[Federal Register Volume 87, Number 92 (Thursday, May 12, 2022)]
[Rules and Regulations]
[Pages 29027-29030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10143]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0466; Project Identifier MCAI-2021-00572-T; 
Amendment 39-22025; AD 2022-09-05]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 190-300, and -400 airplanes. This AD was 
prompted by a report of premature failures of the alternating current 
motor pump (ACMP) 3A at hydraulic system #3 due to excessive wear of 
the ACMP tail bearing. This AD requires repetitive replacement of the 
hydraulic system ACMP 3A having a certain part number with a 
serviceable part, as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil

[[Page 29028]]

(ANAC) AD, which is incorporated by reference. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD becomes effective May 27, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 27, 
2022.
    The FAA must receive comments on this AD by June 27, 2022.

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 https://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) 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 [email protected]; internet www.anac.gov.br/en/. You may find 
this IBR material on the ANAC website at https://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 in the AD 
docket at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2022-0466.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0466; 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 AD, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3221; 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2022-0466; Project Identifier MCAI-
2021-00572-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 
https://www.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, Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3221; [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 ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2021-05-01, effective May 14, 2021 (ANAC AD 2021-05-01) (also 
referred to as the MCAI), to correct an unsafe condition for certain 
Embraer S.A. Model ERJ 190-300, and -400 airplanes.
    This AD was prompted by a report of premature failures of the ACMP 
3A at hydraulic system #3 due to excessive wear of the ACMP tail 
bearing. Excessive wear, if allowed to progress, increases the 
probability of ACMP failures. The FAA is issuing this AD to address 
excessive wear of the ACMP tail bearing, which could lead to loss of 
hydraulic system #3 and affect the electrical power distribution 
system. This condition, in combination with an independent failure in 
one engine, could cause loss of control of the airplane. See the MCAI 
for additional background information.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2021-05-01 specifies procedures for repetitive replacement 
of the hydraulic system ACMP 3A having part number (P/N) 3033041-101 
with a serviceable part. 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 
described 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 
2021-05-01 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA)

[[Page 29029]]

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 2021-05-
01 is incorporated by reference in this AD. This AD requires compliance 
with ANAC AD 2021-05-01 in its entirety through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this AD. Service information required by ANAC AD 2021-05-01 for 
compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0466 after this AD is 
published.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
forgoing reason(s), the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

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

Costs of Compliance

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

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....            * $0             $170
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* The FAA has received no definitive data on which to base the parts
  cost estimate.

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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:

2022-09-05 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.): Amendment 
39-22025; Docket No. FAA-2022-0466; Project Identifier MCAI-2021-
00572-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 27, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. (Type Certificate Previously 
Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.) 
Model ERJ 190-300, and -400 airplanes, certificated in any category, 
as identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD 2021-05-01, effective May 14, 2021 (ANAC AD 2021-05-
01).

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic 
power.

(e) Unsafe Condition

    This AD was prompted by a report of premature failures of the 
alternating current motor pump (ACMP) 3A at hydraulic system #3 due 
to excessive wear of the ACMP tail bearing. The FAA is issuing this 
AD to address excessive wear of the ACMP tail bearing, which could 
lead to loss of hydraulic system #3 and affect the electrical power 
distribution system. This condition, in combination with an 
independent failure in one engine, could cause loss of control of 
the airplane.

(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 2021-05-01.

[[Page 29030]]

(h) Exceptions to ANAC AD 2021-05-01

    (1) Where ANAC AD 2021-05-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Alternative methods of compliance (AMOCs)'' section of 
ANAC AD 2021-05-01 does not apply to this AD.
    (3) For the initial replacement required by paragraph (b) of 
ANAC AD 2021-05-01: If the accumulated flight hours on a hydraulic 
system ACMP 3A having part number 3033041-101 cannot be conclusively 
determined, this AD requires accomplishing that replacement within 
300 flight hours after the effective date of this AD.
    (4) Where paragraph (b) of ANAC AD 2021-05-01 specifies to 
repeat the replacement ``before the hydraulic system ACMP 3A with 
[part number] PN 3033041-101 accumulates 2,700 flight hours,'' for 
this AD use ``before the hydraulic system ACMP 3A with PN 3033041-
101 accumulates 2,700 flight hours since installation in the ACMP 3A 
position.''
    (5) Where Note 3 of ANAC AD 2021-05-01 specifies ``for the 
intent of this Airworthiness Directive, it is considered a 
serviceable ACMP 3A'' for this AD use ``for this AD a serviceable 
ACMP 3A is one listed in paragraphs (b)(i) through (iv) of ANAC AD 
2021-05-01.''

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it 
to the attention of the person 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, Large Aircraft 
Section, 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) Related Information

    For more information about this AD, contact Krista Greer, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3221; [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2021-05-01, effective May 14, 2021.
    (ii) [Reserved]
    (3) For ANAC AD 2021-05-01, contact National Civil Aviation 
Agency (ANAC), Aeronautical Products Certification Branch (GGCP), 
Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 
(12) 3203-6600; email: [email protected]; internet www.anac.gov.br/
en/. You may find this IBR material on the ANAC website at https://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 that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on April 14, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-10143 Filed 5-11-22; 8:45 am]
BILLING CODE 4910-13-P