[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Rules and Regulations]
[Pages 89286-89290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28335]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2153; Project Identifier MCAI-2023-00688-T; 
Amendment 39-22611; AD 2023-23-09]
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.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Embraer S.A. Model ERJ 190-400 airplanes. This AD was prompted by a 
report of unexpected wear on the wing hinge bearing assembly of the 
aileron surfaces found during the functional test of the aileron 
control system backlash. This AD requires repetitive inspections of the 
press-fitted bushings of the wing ailerons for migration and broken 
sealant, measurements of the distance between the aileron surfaces and 
hinge fittings, functional checks of the backlash of the wing aileron 
control system, and all applicable related investigative and corrective 
actions, as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective January 11, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 11, 
2024.
    The FAA must receive comments on this AD by February 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 under 
Docket No. FAA-2023-2153; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact 
National Civil Aviation Agency (ANAC), Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, Brazil; phone 55 (12) 3203-6600; email anac.gov.br">pac@anac.gov.br; 
website anac.gov.br/en/. You may find this material on the ANAC website 
at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available at 
regulations.gov under Docket No. FAA-2023-2153.

FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 817-222-5366; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2023-2153; Project Identifier MCAI-
2023-00688-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

[[Page 89287]]

information as described in 14 CFR 11.35, the FAA will post all 
comments received, without change, to regulations.gov, including any 
personal information you provide. The agency will also post a report 
summarizing each substantive verbal contact received about this final 
rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Joshua 
Bragg, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 817-222-5366; email [email protected]. 
Any commentary that the FAA receives which is not specifically 
designated as CBI will be placed in the public docket for this 
rulemaking.

Background

    ANAC, which is the aviation authority for Brazil, has issued ANAC 
AD 2023-05-02, effective May 18, 2023 (ANAC AD 2023-05-02) (also 
referred to as the MCAI), to correct an unsafe condition for all 
Embraer S.A. Model ERJ 190-400 airplanes. The MCAI states unexpected 
wear, which was beyond the certification limits of the airplane, was 
found on the wing hinge bearing assembly of the aileron surfaces during 
the functional test of the aileron control system backlash. Excessive 
backlash may result in a limit cycle oscillation phenomenon exposing 
the surrounding structure and systems to unacceptable vibration levels 
and reducing the airplane controllability.
    ANAC has informed the FAA of corrections to ANAC AD 2023-05-02 that 
were issued in ANAC AD 2023-05-02, Errata, dated May 18, 2023. The FAA 
has included these corrections in paragraphs (h)(3) and (10) of this AD 
and has also addressed typographical errors in paragraphs (h)(4) and 
(5) of this AD.
    The FAA is issuing this AD to address the unsafe condition on these 
products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-2153.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2023-05-02 specifies procedures for repetitive general 
visual inspections of the press-fitted bushings of the left-hand (LH) 
and right-hand (RH) wing ailerons for migration and broken sealant; 
repetitive detailed inspections to measure the distance between the LH 
and RH wing aileron surfaces and hinge fittings; repetitive functional 
checks of the backlash of the LH and RH wing aileron control system; 
and applicable related investigative and corrective actions. The 
related investigative actions include a detailed inspection of the 
torque values of the attachments parts on the LH and RH wing aileron 
surfaces; a general visual inspection of the press-fitted bushings on 
the LH and RH aileron surfaces, as applicable, for damage (i.e., 
elongation, scratches, nicks) and rotation or migration (i.e., gap 
between the bushing flange and lug, or broken sealant around the 
bushing); a general visual inspection of the sliding bushings of the LH 
and RH aileron surfaces, as applicable, for damage (i.e., scratches, 
steps, and dents) and migration of the press-fitted bushing pair; a 
detailed inspection to measure the outer diameter of the sliding 
bushings; a detailed inspection to check the inner diameter of the 
press-fitted bushings of certain aileron fittings; measurement of the 
outer diameters of the mating sliding bushing and bolt shank; and an 
operational check of the aileron control system, or a rigging procedure 
and deflection check, as applicable. The corrective actions include 
retorquing the nuts and installing cotterpins on the bolts and nuts of 
the attachment parts on the LH and RH wing aileron surfaces; and 
replacing the bearings and press-fitted and sliding bushings.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in 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 
2023-05-02 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 2023-05-02 is incorporated by reference in this AD. This AD 
requires compliance with ANAC AD 2023-05-02 in its entirety through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this AD. Service information required by ANAC 
AD 2023-05-02 for compliance will be available at regulations.gov under 
Docket No. FAA-2023-2153 after this AD is published.

