Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 2923-2926 [2025-00387]

Download as PDF Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–2551; Project Identifier MCAI–2024–00346–T; Amendment 39–22906; AD 2024–25–04] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2023–23– 10, which applied to all Embraer S.A. Model ERJ 190–300 airplanes. AD 2023– 23–10 required repetitive inspections of the press-fitted bushings of the wing ailerons for migration and broken sealant, measurements of the distance between the aileron surfaces and hinge fittings, functional checks of the backlash of the wing aileron control system, and all applicable related investigative and corrective actions. Since the FAA issued AD 2023–23–10, it was determined that certain requirements needed to be clarified. This AD continues to require all actions of ANAC AD 2023–06–01 with revised compliance requirements, as specified in an 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 January 29, 2025. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 29, 2025. The FAA must receive comments on this AD by February 28, 2025. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • 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. khammond on DSK9W7S144PROD with RULES SUMMARY: VerDate Sep<11>2014 15:48 Jan 13, 2025 Jkt 265001 AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–2551; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For ANAC material identified in this AD, contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230— Centro Empresarial Aquarius—Torre B—Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246–190—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–2024–2551. FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 206–231– 3221; email: krista.greer@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 the ADDRESSES section. Include ‘‘Docket No. FAA– 2024–2551; Project Identifier MCAI– 2024–00346–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to 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. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 2923 Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Krista Greer, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 206–231–3221; email: 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 The FAA issued AD 2023–23–10, Amendment 39–22612 (88 FR 83817, December 1, 2023) (AD 2023–23–10), for all Embraer S.A. Model ERJ 190–300 airplanes. AD 2023–23–10 was prompted by an MCAI originated by ANAC, which is the aviation authority for Brazil. ANAC issued AD 2023–06– 01, effective June 16, 2023 (ANAC AD 2023–06–01), to correct an unsafe condition. AD 2023–23–10 required repetitive inspections of the press-fitted bushings of the wing ailerons for migration and broken sealant, measurements of the distance between the aileron surfaces and hinge fittings, functional checks of the backlash of the wing aileron control system, and all applicable related investigative and corrective actions, which is incorporated by reference. The FAA issued AD 2023–23–10 to address a limit cycle oscillation phenomenon, which could expose the surrounding structure and systems to unacceptable vibration levels and reduce the airplane controllability. Actions Since AD 2023–23–10 Was Issued Since the FAA issued AD 2023–23– 10, ANAC superseded ANAC AD 2023– 06–01 and issued ANAC AD 2023–06– 01R1, effective June 17, 2024 (ANAC AD 2023–06–01R1) (also referred to as the MCAI), to correct an unsafe condition for all Embraer S.A. Model ERJ 190–300 airplanes. The MCAI states that the E:\FR\FM\14JAR1.SGM 14JAR1 2924 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations compliance paragraph was changed. The changes clarify that discrepancies found during any inspection must be corrected immediately, without any additional intervening actions. The FAA is issuing this AD to address wear on the wing hinge bearing assembly of the aileron surfaces that could lead to excessive backlash. If not addressed, this backlash could result in a limit cycle oscillation phenomenon exposing the surrounding structure and systems to unacceptable vibration levels and reducing the airplane controllability. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA– 2024–2551. Explanation of Retained Requirements Although this AD does not explicitly restate the requirements of AD 2023– 06–01, this AD retains all of the requirements of AD 2023–06–01. Those requirements are referenced in ANAC AD 2023–06–01R1, which, in turn, is referenced in paragraph (g) of this AD. Material Incorporated by Reference Under 1 CFR Part 51 ANAC AD 2023–06–01R1 specifies procedures for repetitive general visual inspections of the press-fitted bushings of the left-hand (LH) and right-hand (RH) wing ailerons for migration and broken sealant; repetitive detailed inspections to measure the distance between the LH and RH wing aileron surfaces and hinge fittings; repetitive functional checks of the backlash of the LH and RH wing aileron control system; and applicable related investigative and corrective actions. The related investigative actions include a detailed inspection of the torque values of the attachment parts on the LH and RH wing aileron surfaces; a general visual inspection of the press-fitted bushings on the LH and RH aileron surfaces, as applicable, for damage (i.e., elongation, scratches, and nicks) and rotation or migration (i.e., gap between the bushing flange and lug, or broken sealant around the bushing); a general visual inspection of the sliding bushings of the LH and RH aileron surfaces, as applicable, for damage (i.e., scratches, steps, and dents) and migration of the press-fitted bushing pair; a detailed inspection to measure the outer diameter of the sliding bushings; a detailed inspection to check the inner diameter of the 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 cotter pins on the bolts and nuts of the attachment parts on the LH and RH wing aileron surfaces, and replacing the bearings and press-fitted and sliding bushings. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. Requirements of This AD This AD requires accomplishing the actions specified in ANAC AD 2023– 06–01R1 described previously, except for any differences identified as exceptions in the regulatory text of this AD. Explanation of Required Compliance Information In the FAA’s ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, ANAC AD 2023–06– 01R1 is incorporated by reference in this AD. This AD requires compliance with ANAC AD 2023–06–01R1 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Material required by ANAC AD 2023– 06–01R1 for compliance will be available at regulations.gov under Docket No. FAA–2024–2551 after this AD is published. FAA’s Justification and Determination of the Effective Date Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ‘‘good cause,’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. There are currently no domestic operators of these products. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b). In addition, for the foregoing reasons, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days. Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance Currently, there are no affected U.S.registered airplanes. For any affected airplane that is imported and placed on the U.S. Register in the future, the FAA provides the following cost estimates to comply with this AD: khammond on DSK9W7S144PROD with RULES ESTIMATED COSTS FOR REQUIRED ACTIONS Parts cost Labor cost Up to 8 work-hours × $85 per hour = $680 ............................................................................................ The FAA estimates the following costs to do any necessary on-condition VerDate Sep<11>2014 15:48 Jan 13, 2025 Jkt 265001 actions that would be required based on the results of any required actions. The PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Cost per product $0 Up to $680. FAA has no way of determining the E:\FR\FM\14JAR1.SGM 14JAR1 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 2925 number of aircraft that might need these on-condition actions: ESTIMATED COSTS OF ON-CONDITION ACTIONS Parts cost Labor 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. 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. khammond on DSK9W7S144PROD with RULES 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: ■ VerDate Sep<11>2014 15:48 Jan 13, 2025 Jkt 265001 Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive (AD) 2023–23–10, Amendment 39– 22612 (88 FR 83817, December 1, 2023); and ■ b. Adding the following new AD: ■ ■ 2024–25–04 Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.): Amendment 39–22906; Docket No. FAA–2024–2551; Project Identifier MCAI–2024–00346–T. (a) Effective Date This airworthiness directive (AD) is effective January 29, 2025. (b) Affected ADs This AD replaces AD 2023–23–10, Amendment 39–22612 (88 FR 83817, December 1, 2023) (AD 2023–23–10). (c) Applicability This AD applies to all Embraer S.A. (Type Certificate previously held by Yaborã Indústria Aeronáutica 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. $500 Cost per product Up to $2,370. (h) Exceptions to ANAC AD 2023–06–01R1 (1) Where ANAC AD 2023–06–01R1 refers to ‘‘May 16, 2023, the effective date of the original issue of this AD,’’ this AD requires using January 25, 2024 (the effective date of AD 2023–23–10). (2) Where paragraph (b)(1) of ANAC AD 2023–06–01R1 specifies to ‘‘carry out the inspections and the FNC of the airplane aileron control system backlash, as follows,’’ this AD requires replacing that text with ‘‘carry out the inspections and the FNC of the airplane aileron control system backlash specified in paragraphs (b)(2), (b)(3), and (b)(4) of this AD.’’ (3) Where paragraph (b)(3) of ANAC AD 2023–06–01R1 specifies to ‘‘measure de distances,’’ this AD requires replacing that text with ‘‘measure the distances.’’ (4) All applicable related investigative and corrective actions specified in paragraphs (b)(4)(iii) and (b)(4)(iii)(a) of ANAC AD 2023– 06–01R1 must be done before the next flight after the functional check of the left-hand (LH) and right-hand (RH) wing aileron control system. (5) All applicable related investigative actions and corrective actions specified in paragraphs (c)(4)(ii), (c)(4)(iii), and (c)(4)(iii)(a), and (c)(4)(iii)(b) of ANAC AD 2023–06–01R1 must be done before the next flight after the detailed inspection on the LH and RH removed aileron surface, as applicable. (6) Where paragraph (d) of ANAC AD 2023–06–01R1 specifies to repeat the inspections ‘‘at each 5,500 FH,’’ this AD requires replacing that text with ‘‘at intervals not to exceed 5,500 FH.’’ (7) Where ANAC AD 2023–06–01R1 refers to its effective date, this AD requires using the effective date of this AD. (8) This AD does not adopt paragraph (f) of ANAC AD 2023–06–01R1. (9) Although the service information specified in ANAC AD 2023–06–01R1 specifies returning certain parts the manufacturer, this AD does not include that requirement. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (i) No Reporting Requirement Although the material referenced in ANAC AD 2023–06–01R1 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (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, Agência Nacional de Aviação Civil ANAC AD 2023–06–01R1, effective June 17, 2024 (ANAC AD 2023–06– 01R1). (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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1 khammond on DSK9W7S144PROD with RULES 2926 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, send it to the attention of the person identified in paragraph (k) of this AD and email to: AMOC@faa.gov. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or ANAC; or ANAC’s authorized Designee. If approved by the ANAC Designee, the approval must include the Designee’s authorized signature. (3) Required for Compliance (RC): Except as specified by paragraph (j)(2) of this AD: For material that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(3)(i) and (ii) of this AD apply. (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures. (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition. 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. (k) Additional Information For more information about this AD, contact Krista Greer, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 206–231–3221; email: krista.greer@faa.gov. SUMMARY: (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Agência Nacional de Aviação Civil (ANAC) AD 2023–06–01R1, effective June 17, 2024. (ii) [Reserved] (3) For ANAC material identified in this AD, contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230—Centro Empresarial Aquarius—Torre B—Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246–190—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. (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 VerDate Sep<11>2014 15:48 Jan 13, 2025 Jkt 265001 Issued on January 6, 2025. Suzanne Masterson, Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service. [FR Doc. 2025–00387 Filed 1–13–25; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–2550; Project Identifier MCAI–2024–00345–T; Amendment 39–22903; AD 2024–25–01] 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 superseding Airworthiness Directive (AD) 2023–23– 09, which applied to all Embraer S.A. Model ERJ 190–400 airplanes. AD 2023– 23–09 required repetitive inspections of the press-fitted bushings of the wing ailerons for migration and broken sealant, measurements of the distance between the aileron surfaces and hinge fittings, functional checks of the backlash of the wing aileron control system, and all applicable related investigative and corrective actions. Since the FAA issued AD 2023–23–09, it was determined that certain requirements needed to be clarified. This AD continues to require all actions of ANAC AD 2023–05–02 with revised compliance requirements, 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 January 29, 2025. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 29, 2025. The FAA must receive comments on this AD by February 28, 2025. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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–2024–2550; 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 identified in this AD, contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230— Centro Empresarial Aquarius—Torre B—Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246–190—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–2024–2550. FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 206–231– 3221; email: krista.greer@faa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA– 2024–2550; Project Identifier MCAI– 2024–00345–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any E:\FR\FM\14JAR1.SGM 14JAR1

