Airworthiness Directives; Yaborã Indústria Aeronáutica S.A. (Type Certificate Previously Held by Embraer S.A.) Airplanes

[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17521-17524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07010]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0253; Project Identifier MCAI-2021-00220-T; 
Amendment 39-21491; AD 2021-07-14]
RIN 2120-AA64


Airworthiness Directives; Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type Certificate Previously Held by 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 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model EMB-135 
and EMB-145 airplanes. This AD was prompted by a report involving 
disconnection of a side arm strut from the right main landing gear 
(MLG); a subsequent investigation found that the side arm strut lower 
bearing was installed inverted on the airplane. This AD requires doing 
a general visual inspection of the right and left MLG to verify certain 
conditions and doing all applicable on-condition 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 becomes effective April 20, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 20, 
2021.
    The FAA must receive comments on this AD by May 20, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
the 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, Tel: 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 find this IBR material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may also view this 
IBR 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 on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0253.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0253; 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, any comments received, and other information. The street 
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Ho-Joon Lim, Aerospace Engineer, Large 
Aircraft Section, International Validation Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3405; email 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2021-02-02, effective February 26, 2021; corrected February 26, 
2021 (ANAC AD 2021-02-02) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI); to correct an unsafe condition 
for all Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model 
EMB-135 and EMB-145 airplanes. Model EMB-145EU, -145LU, and -145MK 
airplanes (which are included in the MCAI applicability) are not 
certificated by the FAA and are not included on the U.S. type 
certificate data sheet; this AD therefore does not include those 
airplanes in the applicability.
    This AD was prompted by a report involving disconnection of a side 
arm

[[Page 17522]]

strut from the right MLG; a subsequent investigation found that the 
side arm strut lower bearing was installed inverted on the airplane. 
Further inspections found more instances of inverted installations on 
other airplanes as well as other improper installations (e.g., damaged 
or missing sealant, or grease fittings incorrectly installed). The FAA 
is issuing this AD to address disconnection of the MLG side arm strut, 
which could prevent the MLG from being locked in the down position and 
possibly lead to loss of control of the airplane during take-off and 
landing. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2021-02-02 specifies procedures for doing a general visual 
inspection of the right and left MLG to verify the following: That the 
grease fittings are installed on the same side of the MLG lower side 
arm and the fittings are facing the flight direction, that the flanges 
of the MLG side arm bearings are facing the flight direction, and that 
there is no migration of the MLG side arm bearings. ANAC AD 2021-02-02 
also specifies procedures for applicable on-condition actions, 
including replacing the MLG lower side arm and the MLG side arm 
bearings with serviceable parts, and reinstalling the MLG lower side 
arm and the MLG bearing in the correct position. 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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA evaluated 
all pertinent information and determined the unsafe condition exists 
and 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 
2021-02-02 described previously, as incorporated by reference, 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 initially worked with Airbus and the European Union 
Aviation Safety Agency (EASA) to develop a process to use certain EASA 
ADs as the primary source of information for compliance with 
requirements for corresponding FAA ADs. The FAA has since coordinated 
with other manufacturers and civil aviation authorities (CAAs) to use 
this process. As a result, ANAC AD 2021-02-02 is incorporated by 
reference in this final rule. This AD, therefore, requires compliance 
with ANAC AD 2021-02-02 in its entirety, through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this AD. Service information specified in ANAC AD 2021-02-02 
that is required for compliance with ANAC AD 2021-02-02 is available on 
the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0253.

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.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because disconnection of the MLG side arm strut could prevent the MLG 
from being locked in the down position and possibly lead to loss of 
control of the airplane during take-off and landing. Accordingly, 
notice and opportunity for prior public comment are impracticable and 
contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0253; Project Identifier MCAI-
2021-00220-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 Ho-Joon 
Lim, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3405; 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.

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

[[Page 17523]]

without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 304 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................              $0              $85          $25,840
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the on-condition reporting requirement in this AD. The 
average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting the inspection results on U.S. 
operators to be $25,840, or $85 per product.
    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
------------------------------------------------------------------------
6 work-hours x $85 per hour = $510....      $14,532.32       $15,042.32
------------------------------------------------------------------------

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 currently 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 be 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, 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

    The FAA determined that 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.

Adoption of 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:

2021-07-14 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
21491; Docket No. FAA-2021-0253; Project Identifier MCAI-2021-00220-
T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective April 20, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. Model EMB-135BJ, -135ER, -135KE, -135KL, -
135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Main landing 
gear.

(e) Reason

    This AD was prompted by a report involving disconnection of a 
side arm strut from the right main landing gear (MLG); a subsequent 
investigation found that the side arm strut lower bearing was 
installed inverted on the airplane. The FAA is issuing this AD to 
address disconnection of the MLG side arm strut, which could prevent 
the MLG from being locked in the down position and

[[Page 17524]]

possibly lead to loss of control of the airplane during take-off and 
landing.

(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 2021-02-02, effective February 26, 2021; corrected 
February 26, 2021 (ANAC AD 2021-02-02).

(h) Exceptions to ANAC AD 2021-02-02

    (1) Where ANAC AD 2021-02-02 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of 
ANAC AD 2021-02-02 does not apply to this AD.
    (3) Paragraph (c) of ANAC AD 2021-02-02 specifies to report 
inspection results to ANAC and Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. within a certain compliance time. For this 
AD, report inspection results only if any discrepancies (i.e., 
positioning of the grease fittings is incorrect, installation of the 
bearings are inverted, bearings have migrated) are found at the 
applicable time specified in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspections were done on or after the effective date 
of this AD: Submit the report within 10 days after the inspection.
    (ii) If the inspections were done before the effective date of 
this AD: Submit the report within 10 days after the effective date 
of this AD.
    (4) Where figure 2 of ANAC AD 2021-02-02 specifies an ``arrow 
indication,'' this AD allows installation of all spherical bearings 
with arrows missing and/or with evidence of spherical bearing 
rotation (arrows misaligned with the MLG lower side arm center 
line), provided that the spherical bearings are original equipment 
manufacturer (OEM) units.
    (5) Where paragraph (a) of ANAC AD 2021-02-02 states to ``refer 
to'' certain airplane maintenance manual (AMM) and component 
maintenance manual (CMM) procedures for removal and installation of 
the MLG lower side arm and the MLG side arm bearings, this AD 
requires those AMM and CMM procedures. Therefore, those actions must 
be done in accordance with the applicable AMM and CMM procedures 
specified in ANAC AD 2021-02-02.

(i) Other FAA 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 Ho-Joon Lim, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3405; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 2021-02-02, effective February 26, 2021; corrected February 26, 
2021.
    (ii) [Reserved]
    (3) For ANAC AD 2021-02-02, contact the 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, Tel: 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 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. This material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0253.
    (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 March 25, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-07010 Filed 4-1-21; 11:15 am]
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