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.
Issuing agencies
Abstract
The FAA is superseding Airworthiness Directive (AD) 2023-23- 10, which applied to all Embraer S.A. Model ERJ 190-300 airplanes. AD 2023-23-10 required 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. Since the FAA issued AD 2023-23-10, it was determined that certain requirements needed to be clarified. This AD continues to require all actions of ANAC AD 2023-06-01 with revised compliance requirements, 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 90 Issue 8 (Tuesday, January 14, 2025)</title>
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[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Rules and Regulations]
[Pages 2923-2926]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00387]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2551; Project Identifier MCAI-2024-00346-T;
Amendment 39-22906; AD 2024-25-04]
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 superseding Airworthiness Directive (AD) 2023-23-
10, which applied to all Embraer S.A. Model ERJ 190-300 airplanes. AD
2023-23-10 required 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. Since
the FAA issued AD 2023-23-10, it was determined that certain
requirements needed to be clarified. This AD continues to require all
actions of ANAC AD 2023-06-01 with revised compliance requirements, 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 29, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 29,
2025.
The FAA must receive comments on this AD by February 28, 2025.
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-2024-2551; 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 identified in this AD, contact ANAC,
Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 14
a 18, Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email
<a href="/cdn-cgi/l/email-protection#86f6e7e5c6bae7a6eef4e3e0bb" 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-2024-2551.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone:
206-231-3221; email: <a href="/cdn-cgi/l/email-protection#7b100912080f1a551c091e1e093b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="d2b9a0bba1a6b3fcb5a0b7b7a092b4b3b3fcb5bda4">[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 ``Docket No. FAA-2024-2551; Project
Identifier MCAI-2024-00346-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, 2200 South 216th Street, Des
Moines, WA 98198; phone: 206-231-3221; email: <a href="/cdn-cgi/l/email-protection#600b12091314014e0712050512200601014e070f16"><span class="__cf_email__" data-cfemail="94ffe6fde7e0f5baf3e6f1f1e6d4f2f5f5baf3fbe2">[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
The FAA issued AD 2023-23-10, Amendment 39-22612 (88 FR 83817,
December 1, 2023) (AD 2023-23-10), for all Embraer S.A. Model ERJ 190-
300 airplanes. AD 2023-23-10 was prompted by an MCAI originated by
ANAC, which is the aviation authority for Brazil. ANAC issued AD 2023-
06-01, effective June 16, 2023 (ANAC AD 2023-06-01), to correct an
unsafe condition.
AD 2023-23-10 required 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, which is incorporated by reference. The FAA issued AD 2023-23-
10 to address a limit cycle oscillation phenomenon, which could expose
the surrounding structure and systems to unacceptable vibration levels
and reduce the airplane controllability.
Actions Since AD 2023-23-10 Was Issued
Since the FAA issued AD 2023-23-10, ANAC superseded ANAC AD 2023-
06-01 and issued ANAC AD 2023-06-01R1, effective June 17, 2024 (ANAC AD
2023-06-01R1) (also referred to as the MCAI), to correct an unsafe
condition for all Embraer S.A. Model ERJ 190-300 airplanes. The MCAI
states that the
[[Page 2924]]
compliance paragraph was changed. The changes clarify that
discrepancies found during any inspection must be corrected
immediately, without any additional intervening actions.
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. If not addressed, this backlash could result in a limit cycle
oscillation phenomenon exposing the surrounding structure and systems
to unacceptable vibration levels and reducing the airplane
controllability. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2024-2551.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD
2023-06-01, this AD retains all of the requirements of AD 2023-06-01.
Those requirements are referenced in ANAC AD 2023-06-01R1, which, in
turn, is referenced in paragraph (g) of this AD.
Material Incorporated by Reference Under 1 CFR Part 51
ANAC AD 2023-06-01R1 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 attachment 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, and 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 cotter pins 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
2023-06-01R1 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 2023-06-01R1 is incorporated by reference in this AD. This AD
requires compliance with ANAC AD 2023-06-01R1 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Material required by ANAC AD 2023-
06-01R1 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2551 after this AD is published.
