Rule2023-16383
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer 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
August 3, 2023
Effective
August 18, 2023
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 reports of missing parts on the main landing gear (MLG) side stay upper spindle assembly. This AD requires inspection of the left-hand (LH) and right-hand (RH) MLG side stay upper spindle assembly attachments, and corrective actions if necessary, 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 88 Issue 148 (Thursday, August 3, 2023)</title>
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[Federal Register Volume 88, Number 148 (Thursday, August 3, 2023)]
[Rules and Regulations]
[Pages 51225-51227]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16383]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1636; Project Identifier MCAI-2023-00369-T;
Amendment 39-22514; AD 2023-15-02]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer 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 reports of missing parts on the main landing gear (MLG)
side stay upper spindle assembly. This AD requires inspection of the
left-hand (LH) and right-hand (RH) MLG side stay upper spindle assembly
attachments, and corrective actions if necessary, 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.
DATES: This AD is effective August 18, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publications listed in this AD as of August 18,
2023.
The FAA must receive comments on this AD by September 18, 2023.
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="http://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1636; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For material incorporated by reference 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#95e5f4f6d5a9f4b5fde7f0f3a8" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>;
website <a href="http://anac.gov">anac.gov</a>.br/en/. You may find this material on the ANAC website
at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/DA/DAE.asp.
<bullet> You may view this service information 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 at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1636.
FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
216-316-6418; email <a href="/cdn-cgi/l/email-protection#abc1c4d8c3deca85c085c9d9caccccebcdcaca85ccc4dd"><span class="__cf_email__" data-cfemail="b0dadfc3d8c5d19edb9ed2c2d1d7d7f0d6d1d19ed7dfc6">[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-2023-1636; Project Identifier MCAI-
2023-00369-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="http://regulations.gov">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 Joshua
Bragg, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines,
WA 98198; telephone 216-316-6418; email <a href="/cdn-cgi/l/email-protection#b7ddd8c4dfc2d699dc99d5c5d6d0d0f7d1d6d699d0d8c1"><span class="__cf_email__" data-cfemail="553f3a263d20347b3e7b3727343232153334347b323a23">[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
ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2023-02-02R1, effective May 10, 2023 (ANAC AD 2023-02-02R1) (also
referred to as the MCAI), to correct an unsafe condition for certain
Embraer S.A. Model ERJ 190-300 and -400 airplanes. The MCAI states that
it was prompted by reports of missing parts on the main landing gear
(MLG) side stay upper spindle assembly, which may compromise the
locking and holding of the MLG side stay in its correct kinematics
position.
The FAA is issuing this AD to address a possible failure of MLG
locking elements, which could cause non-annunciated loss of downlocking
capability and collapse of the MLG structure during takeoff or landing.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1636.
[[Page 51226]]
Related Service Information Under 1 CFR Part 51
ANAC AD 2023-02-02R1 specifies procedures for a general visual
inspection of the LH and RH MLG side stay upper spindle assembly
attachments to determine if certain bolts, washers, locknuts, and
cotter pins are correctly installed; a detailed inspection to measure
the clearance between the spindle shoulder and the bushing flange and
the clearance between the bushing flange and the washer on the MLG side
stay upper spindle; and corrective actions including replacement with
new parts and removal, reinstallation, and retorquing of the MLG side
stay upper spindle. 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
referenced 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
2023-02-02R1 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) 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 2023-02-02R1 is incorporated by reference in this AD. This AD
requires compliance with ANAC AD 2023-02-02R1 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 2023-02-02R1 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2023-1636 after this AD is published.
FAA's Justification and Determination of the Effective Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
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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1 work-hour x $85 per hour = $85...... $0 $85
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The FAA estimates the following costs to do any necessary on-
condition action[s] that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
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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* Operator supplied parts that are in existing inventory, non-
significant cost.
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
[[Page 51227]]
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:
2023-15-02 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22514; Docket No. FAA-2023-1636; Project
Identifier MCAI-2023-00369-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 18, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer 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
2023-02-02R1, effective May 10, 2023 (ANAC AD 2023-02-02R1).
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by reports of missing parts on the main
landing gear (MLG) side stay upper spindle assembly. The FAA is
issuing this AD to address a possible failure of MLG locking
elements, which could cause non-annunciated loss of downlocking
capability and collapse of the MLG structure during takeoff or
landing.
(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 2023-02-02R1.
(h) Exceptions to ANAC AD 2023-02-02R1
(1) Where ANAC AD 2023-02-02R1 refers to ``01 Mar. 2023, the
effective date of the original issue of this AD,'' this AD requires
using the effective date of this AD.
(2) Where ANAC AD 2023-02-02R1 refers to its effective date,
this AD requires using the effective date of this AD.
(3) The ``Alternative methods of compliance (AMOC)'' section of
ANAC AD 2023-02-02R1 does not apply to this AD.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
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 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#96afbbd7c0c5bbd7dfc4bba1a5a6bbd7dbd9d5d6f0f7f7b8f1f9e0"><span class="__cf_email__" data-cfemail="695044283f3a4428203b445e5a59442824262a290f0808470e061f">[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, 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) Additional Information
For more information about this AD, contact Joshua Bragg,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; telephone 216-316-6418; email <a href="/cdn-cgi/l/email-protection#513b3e223924307f3a7f3323303636113730307f363e27"><span class="__cf_email__" data-cfemail="fa909589928f9bd491d498889b9d9dba9c9b9bd49d958c">[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 2023-02-02R1, effective May 10, 2023.
(ii) [Reserved]
(3) For ANAC AD 2023-02-02R1, 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#deaebfbd9ee2bffeb6acbbb8e3" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; internet <a href="http://anac.gov">anac.gov</a>.br/en/.
You may find this ANAC AD on the ANAC website at
<a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/DA/DAE.asp.
(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#ddbbaff3b4b3aeadb8bea9b4b2b39db3bcafbcf3bab2ab"><span class="__cf_email__" data-cfemail="680e1a4601061b180d0b1c0107062806091a09460f071e">[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 July 19, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16383 Filed 8-2-23; 8:45 am]
BILLING CODE 4910-13-P
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