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

[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Rules and Regulations]
[Pages 2926-2930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00423]


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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 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 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 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:
    <bullet> Federal eRulemaking Portal: Go to 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.
    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:
    <bullet> 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.
    <bullet> 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: [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-2024-2550; 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

[[Page 2927]]

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 2023-23-09, Amendment 39-22611 (88 FR 89286, 
December 27, 2023) (AD 2023-23-09), for all Embraer S.A. Model ERJ 190-
400 airplanes. AD 2023-23-09 was prompted by an MCAI originated by 
ANAC, which is the aviation authority for Brazil. ANAC issued AD 2023-
05-02R1, dated June 17, 2024 (ANAC AD 2023-05-02R1), to correct an 
unsafe condition.
    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, as specified in ANAC AD 2023-05-02, effective May 18, 2023, 
which was incorporated by reference in FAA AD 2023-23-09. The FAA 
issued AD 2023-23-09 to address a limit cycle oscillation phenomenon, 
which could expose the surrounding structure and systems to 
unacceptable vibration levels and reduce airplane controllability.

Actions Since AD 2023-23-09 Was Issued

    Since the FAA issued AD 2023-23-09, ANAC superseded ANAC AD 2023-
05-02 and issued ANAC AD 2023-05-02R1, effective June 17, 2024 (ANAC AD 
2023-05-02R1) (also referred to as the MCAI), to correct an unsafe 
condition for all Embraer S.A. Model ERJ 190-400 airplanes. The MCAI 
states that the 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 airplane controllability. 
You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2550.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2023-05-02, this AD retains all of the requirements of AD 2023-05-02. 
Those requirements are referenced in ANAC AD 2023-05-02R1, which, in 
turn, is referenced in paragraph (g) of this AD.

Material Incorporated by Reference Under 1 CFR Part 51

    ANAC AD 2023-05-02R1 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 
2023-05-02R1 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 2023-05-02R1 is incorporated by reference in this AD. This AD 
requires compliance with ANAC AD 2023-05-02R1 in its entirety through 
that incorporation, except for any differences identified as exceptions

[[Page 2928]]

in the regulatory text of this AD. Material required by ANAC AD 2023-
05-02R1 for compliance will be available at regulations.gov under 
Docket No. FAA-2024-2550 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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
Up to 8 work-hours x $85 per hour =                 $0             $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:
0
a. Removing Airworthiness Directive (AD) 2023-23-09, Amendment 39-22611 
(88 FR 89286, December 27, 2023); and
0
b. Adding the following new AD:

2024-25-01 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.): Amendment 39-22903; Docket No. FAA-2024-2550; Project 
Identifier MCAI-2024-00345-T.

(a) Effective Date

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

(b) Affected ADs

    This AD replaces AD 2023-23-09, Amendment 39-22611 (88 FR 89286, 
December 27, 2023) (AD 2023-23-09).

(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.

[[Page 2929]]

(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 airplane 
controllability.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraphs (h) and (i) 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 2023-05-02R1, effective June 17, 2024 (ANAC AD 2023-
05-02R1).

(h) Exceptions to ANAC AD 2023-05-02R1

    (1) Where ANAC AD 2023-05-02R1 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 2023-05-02R1 
with figure 1 to paragraph (h)(2) of this AD; and where paragraph 
(b)(1) of ANAC AD 2023-05-02R1 specifies ``the applicable intervals 
and limitations established in the `Table 01--Compliance intervals 
and limitations' of this AD,'' this AD requires using figure 1 to 
paragraph (h)(2) of this AD.
[GRAPHIC] [TIFF OMITTED] TR14JA25.002

    (3) Where paragraph (b)(3) of ANAC AD 2023-05-02R1 specifies to 
``measure de distances,'' this AD requires replacing those words 
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 
2023-05-02R1 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 specified in 
paragraph (c)(4)(ii) of ANAC AD 2023-05-02R1 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 2023-05-02R1 specifies to 
repeat the inspections ``at each 3,000 FH,'' this AD requires 
replacing that text with ``at intervals not to exceed 3,000 FH''; 
and where paragraph (d) of ANAC 2023-05-02R1 specifies performing 
subsequent inspections ``after 3000 FH,'' this AD requires replacing 
those words with ``within 3,000 FH.''
    (7) Where paragraph (d) of ANAC AD 2023-05-02R1 specifies to 
``Repeat the inspections and the actions required by the paragraphs 
(b) and (c) of this AD,'' this AD requires replacing that text with 
``Repeat the inspections required by paragraph (b) of this AD.''
    (8) Where paragraph (e) of ANAC AD 2023-05-02R1 specifies 
``since the airplane maintenance records clearly identify that the 
actions required by the paragraphs (b) and (c) of this AD have been 
complied with,'' this AD requires replacing that text with ``if the 
airplane maintenance records clearly identify that the actions 
required by paragraphs (b) and (c) of this AD, as applicable, have 
been complied with.''
    (9) This AD does not adopt paragraph (f) of ANAC AD 2023-05-
02R1.
    (10) Although the service information specified in ANAC AD 2023-
05-02R1 specifies returning certain parts the manufacturer, this AD 
does not include that requirement.

(i) No Reporting Requirement

    Although the material referenced in ANAC AD 2023-05-02R1 
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, 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

[[Page 2930]]

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 2023-05-02R1, 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. 2025-00423 Filed 1-13-25; 8:45 am]
BILLING CODE 4910-13-P

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