Proposed Rule2022-07472
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.) Airplanes
Primary source
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Published
April 8, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 190-100 ECJ airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary and that some life limits on some components used on the main landing gear (MLG) may not be properly controlled, due to interchanging those parts between airplane models with different operational loads during repair or overhaul. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations; reviewing maintenance records of the MLG assemblies to determine if any life-limited item has been replaced and reporting those findings; and re-identifying the MLG assemblies and certain components; as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for incorporation by reference. This proposed AD would also prohibit installing certain part numbers. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20787-20790]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07472]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0399; Project Identifier MCAI-2021-00983-T]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model ERJ 190-100 ECJ airplanes. This proposed
AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary and that some life limits on
some components used on the main landing gear (MLG) may not be properly
controlled, due to interchanging those parts between airplane models
with different operational loads during repair or overhaul. This
proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations; reviewing maintenance records of
the MLG assemblies to determine if any life-limited item has been
replaced and reporting those findings; and re-identifying the MLG
assemblies and certain components; as specified in an Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed
for incorporation by reference. This proposed AD would also prohibit
installing certain part numbers. The FAA is proposing this AD to
address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by May 23,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material that will be incorporated by reference (IBR) in this
AD, contact National Civil Aviation Agency (ANAC), Aeronautical
Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho,
230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email <a href="/cdn-cgi/l/email-protection#a1d1c0c2e1c0cfc0c28fc6ced78fc3d3"><span class="__cf_email__" data-cfemail="83f3e2e0c3e2ede2e0ade4ecf5ade1f1">[email protected]</span></a>;
internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/. You may find this material on the ANAC
website at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>. You
may view this material at the FAA, Airworthiness Products Section,
Operational Safety 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2022-
0399.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0399; 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 NPRM, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3221;
email <a href="/cdn-cgi/l/email-protection#7b100912080f1a551c091e1e093b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="e8839a819b9c89c68f9a8d8d9aa88e8989c68f879e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0399; Project Identifier
MCAI-2021-00983-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Krista Greer, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone and fax 206-231-3221; email <a href="/cdn-cgi/l/email-protection#204b52495354410e4752454552604641410e474f56"><span class="__cf_email__" data-cfemail="472c352e3433266920352222350721262669202831">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2021-08-01, effective August 31, 2021 (ANAC AD 2021-08-01)
(also referred to as the MCAI), to correct an unsafe condition for
certain Embraer S.A. Model ERJ 190-100 ECJ airplanes.
[[Page 20788]]
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary and that some life
limits on some structural parts (components) used on the MLG may not be
properly controlled, due to interchanging those parts between airplane
models with different operational loads. Structural parts and life
limited items used in commercial versions of Models ERJ 190-100 and ERJ
190-200 airplanes are common to the ones used on Model ERJ 190-100 ECJ
(Lineage 1000) airplanes. Although the MLG assemblies are not
interchangeable between models, some components (e.g. pins and bolts)
of the MLG assemblies can be exchanged between models; this exchange
may have happened during repair or overhaul of an MLG assembly. While
these models have similar designs, their usage is very different. Life
limits for airplane parts are based on fatigue tests, which simulate
typical usage for the airplane. These fatigue tests are based on the
entire MLG assembly remaining the same, not on components of the MLG
assembly being interchanged partway through the test. Since the
operational loads are different for each airplane model, an adequate
life limit may not be properly controlled in this scenario. Therefore,
ANAC has determined that the MLG assemblies that cannot be interchanged
must be re-identified for use only on Model ERJ 190-100 ECJ airplanes,
and the components that may have been interchanged must also be re-
identified and tracked. Embraer S.A. and ANAC will use the reports
required by this proposed AD to analyze the data and determine if the
life limits for the MLG assemblies or their components need to be
revised based on components being interchanged between models. The FAA
is proposing this AD to address potentially inadequate life limits on
the MLG due to different operational loads, which could impact the
structural integrity of the airplane. See the MCAI for additional
background information.
Related Service Information Under 1 CFR Part 51
ANAC AD 2021-08-01 specifies new or more restrictive airworthiness
limitations for airplane structures and safe life limits; reviewing
maintenance records of the MLG side stay assembly and the MLG shock
strut assembly to determine if any life-limited item has been replaced
and reporting those findings; and reidentifying certain part numbers of
the MLG side stay assembly and the MLG shock strut assembly and their
components. ANAC AD 2021-08-01 also specifies prohibiting the
installation of certain part numbers. 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.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations; reviewing maintenance records of
the MLG side stay assembly and the MLG shock strut assembly to
determine if any life-limited item has been replaced and reporting
those findings; and re-identifying the MLG side stay assembly and the
MLG shock strut assembly and certain components; which are specified in
ANAC AD 2021-08-01 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
This proposed AD would also prohibit installing certain part numbers.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(j)(1) of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2021-08-01 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2021-08-01 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by ANAC AD 2021-08-01
for compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0399 after the FAA final
rule is published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections) or intervals may be used unless the actions and intervals
are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in the AMOCs paragraph under
``Additional FAA Provisions.'' This new format includes a ``New
Provisions for Alternative Actions and Intervals'' paragraph that does
not specifically refer to AMOCs, but operators may still request an
AMOC to use an alternative action or interval.
