Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 53346-53349 [2024-13938]

Download as PDF 53346 § 51.1445 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Rules and Regulations Fairly well developed. Fairly well developed means that the kernel is full-meated in over 50 percent of its width and length. § 51.1446 Poorly developed. Poorly developed means that the kernel is full-meated in less than 25 percent of its width and length. § 51.1447 § 51.1453 Uniform in color. Uniform in color means that 95 percent or more of the kernels in the lot have skin color within the range of one or two color classifications. § 51.1448 Fairly uniform in color. Fairly uniform in color means that 85 percent or more of the kernels in the lot have skin color within the range of one or two color classifications. § 51.1449 Uniform in size. Uniform in size means that, in a representative sample of 100 halves, the 10 smallest halves weigh not less than 25 percent as much as the 10 largest halves. § 51.1450 Fairly uniform in size. Fairly uniform in size means that, in a representative sample of 100 halves, the 10 smallest halves weigh not less than 50 percent as much as the 10 largest halves. § 51.1451 Foreign material. Foreign material includes rocks, wood, glass, plastic, or any similar material. It does not include hard shell, center wall, or pecan weevil larvae. ddrumheller on DSK120RN23PROD with RULES1 § 51.1452 Damage. Damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which materially detracts from the appearance or the edible or marketing quality of the individual portion of the kernel or of the lot as a whole. The following defects shall be considered as damage: (a) Adhering material from inside the shell when attached to more than onefourth of the surface on one side of the half-kernel or piece; (b) Dust or dirt adhering to the kernel when conspicuous; (c) Internal flesh discoloration of a medium shade of gray or brown extending more than one-fourth the length of the half-kernel or piece, or lesser areas of dark discoloration affecting the appearance to an equal or greater extent; (d) Kernel which is not well dried; (e) Kernel which is ‘‘dark amber’’ or darker color; (f) Kernel having more than one dark kernel spot, or one dark kernel spot VerDate Sep<11>2014 16:11 Jun 25, 2024 Jkt 262001 more than one-eighth inch in greatest dimension; (g) Poorly developed kernel; and (h) Shriveling when the surface of the kernel is very conspicuously wrinkled. Serious damage. Serious damage means any specific defect described in this section; or an equally objectionable variation of any one of these defects, or any other defect, or any combination of defects, which seriously detracts from the appearance or the edible or marketing quality of the individual portion of kernel or of the lot as a whole. The following defects shall be considered as serious damage: (a) Adhering material from inside the shell when attached to more than onehalf of the surface on one side of the half-kernel or piece; (b) Any plainly visible mold; (c) Dark kernel spots when more than three are on the kernel, or when any dark kernel spot or the aggregate of two or more spots affect an area of more than 10 percent of the surface of the halfkernel or piece; (d) Dark skin discoloration, darker than ‘‘dark brown,’’ when covering more than one-fourth of the surface of the half-kernel or piece; (e) Decay affecting any portion of the kernel; (f) Insects, web, or frass or any distinct evidence of insect feeding on the kernel; (g) Internal discoloration, which is dark gray, dark brown, or black and extends more than one-third the length of the half-kernel or piece; and (h) Rancidity when the kernel is distinctly rancid to taste. Staleness of flavor shall not be classed as rancidity. Note 1 to § 1453(h): Rancidity refers to the tendency of the oil in a pecan kernel to become tainted as a result of oxidation or hydrolysis. Industry measures to determine the tendency of a kernel to become rancid include testing the kernel’s peroxide and free fatty acid values. Peroxide values should be less than 5 mEq/kg and free fatty acids acid value should be less than 1 percent. These analyses are not performed in determination of grade. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024–13584 Filed 6–25–24; 8:45 am] BILLING CODE P PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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 Yaborã Indústria Aeronáutica 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 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 lockingstay bracket assembly; as specified in an Agência Nacional de Aviação 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: • 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. SUMMARY: E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Rules and Regulations • 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–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: • 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—São José 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 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 regulations.gov 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 krista.greer@faa.gov. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with RULES1 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 regulations.gov, including any personal VerDate Sep<11>2014 16:11 Jun 25, 2024 Jkt 262001 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 krista.greer@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. 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 selflocking 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 selflocking 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 regulations.gov under Docket No. FAA–2024–1688. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 53347 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 E:\FR\FM\26JNR1.SGM 26JNR1 53348 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Rules and Regulations 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). 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 regulations.gov 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. 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 Labor cost Parts cost Cost per product Cost on U.S. operators 1 work-hour × $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 oncondition actions: ddrumheller on DSK120RN23PROD with RULES1 ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Up to 3 work-hours × $85 per hour = $255 ............................................ Up to $3,740 .................................. Authority for This Rulemaking Regulatory Findings 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. 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. VerDate Sep<11>2014 16:11 Jun 25, 2024 Jkt 262001 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, PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Cost per product Up to $3,995. 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: ■ 2024–12–08 Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica 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. E:\FR\FM\26JNR1.SGM 26JNR1 Federal Register / Vol. 89, No. 123 / Wednesday, June 26, 2024 / Rules and Regulations (c) Applicability This AD applies to Embraer S.A. (Type Certificate previously held by Yaborã Indústria Aeronáutica 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 Agência Nacional de Aviação 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. ddrumheller on DSK120RN23PROD with RULES1 (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 VerDate Sep<11>2014 16:11 Jun 25, 2024 Jkt 262001 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: 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. (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 krista.greer@faa.gov. (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) Agência Nacional de Aviação 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—São José 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 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 53349 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1687; Project Identifier AD–2024–00253–T; Amendment 39–22771; AD 2024–12–07] RIN 2120–AA64 Airworthiness Directives; The Boeing Company Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for The Boeing Company Model 757–200 airplanes modified by particular supplemental type certificates. This AD was prompted by reports of cracking in the structure in and around the lavatory service panel. This AD requires repetitively inspecting the lavatory service panel, access pan, and attaching structure for cracks; reinforcing the attaching structure; and if necessary, replacing the access pan or repairing cracked parts. 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: • 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 by searching for and locating Docket No. FAA–2024– 1687; 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, any comments received, and other information. The street address for Docket Operations is listed above. SUMMARY: E:\FR\FM\26JNR1.SGM 26JNR1

Agencies

[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 [www.gpo.gov]
[FR Doc No: 2024-13938]


=======================================================================
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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:
     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.

[[Page 53347]]

     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-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:
     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 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 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 regulations.gov 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 [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 
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 
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 Krista 
Greer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3221; 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 
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 regulations.gov 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 regulations.gov 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: [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.

(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 
[email protected].

(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: 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 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

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