Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 83817-83820 [2023-26383]

Download as PDF Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations A320A–92–1087, Revision 03, dated July 31, 2017; and Airbus Service Bulletin A320–92– 1119, dated July 28, 2017; were incorporated by reference in AD 2019–07–05. lotter on DSK11XQN23PROD with RULES1 (l) Additional AD Provisions (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 (m)(2) of this AD or email to: 9AVS-AIR-730-AMOC@faa.gov. If mailing information, also submit information by email. (i) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (ii) Global AMOC AIR–676–19–305, dated July 29, 2019, approved as an AMOC for AD 2019–07–05, is approved as an AMOC for the corresponding provisions of this AD. (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 the European Union Aviation Safety Agency (EASA); or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): Except as required by paragraph (l)(2) of this AD, if any service information contains procedures or tests that are identified as RC, those procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified 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 procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC. (m) Additional Information (1) Refer to European Union Aviation Safety Agency (EASA) AD 2022–0266, dated December 22, 2022, for related information. This EASA AD may be found in the AD docket at regulations.gov under Docket No. FAA–2023–1409. (2) For more information about this AD, contact Timothy Dowling, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 206–231– 3667; email Timothy.P.Dowling@faa.gov. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (4) of this AD. (n) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference VerDate Sep<11>2014 16:57 Nov 30, 2023 Jkt 262001 (IBR) 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) Airbus Service Bulletin A320–92–1087, Revision 04, dated May 16, 2022. (ii) Airbus Service Bulletin A320–92–1119, Revision 02, dated May 16, 2022. (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EIAS, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email account.airworth-eas@ airbus.com; website airbus.com. (4) 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. (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 www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on November 16, 2023. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–26404 Filed 11–30–23; 8:45 am] BILLING CODE 4910–13–P 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 Yabora˜ Indu´stria Aerona´utica S.A.; Embraer S.A.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: 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 SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 83817 fittings, functional checks of the backlash of the wing aileron control system, and all applicable related investigative and corrective actions, as specified in an Ageˆncia Nacional de Aviac¸a˜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: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • 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. • 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 regulations.gov 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: • 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—Sa˜o Jose´ dos Campos—SP, Brazil; telephone 55 (12) 3203–6600; email pac@anac.gov.br; website anac.gov.br/en/. You may find this material on the ANAC website at sistemas.anac.gov.br/certificacao/DA/ DAE.asp. • 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 E:\FR\FM\01DER1.SGM 01DER1 83818 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations regulations.gov 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: joshua.k.bragg@faa.gov. 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 regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. lotter on DSK11XQN23PROD with RULES1 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: joshua.k.bragg@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. VerDate Sep<11>2014 16:57 Nov 30, 2023 Jkt 262001 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 regulations.gov 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 pressfitted 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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 regulations.gov 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 E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days. 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 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 83819 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 Labor cost Parts cost Up to 8 work-hours × $85 per hour = $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 Cost per product $0 Up to $680. number of aircraft that might need these on-condition actions: ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Up to 22 work-hours × $85 per hour = $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. lotter on DSK11XQN23PROD with RULES1 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: VerDate Sep<11>2014 16:57 Nov 30, 2023 Jkt 262001 (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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2023–23–10 Embraer S.A. (Type Certificate Previously Held by Yabora˜ Indu´stria Aerona´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. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 $500 Cost per product Up to $2,370. (c) Applicability This AD applies to all Embraer S.A. (Type Certificate previously held by Yabora˜ Indu´stria Aerona´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, Ageˆncia Nacional de Aviac¸a˜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. E:\FR\FM\01DER1.SGM 01DER1 83820 Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Rules and Regulations (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. lotter on DSK11XQN23PROD with RULES1 (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: 9-AVS-AIR-730-AMOC@faa.gov. 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 VerDate Sep<11>2014 16:57 Nov 30, 2023 Jkt 262001 Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 817–222– 5366; email: joshua.k.bragg@faa.gov. (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) Ageˆncia Nacional de Aviac ¸a˜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—Sa˜o Jose´ dos Campos—SP, Brazil; telephone 55 (12) 3203– 6600; email: pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD on the ANAC website at sistemas.anac.gov.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 www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1713; Project Identifier MCAI–2023–00781–T; Amendment 39–22582; AD 2023–21–10] RIN 2120–AA64 Airworthiness Directives; ATR—GIE Avions de Transport Re´gional Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain ATR—GIE Avions de Transport Re´gional Model ATR42–500 and SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 ATR72–212A airplanes. This AD was prompted by reports of loose fasteners and cracks in the horizontal stabilizer (HS) left- and right-hand leading edge lateral ribs, the box in between, the center box upper panel, and HS forward back-up fitting. This AD requires an inspection of the HS affected areas for discrepancies and applicable corrective action, as specified in a European Union Aviation Safety Agency (EASA) 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 5, 2024. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 5, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1713; 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 address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For EASA material incorporated by reference in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. • For ATR—GIE Avions de Transport Re´gional service information incorporated by reference in this AD, contact ATR—GIE Avions de Transport Re´gional, 1 Alle´e Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; email continued.airworthiness@ atr aircraft.com; website atraircraft.com. • 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 in the AD docket at regulations.gov under Docket No. FAA– 2023–1713. FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; E:\FR\FM\01DER1.SGM 01DER1

Agencies

[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 [www.gpo.gov]
[FR Doc No: 2023-26383]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     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 regulations.gov 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:
     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 anac.gov.br">pac@anac.gov.br; 
website anac.gov.br/en/. You may find this material on the ANAC website 
at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
     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]]

regulations.gov 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: [email protected].

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 
regulations.gov, 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: [email protected]. 
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 regulations.gov 
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 regulations.gov 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
----------------------------------------------------------------------------------------------------------------
                      Labor cost                          Parts cost                Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 8 work-hours x $85 per hour = $680..............              $0  Up to $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
----------------------------------------------------------------------------------------------------------------
                      Labor cost                          Parts cost                Cost per product
----------------------------------------------------------------------------------------------------------------
Up to 22 work-hours x $85 per hour = $1,870...........            $500  Up to $2,370.
----------------------------------------------------------------------------------------------------------------

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: [email protected]. 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: 
[email protected].

(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: anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You 
may find this ANAC AD on the ANAC website at sistemas.anac.gov.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 www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    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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