Agencies

[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Rules and Regulations]
[Pages 2923-2926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00387]



[[Page 2923]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2551; Project Identifier MCAI-2024-00346-T; 
Amendment 39-22906; AD 2024-25-04]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. (Type Certificate 
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
S.A.; Embraer S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-23-
10, which applied to all Embraer S.A. Model ERJ 190-300 airplanes. AD 
2023-23-10 required repetitive inspections of the press-fitted bushings 
of the wing ailerons for migration and broken sealant, measurements of 
the distance between the aileron surfaces and hinge fittings, 
functional checks of the backlash of the wing aileron control system, 
and all applicable related investigative and corrective actions. Since 
the FAA issued AD 2023-23-10, it was determined that certain 
requirements needed to be clarified. This AD continues to require all 
actions of ANAC AD 2023-06-01 with revised compliance requirements, as 
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD, which is incorporated by reference. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective January 29, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 29, 
2025.
    The FAA must receive comments on this AD by February 28, 2025.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     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-2024-2551; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For ANAC material identified in this AD, contact ANAC, 
Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando 
Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 14 
a 18, Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o 
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email 
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-2024-2551.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety 
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 
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 ``Docket No. FAA-2024-2551; Project 
Identifier MCAI-2024-00346-T'' at the beginning of your comments. The 
most helpful comments reference a specific portion of the final rule, 
explain the reason for any recommended change, and include supporting 
data. The FAA will consider all comments received by the closing date 
and may amend this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
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, 2200 South 216th Street, Des 
Moines, WA 98198; phone: 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

    The FAA issued AD 2023-23-10, Amendment 39-22612 (88 FR 83817, 
December 1, 2023) (AD 2023-23-10), for all Embraer S.A. Model ERJ 190-
300 airplanes. AD 2023-23-10 was prompted by an MCAI originated by 
ANAC, which is the aviation authority for Brazil. ANAC issued AD 2023-
06-01, effective June 16, 2023 (ANAC AD 2023-06-01), to correct an 
unsafe condition.
    AD 2023-23-10 required repetitive inspections of the press-fitted 
bushings of the wing ailerons for migration and broken sealant, 
measurements of the distance between the aileron surfaces and hinge 
fittings, functional checks of the backlash of the wing aileron control 
system, and all applicable related investigative and corrective 
actions, which is incorporated by reference. The FAA issued AD 2023-23-
10 to address a limit cycle oscillation phenomenon, which could expose 
the surrounding structure and systems to unacceptable vibration levels 
and reduce the airplane controllability.