Interim Action
The FAA considers this proposed AD interim action. The inspection
reports required by this proposed AD will enable the manufacturer to
gain better insight into the extent to which components have been
interchanged between models and determine if
[[Page 20789]]
additional actions are required to address the identified unsafe
condition. Based on the result of the manufacturer's analyses, the FAA
might consider further rulemaking.
Costs of Compliance
The FAA estimates that this proposed AD would affect 10 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate. Therefore, the agency estimates the average total cost per
operator to be $7,650 (90 work-hours x $85 per work-hour).
Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
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6 work-hours x $85 per hour = $510........................... $0 $510 $5,100
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* Table does not include estimated costs for reporting and revising the existing maintenance or inspection
program.
The FAA estimates that it would take about 1 work-hour per product
to comply with the proposed reporting requirement in this proposed AD.
The average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting on U.S. operators to be $850, or $85
per product.
According to the manufacturer, some or all of the costs of this
proposed 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.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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
The FAA has determined that this proposed AD would not have
federalism implications under Executive Order 13132. This proposed AD
would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
Embraer S.A. (Type Certificate Previously Held by Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A.): Docket No. FAA-2022-0399;
Project Identifier MCAI-2021-00983-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 23, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. (Type Certificate Previously
Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.)
Model ERJ 190-100 ECJ airplanes, certificated in any category, as
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD 2021-08-01, effective August 31, 2021 (ANAC AD 2021-08-
01).
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 32, Landing Gear.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness
[[Page 20790]]
limitations are necessary and that some life limits on some
structural parts used on the main landing gear (MLG) may not be
properly controlled, due to interchanging those parts between
airplane models with different operational loads during repair or
overhaul. The FAA is issuing this AD to address potentially
inadequate life limits on the MLG due to different operational
loads, which could impact the structural integrity of the airplane.
(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, ANAC AD 2021-08-01.
(h) Exceptions to ANAC AD 2021-08-01
(1) Where ANAC AD 2021-08-01 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The initial compliance time for doing the tasks specified in
paragraph (a) of ANAC AD 2021-08-01 is no later than the applicable
``life limit cycles'' specified in the service information
referenced in ANAC AD 2021-08-01, or within 90 days after the
effective date of this AD, whichever occurs later.
(3) Paragraph (b) of ANAC AD 2021-08-01 specifies to report
inspection results to Embraer within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(3)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 90 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 90 days after the effective date
of this AD.
(4) The ``Alternative Method of Compliance (AMOC)'' section of
ANAC AD 2021-08-01 does not apply to this AD.
(i) Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (g) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed, unless they
are approved as specified in paragraph (a) of ANAC AD 2021-08-01.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation 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 responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (k)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#6e57432f383d432f273c43595d5e432f23212d2e080f0f40090118"><span class="__cf_email__" data-cfemail="be8793ffe8ed93fff7ec93898d8e93fff3f1fdfed8dfdf90d9d1c8">[email protected]</span></a>.
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, Large Aircraft
Section, International Validation 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
(1) For ANAC AD 2021-08-01, contact National Civil Aviation
Agency (ANAC), Aeronautical Products Certification Branch (GGCP),
Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55
(12) 3203-6600; email <a href="/cdn-cgi/l/email-protection#a7d7c6c4e7c6c9c6c489c0c8d189c5d5"><span class="__cf_email__" data-cfemail="daaabbb99abbb4bbb9f4bdb5acf4b8a8">[email protected]</span></a>; internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/.
You may find this ANAC AD on the ANAC website at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>. You may view this
material at the FAA, Airworthiness Products Section, Operational
Safety 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2022-0399.
(2) For more information about this AD, contact Krista Greer,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3221; email <a href="/cdn-cgi/l/email-protection#076c756e7473662960756262754761666629606871"><span class="__cf_email__" data-cfemail="204b52495354410e4752454552604641410e474f56">[email protected]</span></a>.
Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-07472 Filed 4-7-22; 8:45 am]
BILLING CODE 4910-13-P
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