Rule2023-28335
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 27, 2023
Effective
January 11, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Embraer S.A. Model ERJ 190-400 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 247 (Wednesday, December 27, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89286-89290]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28335]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2153; Project Identifier MCAI-2023-00688-T;
Amendment 39-22611; AD 2023-23-09]
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Embraer S.A. Model ERJ 190-400 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 January 11, 2024.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 11,
2024.
The FAA must receive comments on this AD by February 12, 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-2023-2153; 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; phone 55 (12) 3203-6600; email <a href="/cdn-cgi/l/email-protection#e7978684a7db86c78f958281da" 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-2023-2153.
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#ed87829e85988cc386c38f9f8c8a8aad8b8c8cc38a829b"><span class="__cf_email__" data-cfemail="9df7f2eef5e8fcb3f6b3ffeffcfafaddfbfcfcb3faf2eb">[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-2023-2153; Project Identifier MCAI-
2023-00688-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
[[Page 89287]]
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#fb919488938e9ad590d599899a9c9cbb9d9a9ad59c948d"><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 2023-05-02, effective May 18, 2023 (ANAC AD 2023-05-02) (also
referred to as the MCAI), to correct an unsafe condition for all
Embraer S.A. Model ERJ 190-400 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.
ANAC has informed the FAA of corrections to ANAC AD 2023-05-02 that
were issued in ANAC AD 2023-05-02, Errata, dated May 18, 2023. The FAA
has included these corrections in paragraphs (h)(3) and (10) of this AD
and has also addressed typographical errors in paragraphs (h)(4) and
(5) of this AD.
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-2023-2153.
Related Service Information Under 1 CFR Part 51
ANAC AD 2023-05-02 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 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
2023-05-02 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 2023-05-02 is incorporated by reference in this AD. This AD
requires compliance with ANAC AD 2023-05-02 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 2023-05-02 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-2153 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
[[Page 89288]]
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
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
Up to 8 work-hours x $85 per hour = $0 Up to $680.
$680.................................
------------------------------------------------------------------------
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
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
Up to 22 work-hours x $85 per hour = $500 $2,370
$1,870...............................
------------------------------------------------------------------------
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:
2023-23-09 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22611; Docket No. FAA-2023-2153; Project
Identifier MCAI-2023-00688-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 11, 2024.
(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 190-400 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 2023-05-02, effective May 18, 2023 (ANAC AD 2023-05-
02).
(h) Exceptions to ANAC AD 2023-05-02
(1) Where ANAC AD 2023-05-02 refers to its effective date, this
AD requires using the effective date of this AD.
(2) This AD requires replacing Table 01 of ANAC AD 2023-05-02
with Figure 1 to paragraph (h)(2) of this AD; and where paragraph
(b)(1) of ANAC AD 2023-05-02 specifies ``Within the applicable
intervals and limitations established in the `Table 01--Compliance
intervals and limitations' of this AD,'' this AD requires replacing
those words with ``Within the applicable compliance time specified
in `Table 01--Compliance Times for Initial Inspections' of this
AD.''
Figure 1 to Paragraph (h)(2)
[[Page 89289]]
[GRAPHIC] [TIFF OMITTED] TR27DE23.000
(3) Where paragraphs (b)(2) and (b)(2)(i) of ANAC AD 2023-05-02
specify ``press-fitting bushings'' this AD requires replacing those
words with ``press-fitted bushings.''
(4) Where paragraphs (b)(2)(i) and (b)(3)(i) of ANAC AD 2023-05-
02 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.''
(5) Where paragraph (b)(3) of ANAC AD 2023-05-02 specifies to
``measure de distances,'' this AD requires replacing those words
with ``measure the distances.''
(6) All applicable related investigative and corrective actions
specified in paragraphs (b)(4)(iii) and (b)(4)(iii)(a) of ANAC AD
2023-05-02 must be done before the next flight after the functional
check of the left-hand (LH) and right-hand (RH) wing aileron control
system.
(7) All applicable related investigative actions specified in
paragraph (c)(4)(ii) of ANAC AD 2023-05-02 must be done before the
next flight after the detailed inspection on the LH and RH removed
aileron surface, as applicable.
(8) Where paragraph (d) of ANAC AD 2023-05-02 specifies to
repeat the inspections ``at each 3,000 FH,'' this AD requires
replacing those words with ``at intervals not to exceed 3,000 FH'';
and where paragraph (d) of ANAC 2023-05-02 specifies performing
subsequent inspections ``after 3000 FH,'' this AD requires replacing
those words with ``within 3,000 FH.''
(9) Where paragraph (d) of ANAC AD 2023-05-02 specifies to
``Repeat the inspections and the actions required by the paragraphs
(b) and (c) of this AD,'' this AD requires replacing those words
with ``Repeat the inspections required by paragraph (b) of this
AD.''
(10) Where paragraph (e) of ANAC AD 2023-05-02 specifies ``the
paragraphs (b) and (c) of this AD have been complied with'' this AD
requires replacing those words with ``paragraphs (b) and (c) of this
AD, as applicable, have been complied with.''
(11) This AD does not adopt paragraph (f) of ANAC AD 2023-05-02.
(12) Although the service information specified in ANAC AD 2023-
05-02 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#c1f8ec809792ec808893ecf6f2f1ec808c8e8281a7a0a0efa6aeb7"><span class="__cf_email__" data-cfemail="30091d7166631d7179621d0703001d717d7f73705651511e575f46">[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#95fffae6fde0f4bbfebbf7e7f4f2f2d5f3f4f4bbf2fae3"><span class="__cf_email__" data-cfemail="99f3f6eaf1ecf8b7f2b7fbebf8fefed9fff8f8b7fef6ef">[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 2023-05-02, effective May 18, 2023.
(ii) [Reserved]
(3) For ANAC AD 2023-05-02, 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; phone 55 (12) 3203-6600; email <a href="/cdn-cgi/l/email-protection#15657476552974357d67707328" 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
[[Page 89290]]
<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#fd9b8fd394938e8d989e89949293bd939c8f9cd39a928b"><span class="__cf_email__" data-cfemail="e68094c88f8895968385928f8988a688879487c8818990">[email protected]</span></a>.
Issued on December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28335 Filed 12-26-23; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.