Actions Since AD 2023-23-10 Was Issued

    Since the FAA issued AD 2023-23-10, ANAC superseded ANAC AD 2023-
06-01 and issued ANAC AD 2023-06-01R1, effective June 17, 2024 (ANAC AD 
2023-06-01R1) (also referred to as the MCAI), to correct an unsafe 
condition for all Embraer S.A. Model ERJ 190-300 airplanes. The MCAI 
states that the

[[Page 2924]]

compliance paragraph was changed. The changes clarify that 
discrepancies found during any inspection must be corrected 
immediately, without any additional intervening actions.
    The FAA is issuing this AD to address wear on the wing hinge 
bearing assembly of the aileron surfaces that could lead to excessive 
backlash. If not addressed, this backlash could result in a limit cycle 
oscillation phenomenon exposing the surrounding structure and systems 
to unacceptable vibration levels and reducing the airplane 
controllability. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2024-2551.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2023-06-01, this AD retains all of the requirements of AD 2023-06-01. 
Those requirements are referenced in ANAC AD 2023-06-01R1, which, in 
turn, is referenced in paragraph (g) of this AD.

Material Incorporated by Reference Under 1 CFR Part 51

    ANAC AD 2023-06-01R1 specifies procedures for repetitive general 
visual inspections of the press-fitted bushings of the left-hand (LH) 
and right-hand (RH) wing ailerons for migration and broken sealant; 
repetitive detailed inspections to measure the distance between the LH 
and RH wing aileron surfaces and hinge fittings; repetitive functional 
checks of the backlash of the LH and RH wing aileron control system; 
and applicable related investigative and corrective actions. The 
related investigative actions include a detailed inspection of the 
torque values of the attachment parts on the LH and RH wing aileron 
surfaces; a general visual inspection of the press-fitted bushings on 
the LH and RH aileron surfaces, as applicable, for damage (i.e., 
elongation, scratches, and nicks) and rotation or migration (i.e., gap 
between the bushing flange and lug, or broken sealant around the 
bushing); a general visual inspection of the sliding bushings of the LH 
and RH aileron surfaces, as applicable, for damage (i.e., scratches, 
steps, and dents) and migration of the press-fitted bushing pair; a 
detailed inspection to measure the outer diameter of the sliding 
bushings; a detailed inspection to check the inner diameter of the 
press-fitted bushings of certain aileron fittings; measurement of the 
outer diameters of the mating sliding bushing and bolt shank; and an 
operational check of the aileron control system, or a rigging procedure 
and deflection check, as applicable. The corrective actions include 
retorquing the nuts and installing cotter pins on the bolts and nuts of 
the attachment parts on the LH and RH wing aileron surfaces, and 
replacing the bearings and press-fitted and sliding bushings. This 
material is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in ANAC AD 
2023-06-01R1 described previously, except for any differences 
identified as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
ANAC AD 2023-06-01R1 is incorporated by reference in this AD. This AD 
requires compliance with ANAC AD 2023-06-01R1 in its entirety through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this AD. Material required by ANAC AD 2023-
06-01R1 for compliance will be available at regulations.gov under 
Docket No. FAA-2024-2551 after this AD is published.

FAA's Justification and Determination of the Effective Date

    Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 
551 et seq.) authorizes agencies to dispense with notice and comment 
procedures for rules when the agency, for ``good cause,'' finds that 
those procedures are ``impracticable, unnecessary, or contrary to the 
public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are currently no domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b). In addition, for the 
foregoing reasons, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. For any 
affected airplane that is imported and placed on the U.S. Register in 
the future, the FAA provides the following cost estimates to comply 
with this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
Up to 8 work-hours x $85 per hour               $0  Up to $680.
 = $680.
------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any 
required actions. The FAA has no way of determining the

[[Page 2925]]

number of aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
Up to 22 work-hours x $85 per hour            $500  Up to $2,370.
 = $1,870.
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2023-23-10, Amendment 39-22612 
(88 FR 83817, December 1, 2023); and
0
b. Adding the following new AD:

2024-25-04 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.): Amendment 39-22906; Docket No. FAA-2024-2551; Project 
Identifier MCAI-2024-00346-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 29, 2025.

