Rule2023-26383
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
December 1, 2023
Effective
December 18, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Embraer S.A. Model ERJ 190-300 airplanes. This AD was prompted by a report of unexpected wear on the wing hinge bearing assembly of the aileron surfaces found during the functional test of the aileron control system backlash. This AD requires repetitive inspections of the press-fitted bushings of the wing ailerons for migration and broken sealant, measurements of the distance between the aileron surfaces and hinge fittings, functional checks of the backlash of the wing aileron control system, and all applicable related investigative and corrective actions, 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 230 (Friday, December 1, 2023)</title>
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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Rules and Regulations]
[Pages 83817-83820]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26383]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2154; Project Identifier MCAI-2023-00763-T;
Amendment 39-22612; AD 2023-23-10]
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 all
Embraer S.A. Model ERJ 190-300 airplanes. This AD was prompted by a
report of unexpected wear on the wing hinge bearing assembly of the
aileron surfaces found during the functional test of the aileron
control system backlash. This AD requires repetitive inspections of the
press-fitted bushings of the wing ailerons for migration and broken
sealant, measurements of the distance between the aileron surfaces and
hinge fittings, functional checks of the backlash of the wing aileron
control system, and all applicable related investigative and corrective
actions, 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 December 18, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 18,
2023.
The FAA must receive comments on this AD by January 16, 2024.
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-2023-2154; 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#36465755760a57165e4453500b" 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
[[Page 83818]]
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-2154.
FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 817-222-5366; email: <a href="/cdn-cgi/l/email-protection#5c36332f34293d7237723e2e3d3b3b1c3a3d3d723b332a"><span class="__cf_email__" data-cfemail="eb818498839e8ac580c589998a8c8cab8d8a8ac58c849d">[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-2023-2154; Project Identifier MCAI-
2023-00763-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, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 817-222-5366; email: <a href="/cdn-cgi/l/email-protection#9ef4f1edf6ebffb0f5b0fcecfff9f9def8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="81ebeef2e9f4e0afeaafe3f3e0e6e6c1e7e0e0afe6eef7">[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 2023-06-01, effective June 16, 2023 (ANAC AD 2023-06-01) (also
referred to as the MCAI), to correct an unsafe condition for all
Embraer S.A. Model ERJ 190-300 airplanes. The MCAI states unexpected
wear, which was beyond the certification limits of the airplane, was
found on the wing hinge bearing assembly of the aileron surfaces during
the functional test of the aileron control system backlash. Excessive
backlash may result in a limit cycle oscillation phenomenon exposing
the surrounding structure and systems to unacceptable vibration levels
and reducing the airplane controllability.
The FAA is issuing this AD to address the unsafe condition on these
products. You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a>
under Docket No. FAA-2023-2154.
Related Service Information Under 1 CFR Part 51
ANAC AD 2023-06-01 specifies procedures for repetitive general
visual inspections of the press-fitted bushings of the left-hand (LH)
and right-hand (RH) wing ailerons for migration and broken sealant;
repetitive detailed inspections to measure the distance between the LH
and RH wing aileron surfaces and hinge fittings; repetitive functional
checks of the backlash of the LH and RH wing aileron control system;
and applicable related investigative and corrective actions. The
related investigative actions include a detailed inspection of the
torque values of the attachments parts on the LH and RH wing aileron
surfaces; a general visual inspection of the press-fitted bushings on
the LH and RH aileron surfaces, as applicable, for damage (i.e.,
elongation, scratches, nicks) and rotation or migration (i.e., gap
between the bushing flange and lug, or broken sealant around the
bushing); a general visual inspection of the sliding bushings of the LH
and RH aileron surfaces, as applicable, for damage (i.e., scratches,
steps, and dents) and migration of the press-fitted bushing pair; a
detailed inspection to measure the outer diameter of the sliding
bushings; a detailed inspection to check the inner diameter of the
press-fitted bushings of certain aileron fittings; measurement of the
outer diameters of the mating sliding bushing and bolt shank; and an
operational check of the aileron control system, or a rigging procedure
and deflection check, as applicable. The corrective actions include
retorquing the nuts and installing cotterpins on the bolts and nuts of
the attachment parts on the LH and RH wing aileron surfaces; and
replacing the bearings and press-fitted and sliding bushings.
