Rule2024-13938
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
June 26, 2024
Effective
July 11, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes. This AD was prompted by a report of a landing gear not locked indication during the final approach, which led the flight crew to declare an emergency. This AD requires reviewing maintenance records of the main landing gear (MLG) assemblies to determine whether the MLG was modified according to a certain service bulletin or restored during overhaul maintenance; inspecting the left and right MLG locking-stay bracket assemblies to verify that the correct attaching hardware is correctly installed on the brackets; replacing nuts having certain part numbers (P/Ns); replacing the locking-stay bracket assembly, if necessary; and prohibits the installation of affected parts on the MLG locking-stay bracket assembly; 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 89 Issue 123 (Wednesday, June 26, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 123 (Wednesday, June 26, 2024)]
[Rules and Regulations]
[Pages 53346-53349]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13938]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1688; Project Identifier MCAI-2024-00299-T;
Amendment 39-22772; AD 2024-12-08]
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
certain Embraer S.A. Model ERJ 170 airplanes. This AD was prompted by a
report of a landing gear not locked indication during the final
approach, which led the flight crew to declare an emergency. This AD
requires reviewing maintenance records of the main landing gear (MLG)
assemblies to determine whether the MLG was modified according to a
certain service bulletin or restored during overhaul maintenance;
inspecting the left and right MLG locking-stay bracket assemblies to
verify that the correct attaching hardware is correctly installed on
the brackets; replacing nuts having certain part numbers (P/Ns);
replacing the locking-stay bracket assembly, if necessary; and
prohibits the installation of affected parts on the MLG locking-stay
bracket assembly; 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 July 11, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 11,
2024.
The FAA must receive comments on this AD by August 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.
[[Page 53347]]
<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-2024-1688; 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 ANAC material, 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#7d0d1c1e3d411c5d150f181b40" 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 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 at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1688.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3221; email <a href="/cdn-cgi/l/email-protection#0a617863797e6b246d786f6f784a6c6b6b246d657c"><span class="__cf_email__" data-cfemail="9ef5ecf7edeaffb0f9ecfbfbecdef8ffffb0f9f1e8">[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
the ADDRESSES section. Include the ``Docket No. FAA-2024-1688; Project
Identifier MCAI-2024-00299-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 Krista
Greer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3221; email <a href="/cdn-cgi/l/email-protection#0b607962787f6a256c796e6e794b6d6a6a256c647d"><span class="__cf_email__" data-cfemail="0c677e657f786d226b7e69697e4c6a6d6d226b637a">[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
Emergency AD E2024-05-09R01, effective May 29, 2024 (ANAC AD E2024-05-
09R01) (also referred to as the MCAI), to correct an unsafe condition
for certain Embraer S.A. Model ERJ 170 airplanes. The MCAI states that
a landing gear not locked indication during the final approach led the
flight crew to declare an emergency. Although the event did not result
in serious consequences, it was found that a failure could occur in the
MLG locking-stay bracket assembly, due to the installation of a
particular self-locking nut (P/N MS17826-5) installed during
modification according to Embraer Service Bulletin 170-32-0089 or
during restoration in overhaul maintenance.
The FAA is issuing this AD to address failure of the MLG locking-
stay bracket assembly due to failure of this self-locking nut, which
can result in uncommanded retraction of the landing gear and consequent
loss of directional control of the airplane on the ground if the
landing gear collapses.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1688.
Related Material Under 1 CFR Part 51
ANAC AD E2024-05-09R01 specifies checking the airplane maintenance
records to identify whether the MLG was modified according to a certain
service bulletin or restored during overhaul maintenance. ANAC AD
E2024-05-09R01 also specifies procedures for a general visual
inspection of the left and right MLG locking-stay bracket assemblies to
verify that the correct screws, washers, nuts, and cotter pins are
correctly installed on the bracket; replacement of nuts having certain
part numbers; and replacement of the locking-stay bracket assembly if
any anomaly (looseness, missing parts, bending, cracking, or other
damage) is detected in any attachment parts installed on the bracket.
