DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2016-9507; Directorate Identifier 2016-NM-127-AD;
Amendment 39-18878; AD 2017-10-04]
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
all
Embraer S.A. Model EMB-120, -120ER, -120FC, -120QC, and -120RT
airplanes. This AD was prompted by changes to the airworthiness
limitations, which add life-limited landing gear parts not previously
identified. This AD requires revising the maintenance or inspection
program, as applicable, to incorporate new airworthiness limitations
that add life limits for previously unidentified landing gear parts. We
are issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective June 29, 2017.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of June 29, 2017.
ADDRESSES: For service information identified in this final rule,
contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 Sao 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. You may
view this referenced 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. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-9507.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.
gov by searching for and locating Docket No. FAA-2016-
9507; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175;
fax 425-227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to all Embraer S.A. Model EMB-
120, -120ER, -120FC, -120QC, and -120RT airplanes. The NPRM published
in the Federal Register on December 21, 2016 (81 FR 93647). The NPRM
was prompted by changes to the airworthiness limitations, which add
life-limited landing gear parts not previously identified. The NPRM
proposed to require revising the maintenance or inspection program, as
applicable, to incorporate new airworthiness limitations that add life
limits for previously unidentified landing gear parts. We are issuing
this AD to prevent life-limited landing gear parts from being used
beyond their safe-life limits, which could lead to collapse of the
landing gear.
The Agencia Nacional de Aviacao Civil (ANAC), which is the aviation authority
for Brazil, has issued Brazilian Airworthiness Directive 2016-07-02, dated
July
27, 2016 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for all
Embraer S.A.
Model EMB-120, -120ER, -120FC, -120QC, and -120RT airplanes. The MCAI
states:
This [Brazilian] AD was prompted by changes to the Airworthiness
Limitation Section of the Maintenance Review Board Report MRB 120-
HI-200, which add life-limited landing gear parts not previously
identified. We are issuing this [Brazilian] AD to prevent life-
limited landing gear parts from being used beyond their safe-life
limits, which could lead to collapse of the landing gear.
This AD requires revising the maintenance or inspection program, as
applicable, to incorporate new airworthiness limitations that add life
limits for previously unidentified landing gear parts. You may examine
the MCAI in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2016-9507.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the relevant data and determined that air safety and
the public interest require adopting this 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 for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
Related Service Information Under 1 CFR Part 51
We reviewed the following Embraer service information:
EMB-120 Brasilia Maintenance Review Board (MRB) Report,
Temporary Revision 28-1, dated May 17, 2016. This service information
adds life-limited landing gear parts not previously identified to the
airworthiness limitations section.
Alert Service Bulletin 120-32-A543, dated July 11, 2016.
This service information provides procedures for replacement of
affected parts.
This service information 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
We estimate that this AD affects 70 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
Estimated Costs
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
Maintenance program revision |
1 work-hour x $85 per hour =
$85 |
$0
|
$85
|
$5,950
|
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.
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
|