Rule2022-10143
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 12, 2022
Effective
May 27, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 190-300, and -400 airplanes. This AD was prompted by a report of premature failures of the alternating current motor pump (ACMP) 3A at hydraulic system #3 due to excessive wear of the ACMP tail bearing. This AD requires repetitive replacement of the hydraulic system ACMP 3A having a certain part number with a serviceable part, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 92 (Thursday, May 12, 2022)</title>
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[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Rules and Regulations]
[Pages 29027-29030]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10143]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0466; Project Identifier MCAI-2021-00572-T;
Amendment 39-22025; AD 2022-09-05]
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: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 190-300, and -400 airplanes. This AD was
prompted by a report of premature failures of the alternating current
motor pump (ACMP) 3A at hydraulic system #3 due to excessive wear of
the ACMP tail bearing. This AD requires repetitive replacement of the
hydraulic system ACMP 3A having a certain part number with a
serviceable part, as specified in an Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil
[[Page 29028]]
(ANAC) AD, which is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD becomes effective May 27, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 27,
2022.
The FAA must receive comments on this AD by June 27, 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For material incorporated by reference (IBR) in this AD, contact
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#ed9d8c8ead8c838c8ec38a829bc38f9f"><span class="__cf_email__" data-cfemail="d7a7b6b497b6b9b6b4f9b0b8a1f9b5a5">[email protected]</span></a>; internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/. You may find
this IBR 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-2022-0466.
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-2022-0466; 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 AD, 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;
<a href="/cdn-cgi/l/email-protection#eca79e859f988dc2ab9e89899eac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="48033a213b3c29660f3a2d2d3a082e2929662f273e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2022-0466; Project Identifier MCAI-
2021-00572-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, 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 final rule 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 final rule.
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 AD 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 AD, 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 AD. 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; <a href="/cdn-cgi/l/email-protection#cf84bda6bcbbaee188bdaaaabd8fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="4d063f243e392c630a3f28283f0d2b2c2c632a223b">[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 2021-05-01, effective May 14, 2021 (ANAC AD 2021-05-01) (also
referred to as the MCAI), to correct an unsafe condition for certain
Embraer S.A. Model ERJ 190-300, and -400 airplanes.
This AD was prompted by a report of premature failures of the ACMP
3A at hydraulic system #3 due to excessive wear of the ACMP tail
bearing. Excessive wear, if allowed to progress, increases the
probability of ACMP failures. The FAA is issuing this AD to address
excessive wear of the ACMP tail bearing, which could lead to loss of
hydraulic system #3 and affect the electrical power distribution
system. This condition, in combination with an independent failure in
one engine, could cause loss of control of the airplane. See the MCAI
for additional background information.
Related Service Information Under 1 CFR Part 51
ANAC AD 2021-05-01 specifies procedures for repetitive replacement
of the hydraulic system ACMP 3A having part number (P/N) 3033041-101
with a serviceable part. 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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
described above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in ANAC AD
2021-05-01 described previously, except for any differences identified
as exceptions in the regulatory text of this 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)
[[Page 29029]]
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, ANAC AD 2021-05-
01 is incorporated by reference in this AD. This AD requires compliance
with ANAC AD 2021-05-01 in its entirety through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this AD. Service information required by ANAC AD 2021-05-01 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-2022-0466 after this AD is
published.
Interim Action
The FAA considers this AD interim action. If final action is later
identified, the FAA might consider further rulemaking then.
FAA's Justification and Determination of the Effective Date
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
forgoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
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Cost per
Labor cost Parts cost product
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2 work-hours x $85 per hour = $170.... * $0 $170
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* The FAA has received no definitive data on which to base the parts
cost estimate.
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, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
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:
2022-09-05 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.): Amendment
39-22025; Docket No. FAA-2022-0466; Project Identifier MCAI-2021-
00572-T.
(a) Effective Date
This airworthiness directive (AD) is effective May 27, 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 190-300, and -400 airplanes, certificated in any category,
as identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) AD 2021-05-01, effective May 14, 2021 (ANAC AD 2021-05-
01).
(d) Subject
Air Transport Association (ATA) of America Code 29, Hydraulic
power.
(e) Unsafe Condition
This AD was prompted by a report of premature failures of the
alternating current motor pump (ACMP) 3A at hydraulic system #3 due
to excessive wear of the ACMP tail bearing. The FAA is issuing this
AD to address excessive wear of the ACMP tail bearing, which could
lead to loss of hydraulic system #3 and affect the electrical power
distribution system. This condition, in combination with an
independent failure in one engine, could cause loss of control 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 2021-05-01.
[[Page 29030]]
(h) Exceptions to ANAC AD 2021-05-01
(1) Where ANAC AD 2021-05-01 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Alternative methods of compliance (AMOCs)'' section of
ANAC AD 2021-05-01 does not apply to this AD.
(3) For the initial replacement required by paragraph (b) of
ANAC AD 2021-05-01: If the accumulated flight hours on a hydraulic
system ACMP 3A having part number 3033041-101 cannot be conclusively
determined, this AD requires accomplishing that replacement within
300 flight hours after the effective date of this AD.
(4) Where paragraph (b) of ANAC AD 2021-05-01 specifies to
repeat the replacement ``before the hydraulic system ACMP 3A with
[part number] PN 3033041-101 accumulates 2,700 flight hours,'' for
this AD use ``before the hydraulic system ACMP 3A with PN 3033041-
101 accumulates 2,700 flight hours since installation in the ACMP 3A
position.''
(5) Where Note 3 of ANAC AD 2021-05-01 specifies ``for the
intent of this Airworthiness Directive, it is considered a
serviceable ACMP 3A'' for this AD use ``for this AD a serviceable
ACMP 3A is one listed in paragraphs (b)(i) through (iv) of ANAC AD
2021-05-01.''
(i) 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 (j) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#241d0965727709656d76091317140965696b67644245450a434b52"><span class="__cf_email__" data-cfemail="2b12066a7d78066a6279061c181b066a6664686b4d4a4a054c445d">[email protected]</span></a>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards 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.
(j) Related Information
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; <a href="/cdn-cgi/l/email-protection#b7fcc5dec4c3d699f0c5d2d2c5f7d1d6d699d0d8c1"><span class="__cf_email__" data-cfemail="9fd4edf6ecebfeb1d8edfafaeddff9fefeb1f8f0e9">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 Civil (ANAC)
AD 2021-05-01, effective May 14, 2021.
(ii) [Reserved]
(3) For ANAC AD 2021-05-01, 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#c8b8a9ab88a9a6a9abe6afa7bee6aaba"><span class="__cf_email__" data-cfemail="a3d3c2c0e3c2cdc2c08dc4ccd58dc1d1">[email protected]</span></a>; internet <a href="http://www.anac.gov">www.anac.gov</a>.br/
en/. You may find this IBR 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>.
(4) 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.
(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
<a href="/cdn-cgi/l/email-protection#c4a2b6eaadaab7b4a1a7b0adabaa84aaa5b6a5eaa3abb2"><span class="__cf_email__" data-cfemail="1274603c7b7c61627771667b7d7c527c7360733c757d64">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on April 14, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-10143 Filed 5-11-22; 8:45 am]
BILLING CODE 4910-13-P
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