Rule2022-16059
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
July 27, 2022
Effective
August 31, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 190-100 ECJ airplanes. This 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 AD requires 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 incorporated by reference. This AD also prohibits installing certain part numbers. 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 143 (Wednesday, July 27, 2022)</title>
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[Federal Register Volume 87, Number 143 (Wednesday, July 27, 2022)]
[Rules and Regulations]
[Pages 45015-45018]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16059]
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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;
Amendment 39-22083; AD 2022-12-11]
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.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 190-100 ECJ airplanes. This 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 AD requires 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 incorporated by reference. This AD also prohibits installing
certain part numbers. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective August 31, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of August 31,
2022.
ADDRESSES: 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#7202131132131c13115c151d045c1000"><span class="__cf_email__" data-cfemail="4131202201202f20226f262e376f2333">[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
[[Page 45016]]
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="http://www.regulations.gov">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="http://www.regulations.gov">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 final rule, the mandatory
continuing airworthiness information (MCAI), 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,
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#4328312a3037226d2431262631032522226d242c35"><span class="__cf_email__" data-cfemail="214a53485255400f4653444453614740400f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Embraer S.A.
Model ERJ 190-100 ECJ airplanes. The NPRM published in the Federal
Register on April 8, 2022 (87 FR 20787). The NPRM 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
MLG may not be properly controlled, due to interchanging those parts
between airplane models with different operational loads during repair
or overhaul. The NPRM proposed to 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 ANAC AD 2021-08-01.
The NPRM also proposed to prohibit installing certain part numbers.
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. See the MCAI for
additional background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from The Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.
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.
Interim Action
The FAA considers this AD interim action. The inspection reports
required by this AD will enable the manufacturer to gain better insight
into the extent to which components have been interchanged between
models and determine if 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 AD affects 10 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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 *
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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 reporting requirement in this 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 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.
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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
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.
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:
2022-12-11 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.): Amendment
39-22083; Docket No. FAA-2022-0399; Project Identifier MCAI-2021-
00983-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 31, 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 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) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#a49d89e5f2f789e5edf68993979489e5e9ebe7e4c2c5c58ac3cbd2"><span class="__cf_email__" data-cfemail="8eb7a3cfd8dda3cfc7dca3b9bdbea3cfc3c1cdcee8efefa0e9e1f8">[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
[[Page 45018]]
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
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#741f061d0700155a1306111106341215155a131b02"><span class="__cf_email__" data-cfemail="d2b9a0bba1a6b3fcb5a0b7b7a092b4b3b3fcb5bda4">[email protected]</span></a>.
(l) 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 2021-08-01, effective August 31, 2021.
(ii) [Reserved]
(3) For ANAC AD 2021-08-01, 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#2858494b684946494b064f475e064a5a"><span class="__cf_email__" data-cfemail="7303121033121d12105d141c055d1101">[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>.
(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#5a3c28743334292a3f392e3335341a343b283b743d352c"><span class="__cf_email__" data-cfemail="2e485c0047405d5e4b4d5a4741406e404f5c4f00494158">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-16059 Filed 7-26-22; 8:45 am]
BILLING CODE 4910-13-P
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