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
2023-06-01 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) 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 2023-06-01 is incorporated by reference in this AD. This AD
requires compliance with ANAC AD 2023-06-01 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 2023-06-01 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2154 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
[[Page 83819]]
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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Labor cost Parts cost Cost per product
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Up to 8 work-hours x $85 per hour = $680.............. $0 Up to $680.
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The FAA estimates the following costs to do any necessary on-
condition actions 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
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Labor cost Parts cost Cost per product
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Up to 22 work-hours x $85 per hour = $1,870........... $500 Up to $2,370.
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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:
2023-23-10 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22612; Docket No. FAA-2023-2154; Project
Identifier MCAI-2023-00763-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 18,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.) Model ERJ 190-300 airplanes, certificated in any
category.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Unsafe Condition
This AD was prompted by a report of unexpected wear on the wing
hinge bearing assembly of the aileron surfaces found during the
functional test of the aileron control system backlash. The FAA is
issuing this AD to address wear on the wing hinge bearing assembly
of the aileron surfaces that could lead to excessive backlash. The
unsafe condition, if not addressed, could result in a limit cycle
oscillation phenomenon exposing the surrounding structure and
systems to unacceptable vibration levels and reducing the airplane
controllability.
(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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) AD 2023-06-01, effective June 16, 2023 (ANAC AD 2023-
06-01).
(h) Exceptions to ANAC AD 2023-06-01
(1) Where ANAC AD 2023-06-01 refers to its effective date, this
AD requires using the effective date of this AD.
[[Page 83820]]
(2) Where paragraphs (b)(2)(i) and (b)(3)(i) of ANAC AD 2023-06-
01 specify ``before the next flight, accomplish the paragraph (c) of
this AD after to accomplish the paragraph (b)(4) of this AD'' as
corrective actions for certain conditions, this AD requires
replacing those words with ``before the next flight, accomplish
paragraph (c) of this AD after accomplishing paragraph (b)(4) of
this AD.''
(3) Where paragraph (b)(3) of ANAC AD 2023-06-01 specifies to
``measure de distances,'' this AD requires replacing those words
with ``measure the distances.''
(4) All applicable related investigative and corrective actions
specified in paragraphs (b)(4)(iii) and (b)(4)(iii)(a) of ANAC AD
2023-06-01 must be done before the next flight after the functional
check of the left-hand (LH) and right-hand (RH) wing aileron control
system.
(5) All applicable related investigative actions specified in
paragraph (c)(4)(ii) of ANAC AD 2023-06-01 must be done before the
next flight after the detailed inspection on the LH and RH removed
aileron surface, as applicable.
(6) Where paragraph (d) of ANAC AD 2023-06-01 specifies to
repeat the inspections ``at each 5,500 FH,'' this AD requires
replacing those words with ``at intervals not to exceed 5,500 FH.''
(7) This AD does not adopt paragraph (e) of ANAC AD 2023-06-01.
(8) Although the service information specified in ANAC AD 2023-
06-01 specifies returning certain parts the manufacturer, this AD
does not include that requirement.
(i) No Reporting Requirement
Although the service information in ANAC AD 2023-05-02 specifies
to submit certain information to the manufacturer, this AD does not
include that requirement.
(j) 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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#063f2b4750552b474f542b3135362b474b49454660676728616970"><span class="__cf_email__" data-cfemail="4b72660a1d18660a0219667c787b660a0604080b2d2a2a652c243d">[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.
(k) Additional Information
For more information about this AD, contact Joshua Bragg,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 817-222-5366; email:
<a href="/cdn-cgi/l/email-protection#80eaeff3e8f5e1aeebaee2f2e1e7e7c0e6e1e1aee7eff6"><span class="__cf_email__" data-cfemail="fd97928e95889cd396d39f8f9c9a9abd9b9c9cd39a928b">[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 2023-06-01, effective June 16, 2023.
(ii) [Reserved]
(3) For ANAC AD 2023-06-01, 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#5e2e3f3d1e623f7e362c3b3863" 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 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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#2244500c4b4c51524741564b4d4c624c4350430c454d54"><span class="__cf_email__" data-cfemail="6204104c0b0c11120701160b0d0c220c0310034c050d14">[email protected]</span></a>.
Issued on November 16, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023-26383 Filed 11-30-23; 8:45 am]
BILLING CODE 4910-13-P
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