FAA's Justification and Determination of the Effective Date
Section 553(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). In addition, for the
foregoing reasons, 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. For any
affected airplane that 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
------------------------------------------------------------------------
Labor cost Parts cost Cost per 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
[[Page 2925]]
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 22 work-hours x $85 per hour $500 Up to $2,370.
= $1,870.
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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:
0
a. Removing Airworthiness Directive (AD) 2023-23-10, Amendment 39-22612
(88 FR 83817, December 1, 2023); and
0
b. Adding the following new AD:
2024-25-04 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22906; Docket No. FAA-2024-2551; Project
Identifier MCAI-2024-00346-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 29, 2025.
(b) Affected ADs
This AD replaces AD 2023-23-10, Amendment 39-22612 (88 FR 83817,
December 1, 2023) (AD 2023-23-10).
(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 2023-06-01R1, effective June 17, 2024 (ANAC AD 2023-
06-01R1).
(h) Exceptions to ANAC AD 2023-06-01R1
(1) Where ANAC AD 2023-06-01R1 refers to ``May 16, 2023, the
effective date of the original issue of this AD,'' this AD requires
using January 25, 2024 (the effective date of AD 2023-23-10).
(2) Where paragraph (b)(1) of ANAC AD 2023-06-01R1 specifies to
``carry out the inspections and the FNC of the airplane aileron
control system backlash, as follows,'' this AD requires replacing
that text with ``carry out the inspections and the FNC of the
airplane aileron control system backlash specified in paragraphs
(b)(2), (b)(3), and (b)(4) of this AD.''
(3) Where paragraph (b)(3) of ANAC AD 2023-06-01R1 specifies to
``measure de distances,'' this AD requires replacing that text 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
2023-06-01R1 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 and corrective
actions specified in paragraphs (c)(4)(ii), (c)(4)(iii), and
(c)(4)(iii)(a), and (c)(4)(iii)(b) of ANAC AD 2023-06-01R1 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 2023-06-01R1 specifies to
repeat the inspections ``at each 5,500 FH,'' this AD requires
replacing that text with ``at intervals not to exceed 5,500 FH.''
(7) Where ANAC AD 2023-06-01R1 refers to its effective date,
this AD requires using the effective date of this AD.
(8) This AD does not adopt paragraph (f) of ANAC AD 2023-06-
01R1.
(9) Although the service information specified in ANAC AD 2023-
06-01R1 specifies returning certain parts the manufacturer, this AD
does not include that requirement.
(i) No Reporting Requirement
Although the material referenced in ANAC AD 2023-06-01R1
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.
[[Page 2926]]
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, send it to the attention of the person identified
in paragraph (k) of this AD and email to: <a href="/cdn-cgi/l/email-protection#5514181a16153334347b323a23"><span class="__cf_email__" data-cfemail="26676b69656640474708414950">[email protected]</span></a>.
(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.
(3) Required for Compliance (RC): Except as specified by
paragraph (j)(2) of this AD: For material that contains steps that
are labeled as Required for Compliance (RC), the provisions of
paragraphs (j)(3)(i) and (ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(k) Additional Information
For more information about this AD, contact Krista Greer,
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines,
WA 98198; phone: 206-231-3221; email: <a href="/cdn-cgi/l/email-protection#016a73687275602f6673646473416760602f666e77"><span class="__cf_email__" data-cfemail="89e2fbe0fafde8a7eefbececfbc9efe8e8a7eee6ff">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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)
AD 2023-06-01R1, effective June 17, 2024.
(ii) [Reserved]
(3) For ANAC material identified in this AD, contact ANAC,
Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--Andares
14 a 18, Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600;
email: <a href="/cdn-cgi/l/email-protection#b9c9d8daf985d899d1cbdcdf84" 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.
(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#3c5a4e1255524f4c595f485553527c525d4e5d125b534a"><span class="__cf_email__" data-cfemail="87e1f5a9eee9f4f7e2e4f3eee8e9c7e9e6f5e6a9e0e8f1">[email protected]</span></a>.
Issued on January 6, 2025.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-00387 Filed 1-13-25; 8:45 am]
BILLING CODE 4910-13-P
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