[Federal Register Volume 87, Number 143 (Wednesday, July 27, 2022)]
[Rules and Regulations]
[Pages 45015-45018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16059]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0399; Project Identifier MCAI-2021-00983-T; 
Amendment 39-22083; AD 2022-12-11]
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.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 190-100 ECJ airplanes. This AD was 
prompted by a determination that new or more restrictive airworthiness 
limitations are necessary and that some life limits on some components 
used on the main landing gear (MLG) may not be properly controlled, due 
to interchanging those parts between airplane models with different 
operational loads during repair or overhaul. This AD requires revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations; 
reviewing maintenance records of the MLG assemblies to determine if any 
life-limited item has been replaced and reporting those findings; and 
re-identifying the MLG assemblies and certain components; as specified 
in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, 
which is incorporated by reference. This AD also prohibits installing 
certain part numbers. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective August 31, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of August 31, 
2022.

ADDRESSES: 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

[[Page 45016]]

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 www.regulations.gov 
by searching for and locating Docket No. FAA-2022-0399.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching 
for and locating Docket No. FAA-2022-0399; or in person at Docket 
Operations between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays. The AD docket contains this final rule, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

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 [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    ANAC, which is the aviation authority for Brazil, has issued ANAC 
AD 2021-08-01, effective August 31, 2021 (ANAC AD 2021-08-01) (also 
referred to as the MCAI), to correct an unsafe condition for certain 
Embraer S.A. Model ERJ 190-100 ECJ airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Embraer S.A. 
Model ERJ 190-100 ECJ airplanes. The NPRM published in the Federal 
Register on April 8, 2022 (87 FR 20787). The NPRM was prompted by a 
determination that new or more restrictive airworthiness limitations 
are necessary and that some life limits on some components used on the 
MLG may not be properly controlled, due to interchanging those parts 
between airplane models with different operational loads during repair 
or overhaul. The NPRM proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations; reviewing maintenance 
records of the MLG assemblies to determine if any life-limited item has 
been replaced and reporting those findings; and re-identifying the MLG 
assemblies and certain components; as specified in ANAC AD 2021-08-01. 
The NPRM also proposed to prohibit installing certain part numbers.
    The FAA is issuing this AD to address potentially inadequate life 
limits on the MLG due to different operational loads, which could 
impact the structural integrity of the airplane. See the MCAI for 
additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from The Air Line Pilots Association, 
International (ALPA), who supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety requires adopting this AD as 
proposed. Except for minor editorial changes, this AD is adopted as 
proposed in the NPRM. None of the changes will increase the economic 
burden on any operator. Accordingly, the FAA is issuing this AD to 
address the unsafe condition on these products.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2021-08-01 specifies new or more restrictive airworthiness 
limitations for airplane structures and safe life limits; reviewing 
maintenance records of the MLG side stay assembly and the MLG shock 
strut assembly to determine if any life-limited item has been replaced 
and reporting those findings; and reidentifying certain part numbers of 
the MLG side stay assembly and the MLG shock strut assembly and their 
components. ANAC AD 2021-08-01 also specifies prohibiting the 
installation of certain part numbers. 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.

Interim Action

    The FAA considers this AD interim action. The inspection reports 
required by this AD will enable the manufacturer to gain better insight 
into the extent to which components have been interchanged between 
models and determine if additional actions are required to address the 
identified unsafe condition. Based on the result of the manufacturer's 
analyses, the FAA might consider further rulemaking

Costs of Compliance

    The FAA estimates that this AD affects 10 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate. Therefore, the agency estimates the average total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................              $0             $510           $5,100
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting and revising the existing maintenance or inspection
  program.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting on U.S. operators to be $850, or $85 per product.
    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.

[[Page 45017]]

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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:

2022-12-11 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.): Amendment 
39-22083; Docket No. FAA-2022-0399; Project Identifier MCAI-2021-
00983-T.

(a) Effective Date

    This airworthiness directive (AD) is effective August 31, 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 190-100 ECJ airplanes, certificated in any category, as 
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD 2021-08-01, effective August 31, 2021 (ANAC AD 2021-08-
01).

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 32, Landing Gear.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary and that some 
life limits on some structural parts used on the main landing gear 
(MLG) may not be properly controlled, due to interchanging those 
parts between airplane models with different operational loads 
during repair or overhaul. The FAA is issuing this AD to address 
potentially inadequate life limits on the MLG due to different 
operational loads, which could impact the structural integrity 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 2021-08-01.

(h) Exceptions to ANAC AD 2021-08-01

    (1) Where ANAC AD 2021-08-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The initial compliance time for doing the tasks specified in 
paragraph (a) of ANAC AD 2021-08-01 is no later than the applicable 
``life limit cycles'' specified in the service information 
referenced in ANAC AD 2021-08-01, or within 90 days after the 
effective date of this AD, whichever occurs later.
    (3) Paragraph (b) of ANAC AD 2021-08-01 specifies to report 
inspection results to Embraer within a certain compliance time. For 
this AD, report inspection results at the applicable time specified 
in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 90 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 90 days after the effective date 
of this AD.
    (4) The ``Alternative Method of Compliance (AMOC)'' section of 
ANAC AD 2021-08-01 does not apply to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed, unless they 
are approved as specified in paragraph (a) of ANAC AD 2021-08-01.

(j) 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 (k) of this 
AD. Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved

[[Page 45018]]

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.

(k) 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 [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2021-08-01, effective August 31, 2021.
    (ii) [Reserved]
    (3) For ANAC AD 2021-08-01, 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 
ANAC AD 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 10, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-16059 Filed 7-26-22; 8:45 am]
BILLING CODE 4910-13-P