(b) Affected ADs

    This AD replaces AD 2023-23-10, Amendment 39-22612 (88 FR 83817, 
December 1, 2023) (AD 2023-23-10).

 (c) Applicability

    This AD applies to all Embraer S.A. (Type Certificate previously 
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; 
Embraer S.A.) Model ERJ 190-300 airplanes, certificated in any 
category.

 (d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

 (e) Unsafe Condition

    This AD was prompted by a report of unexpected wear on the wing 
hinge bearing assembly of the aileron surfaces found during the 
functional test of the aileron control system backlash. The FAA is 
issuing this AD to address wear on the wing hinge bearing assembly 
of the aileron surfaces that could lead to excessive backlash. The 
unsafe condition, if not addressed, could result in a limit cycle 
oscillation phenomenon exposing the surrounding structure and 
systems to unacceptable vibration levels and reducing the airplane 
controllability.

 (f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

 (g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil ANAC AD 2023-06-01R1, effective June 17, 2024 (ANAC AD 2023-
06-01R1).

 (h) Exceptions to ANAC AD 2023-06-01R1

    (1) Where ANAC AD 2023-06-01R1 refers to ``May 16, 2023, the 
effective date of the original issue of this AD,'' this AD requires 
using January 25, 2024 (the effective date of AD 2023-23-10).
    (2) Where paragraph (b)(1) of ANAC AD 2023-06-01R1 specifies to 
``carry out the inspections and the FNC of the airplane aileron 
control system backlash, as follows,'' this AD requires replacing 
that text with ``carry out the inspections and the FNC of the 
airplane aileron control system backlash specified in paragraphs 
(b)(2), (b)(3), and (b)(4) of this AD.''
    (3) Where paragraph (b)(3) of ANAC AD 2023-06-01R1 specifies to 
``measure de distances,'' this AD requires replacing that text with 
``measure the distances.''
    (4) All applicable related investigative and corrective actions 
specified in paragraphs (b)(4)(iii) and (b)(4)(iii)(a) of ANAC AD 
2023-06-01R1 must be done before the next flight after the 
functional check of the left-hand (LH) and right-hand (RH) wing 
aileron control system.
    (5) All applicable related investigative actions and corrective 
actions specified in paragraphs (c)(4)(ii), (c)(4)(iii), and 
(c)(4)(iii)(a), and (c)(4)(iii)(b) of ANAC AD 2023-06-01R1 must be 
done before the next flight after the detailed inspection on the LH 
and RH removed aileron surface, as applicable.
    (6) Where paragraph (d) of ANAC AD 2023-06-01R1 specifies to 
repeat the inspections ``at each 5,500 FH,'' this AD requires 
replacing that text with ``at intervals not to exceed 5,500 FH.''
    (7) Where ANAC AD 2023-06-01R1 refers to its effective date, 
this AD requires using the effective date of this AD.
    (8) This AD does not adopt paragraph (f) of ANAC AD 2023-06-
01R1.
    (9) Although the service information specified in ANAC AD 2023-
06-01R1 specifies returning certain parts the manufacturer, this AD 
does not include that requirement.

 (i) No Reporting Requirement

    Although the material referenced in ANAC AD 2023-06-01R1 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

 (j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19.

[[Page 2926]]

In accordance with 14 CFR 39.19, send your request to your principal 
inspector or responsible Flight Standards Office, as appropriate. If 
sending information directly to the manager of the International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k) of this AD and email to: [email protected].
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If 
approved by the ANAC Designee, the approval must include the 
Designee's authorized signature.
    (3) Required for Compliance (RC): Except as specified by 
paragraph (j)(2) of this AD: For material that contains steps that 
are labeled as Required for Compliance (RC), the provisions of 
paragraphs (j)(3)(i) and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted 
methods in accordance with the operator's maintenance or inspection 
program without obtaining approval of an AMOC, provided the RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

 (k) Additional Information

    For more information about this AD, contact Krista Greer, 
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, 
WA 98198; phone: 206-231-3221; email: [email protected].

 (l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-06-01R1, effective June 17, 2024.
    (ii) [Reserved]
    (3) For ANAC material identified in this AD, contact ANAC, 
Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando 
Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 
14 a 18, Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o 
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; 
email: 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.
    (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 January 6, 2025.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2025-00387 Filed 1-13-25; 8:45 am]
BILLING CODE 4910-13-P


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