89 FR 224 pgs. 91541-91543 - Airworthiness Directives; Embraer S.A. Airplanes
Type: RULEVolume: 89Number: 224Pages: 91541 - 91543
Pages: 91541, 91542, 91543Docket number: [Docket No. FAA-2024-2426; Project Identifier MCAI-2024-00625-T; Amendment 39-22886; AD 2024-23-07]
FR document: [FR Doc. 2024-27254 Filed 11-18-24; 11:15 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2426; Project Identifier MCAI-2024-00625-T; Amendment 39-22886; AD 2024-23-07]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Final rule; request for comments.
SUMMARY:
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB-545 and EMB-550 airplanes. This AD was prompted by reports of corrosion, damage, and rupture on the down lock spring assemblies of the main landing gear (MLG) and nose landing gear (NLG). This AD requires inspecting for affected MLG and NLG down lock springs and replacing affected down lock springs, and prohibits the installation of affected parts, as specified in an Agência Nacional de Aviação 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 November 20, 2024.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 20, 2024.
The FAA must receive comments on this AD by January 6, 2025.
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.
• 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-2024-2426; 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 ANAC material identified 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-São José dos Campos-SP, Brazil; telephone 55 (12) 3203-6600; email 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 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-2024-2426.
FOR FURTHER INFORMATION CONTACT:
Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3653; email Hassan.M.Ibrahim@faa.gov.
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-2024-2426; Project Identifier MCAI-2024-00625-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 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 Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3653; email Hassan.M.Ibrahim@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
Background
[top] ANAC, which is the aviation authority for Brazil, has issued ANAC Emergency AD 2024-10-02, effective October 21, 2024 (ANAC Emergency 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-2024-2426.
Material Incorporated by Reference Under 1 CFR Part 51
ANAC Emergency AD 2024-10-02 specifies procedures for a general visual inspection for affected MLG and NLG down lock springs, and replacement of affected down lock springs. ANAC Emergency AD 2024-10-02 also prohibits the installation of affected down lock springs. 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 Emergency AD 2024-10-02 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 Emergency AD 2024-10-02 is incorporated by reference in this AD. This AD requires compliance with ANAC Emergency AD 2024-10-02 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Material required by ANAC Emergency AD 2024-10-02 for compliance will be available at regulations.gov under Docket No. FAA-2024-2426 after this AD is published.
Interim Action
The FAA considers that this AD is an interim action. If final action is later identified, the FAA might consider further rulemaking then.
Justification for Immediate Adoption 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 30 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 failure of the MLG and NLG down lock spring assemblies could cause a non-annunciated loss of down locking capability, which may collapse the MLG and the NLG structure during takeoff or landing. The compliance time in this AD is shorter than the time necessary for the public to comment and for publication of the final rule. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(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.
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
The FAA estimates that this AD affects 55 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:
| Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
|---|---|---|---|
| Up to 17 work-hours × $85 per hour = $1,445 | Up to $4,379 | Up to $5,824 | Up to $320,320. |
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.
[top] 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
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
1. The authority citation for part 39 continues to read as follows:
Authority:
49 U.S.C. 106(g), 40113, 44701.
§?39.13 [Amended]
2. The FAA amends §?39.13 by adding the following new airworthiness directive:
2024-23-07 Embraer S.A.: Amendment 39-22886; Docket No. FAA-2024-2426; Project Identifier MCAI-2024-00625-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 20, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-545 and EMB-550 airplanes, certificated in any category, as identified in Agência Nacional de Aviação Civil (ANAC) Emergency AD 2024-10-02, effective October 21, 2024 (ANAC Emergency AD 2024-10-02).
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing gear.
(e) Unsafe Condition
This AD was prompted by reports of corrosion, damage, and rupture on the down lock spring assemblies of the main landing gear (MLG) and nose landing gear (NLG), which, under specific load conditions on the ground, may compromise the locking and holding of the MLG and NLG in their correct kinematics positions. The FAA is issuing this AD to prevent failure of these down lock springs, which could cause a non-annunciated loss of down locking capability and result in collapse of the MLG and the NLG structure during takeoff or landing.
(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, ANAC Emergency AD 2024-10-02.
(h) Exceptions to ANAC Emergency AD 2024-10-02
(1) Where ANAC Emergency AD 2024-10-02 refers to its effective date, this AD requires using the effective date of this AD.
(2) Where Note 1 of ANAC Emergency AD 2024-10-02 defines a non-affected part 1 as "an airworthy part according to the applicable requirements and is not an affected part according to the (a)(1) paragraph of this EAD," for this AD replace that text with "an airworthy part that is not an affected part according to paragraph (a)(1) of this EAD."
(3) Where Note 2 of ANAC Emergency AD 2024-10-02 defines a non-affected part 2 as "an airworthy part according to the applicable requirements and is not an affected part according to the (a)(2) paragraph of this EAD," for this AD replace that text with "an airworthy part that is not an affected part according to paragraph (a)(2) of this EAD."
(4) This AD does not adopt paragraph (g) of ANAC Emergency AD 2024-10-02.
(i) Returning Parts Not Required
Although the material referenced in ANAC Emergency AD 2024-10-02 specifies to send removed parts 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: AMOC@faa.gov . 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 Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3653; email Hassan.M.Ibrahim@faa.gov.
(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.
(3) The following material was approved for IBR on November 20, 2024.
(i) Agência Nacional de Aviação Civil (ANAC) Emergency AD 2024-10-02, effective October 21, 2024.
(ii) [Reserved]
(4) For ANAC material identified 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-São José dos Campos-SP, Brazil; telephone 55 (12) 3203-6600; email: 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.
(5) 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.
(6) 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 fr.inspection@nara.gov.
Issued on November 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2024-27254 Filed 11-18-24; 11:15 am]
BILLING CODE 4910-13-P