FAA's Justification and Determination of the Effective Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    There are currently no domestic operators of these products. 
Accordingly, notice and opportunity for prior public comment are 
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the 
forgoing reason(s), the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days.

Regulatory Flexibility Act (RFA)

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

[[Page 89288]]

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

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 22 work-hours x $85 per hour =              $500           $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 adding the following new airworthiness 
directive:

2023-23-09 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.): Amendment 39-22611; Docket No. FAA-2023-2153; Project 
Identifier MCAI-2023-00688-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 11, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Embraer S.A. (Type Certificate previously 
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; 
Embraer S.A.) Model ERJ 190-400 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 2023-05-02, effective May 18, 2023 (ANAC AD 2023-05-
02).

(h) Exceptions to ANAC AD 2023-05-02

    (1) Where ANAC AD 2023-05-02 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD requires replacing Table 01 of ANAC AD 2023-05-02 
with Figure 1 to paragraph (h)(2) of this AD; and where paragraph 
(b)(1) of ANAC AD 2023-05-02 specifies ``Within the applicable 
intervals and limitations established in the `Table 01--Compliance 
intervals and limitations' of this AD,'' this AD requires replacing 
those words with ``Within the applicable compliance time specified 
in `Table 01--Compliance Times for Initial Inspections' of this 
AD.''

Figure 1 to Paragraph (h)(2)

[[Page 89289]]

[GRAPHIC] [TIFF OMITTED] TR27DE23.000

    (3) Where paragraphs (b)(2) and (b)(2)(i) of ANAC AD 2023-05-02 
specify ``press-fitting bushings'' this AD requires replacing those 
words with ``press-fitted bushings.''
    (4) Where paragraphs (b)(2)(i) and (b)(3)(i) of ANAC AD 2023-05-
02 specify ``before the next flight, accomplish the paragraph (c) of 
this AD after to accomplish the paragraph (b)(4) of this AD'' as 
corrective actions for certain conditions, this AD requires 
replacing those words with ``before the next flight, accomplish 
paragraph (c) of this AD after accomplishing paragraph (b)(4) of 
this AD.''
    (5) Where paragraph (b)(3) of ANAC AD 2023-05-02 specifies to 
``measure de distances,'' this AD requires replacing those words 
with ``measure the distances.''
    (6) All applicable related investigative and corrective actions 
specified in paragraphs (b)(4)(iii) and (b)(4)(iii)(a) of ANAC AD 
2023-05-02 must be done before the next flight after the functional 
check of the left-hand (LH) and right-hand (RH) wing aileron control 
system.
    (7) All applicable related investigative actions specified in 
paragraph (c)(4)(ii) of ANAC AD 2023-05-02 must be done before the 
next flight after the detailed inspection on the LH and RH removed 
aileron surface, as applicable.
    (8) Where paragraph (d) of ANAC AD 2023-05-02 specifies to 
repeat the inspections ``at each 3,000 FH,'' this AD requires 
replacing those words with ``at intervals not to exceed 3,000 FH''; 
and where paragraph (d) of ANAC 2023-05-02 specifies performing 
subsequent inspections ``after 3000 FH,'' this AD requires replacing 
those words with ``within 3,000 FH.''
    (9) Where paragraph (d) of ANAC AD 2023-05-02 specifies to 
``Repeat the inspections and the actions required by the paragraphs 
(b) and (c) of this AD,'' this AD requires replacing those words 
with ``Repeat the inspections required by paragraph (b) of this 
AD.''
    (10) Where paragraph (e) of ANAC AD 2023-05-02 specifies ``the 
paragraphs (b) and (c) of this AD have been complied with'' this AD 
requires replacing those words with ``paragraphs (b) and (c) of this 
AD, as applicable, have been complied with.''
    (11) This AD does not adopt paragraph (f) of ANAC AD 2023-05-02.
    (12) Although the service information specified in ANAC AD 2023-
05-02 specifies returning certain parts the manufacturer, this AD 
does not include that requirement.

(i) No Reporting Requirement

    Although the service information in ANAC AD 2023-05-02 specifies 
to submit certain information to the manufacturer, this AD does not 
include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (k) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If 
approved by the ANAC Designee, the approval must include the 
Designee's authorized signature.

(k) Additional Information

    For more information about this AD, contact Joshua Bragg, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 817-222-5366; email 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-05-02, effective May 18, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-05-02, 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; phone 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

[[Page 89290]]

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 December 14, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-28335 Filed 12-26-23; 8:45 am]
BILLING CODE 4910-13-P