-100 ECJ
airplanes), specifies to contact the manufacturer, before further
flight repair, in accordance with a method approved by the Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
or Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (or its
delegated agent).

(i) Replacement for MLG Retraction Actuator Having P/N 190-70980-403

    Before any MLG retraction actuator having P/N 190-70980-403
accumulates 12,000 total flight cycles or within 1,000 flight cycles
after the effective date of this AD, whichever occurs later, replace
the actuator with new a actuator having P/N 190-70980-405, and
modify the attachment points, in accordance with ``Part I'' and
``Part II,'' as applicable, of the Accomplishment Instructions of
EMBRAER Service Bulletin 190-32-0037, dated October 6, 2010 (for all
Model ERJ 190 airplanes); or EMBRAER Service Bulletin 190LIN-32-
0015, dated February 10, 2011 (for Model 190-100 ECJ airplanes).

(j) Replacement for All Actuators

    For all actuators: Within 20,000 flight cycles or within 96
months after the effective date of this AD, whichever occurs first,
do the replacement and modification, as applicable, in accordance
with ``Part III'' of the Accomplishment Instructions of EMBRAER
Service Bulletin 190-32-0037, dated October 6, 2010 (for all Model
ERJ 190 airplanes); or EMBRAER Service Bulletin 190LIN-32-0015,
dated February 10, 2011 (for Model 190-100 ECJ airplanes). Doing the
actions in this paragraph terminates the action for the requirements
specified in paragraphs (g), (h), and (i) of 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, 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<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>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) Related Information

    Refer to MCAI Brazilian Airworthiness Directive 2011-02-01,
dated February 12, 2011, and the service information in paragraph
(l)(1) through (l)(4) of this AD; for related information.
    (1) EMBRAER Service Bulletin 190-32-0036, dated October 4, 2010.
    (2) EMBRAER Service Bulletin 190-32-0037, dated October 6, 2010.
    (3) EMBRAER Service Bulletin 190LIN-32-0014, dated February 10,
2011.
    (4) EMBRAER Service Bulletin 190LIN-32-0015, dated February 10,
2011.

 (m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the following service
information under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use the following service information to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) EMBRAER Service Bulletin 190-32-0036, dated October 4, 2010.
    (ii) EMBRAER Service Bulletin 190-32-0037, dated October 6,
2010.
    (iii) EMBRAER Service Bulletin 190LIN-32-0014, dated February
10, 2011.
    (iv) EMBRAER Service Bulletin 190LIN-32-0015, dated February 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<EMAIL_ADDRESS>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,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.
    (5) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 13, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-17957 Filed 7-27-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Rules and Regulations]
[Page 82115]
[FR Doc No: 2011-33595]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 399

[Docket No. DOT-OST-2010-0140]
RIN 2105-AD92

Enhancing Airline Passenger Protections: Full Fare Price
Advertising Requirements

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: This document confirms the effective date of the direct final
rule amending the time period for compliance with the full fare and
other advertising requirements in 14 CFR 399.84 from January 24, 2012,
to January 26, 2012.

DATES: The effective date for the amendment to 14 CFR 399.84, published
April 25, 2011, at 76 FR 23110, and delayed July 28, 2011, at 76 FR
45181, was further delayed until January 26, 2012, at 76 FR 78145. The
effective date of January 26, 2012 is confirmed.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Deputy Assistant
General Counsel, Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings, U.S. Department of Transportation, 1200
New Jersey Ave. SE., Washington, DC 20590,<PHONE_NUMBER> (phone), 202-
366-7152 (fax<EMAIL_ADDRESS>(email).

SUPPLEMENTARY INFORMATION: The Department of Transportation's Office of
the Secretary (OST) published a direct final rule with a request for
comments in the Federal Register on December 16, 2011 (76 FR 78145).
The direct final rule delayed the effective date of the full fare and
other advertising requirements from January 24, 2012, to January 26,
2012, to provide regulatory relief to petitioner American Airlines by
allowing the carrier and any other similarly situated carrier or ticket
agent to avoid having to update full fare information in on-line
reservations systems on a day of the week that is the petitioner's, and
may be other carriers' and ticket agents', heaviest on-line traffic and
revenue day. OST uses the direct final rulemaking procedure for non-
controversial rules where OST believes that there will be no adverse
public comment. The direct final rule advised the public that no
adverse comments were anticipated, and that unless a written adverse
comment was received by December 23, 2011, the full fare and other
advertising requirements in 14 CFR 399.84 would become effective on
January 26, 2011. No adverse comments were received, and thus this
notice confirms that the direct final rule will become effective on
that date.

    Issued this 27th day of December 2011, in Washington, DC.
Susan Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2011-33595 Filed 12-29-11; 8:45 am]
BILLING CODE 4910-9X-P