ANAC AD E2024-05-09R01 further prohibits the installation of nuts
having P/N MS17826-5 on the MLG locking-stay bracket. 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
E2024-05-09R01 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 E2024-05-09R01 is incorporated by reference in this AD. This AD
requires compliance with ANAC AD E2024-05-09R01 in its entirety through
that incorporation, except for any differences
[[Page 53348]]
identified as exceptions in the regulatory text of this AD. Service
information required by ANAC AD E2024-05-09R01 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-1688 after this
AD is published.
Justification for Immediate Adoption 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.
An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies forgoing notice and comment prior to adoption of this rule
because failure of the locking-stay bracket assembly due to failure of
a certain self-locking nut can result in uncommanded retraction of the
landing gear and consequent loss of directional control of the airplane
on the ground if the landing gear collapses. Accordingly, notice and
opportunity for prior public comment are impracticable and contrary to
the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
In addition, 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,
for the same reasons the FAA found good cause to forgo notice and
comment.
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
The FAA estimates that this AD affects 728 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85............................. $0 $85 $61,880
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any 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
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
Up to 3 work-hours x $85 per Up to $3,740...... Up to $3,995.
hour = $255.
------------------------------------------------------------------------
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:
2024-12-08 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22772; Docket No. FAA-2024-1688; Project
Identifier MCAI-2024-00299-T.
(a) Effective Date
This airworthiness directive (AD) is effective July 11, 2024.
(b) Affected ADs
None.
[[Page 53349]]
(c) Applicability
This AD applies to Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes, and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL
airplanes, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
Emergency AD E2024-05-09R01, effective May 29, 2024 (ANAC AD E2024-
05-09R01).
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by a report of a landing gear not locked
indication during the final approach, which led the flight crew to
declare an emergency. The FAA is issuing this AD to address failure
of the main landing gear (MLG) locking-stay bracket assembly due to
failure of this self-locking nut, which can result in uncommanded
retraction of the landing gear and consequent loss of directional
control of the airplane on the ground if the landing gear collapses.
(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 E2024-05-09R01.
(h) Exceptions to ANAC AD E2024-05-09R01
(1) Where ANAC AD E2024-05-09R01 refers to May 21, 2024, the
effective date of ANAC Emergency AD E2024-05-09, this AD requires
using the effective date of this AD.
(2) Where ANAC AD E2024-05-09R01 refers to its effective date,
this AD requires using the effective date of this AD.
(3) ANAC AD E2024-05-09R01 does not specify a compliance time
for the actions specified in paragraphs (b)(2)(i), (b)(2)(i)(I),
(c)(2)(i), and (c)(2)(i)(I) of ANAC AD E2024-05-09R01. For this AD,
after accomplishing the inspection required by paragraph (b)(2) or
(c)(2), as applicable, of ANAC AD E2024-05-09R01, the actions
required by paragraphs (b)(2)(i), (b)(2)(i)(I), (c)(2)(i), and
(c)(2)(i)(I) of ANAC AD E2024-05-09R01 must be done before further
flight, if there is no anomaly in the hardware installation on the
bracket P/N 1840A0700-03 or 1840A0700-04, or nut having P/N MS17826-
5 installed, as applicable.
(4) Where paragraph (e) of ANAC AD E2024-05-09R01 refers to
``After the effective date of this AD,'' for this AD, replace that
text with ``As of the effective date of this AD.''
(5) This AD does not adopt paragraph (g) of ANAC AD E2024-05-
09R01.
(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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#9da4b0dccbceb0dcd4cfb0aaaeadb0dcd0d2deddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="40796d0116136d0109126d7773706d010d0f03002621216e272f36">[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 Krista Greer,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3221; email
<a href="/cdn-cgi/l/email-protection#563d243f2522377831243333241630373778313920"><span class="__cf_email__" data-cfemail="d6bda4bfa5a2b7f8b1a4b3b3a496b0b7b7f8b1b9a0">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material 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)
Emergency AD E2024-05-09R01, effective May 29, 2024.
(ii) [Reserved]
(3) For ANAC AD E2024-05-09R01, 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#53233230136f32733b2136356e" 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#8aecf8a4e3e4f9faefe9fee3e5e4cae4ebf8eba4ede5fc"><span class="__cf_email__" data-cfemail="1d7b6f3374736e6d787e697472735d737c6f7c337a726b">[email protected]</span></a>.
Issued on June 11, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-13938 Filed 6-21-24; 11:15 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 June 26, 2024.
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.