[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Rules and Regulations]
[Pages 36461-36463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11813]



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 Rules and Regulations
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  Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Rules 
and Regulations  

[[Page 36461]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1045; Project Identifier MCAI-2022-01209-T; 
Amendment 39-22437; AD 2023-10-01]
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.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 190-300 and ERJ 190-400 airplanes. This 
AD was prompted by the excessive operation of certain elevator and 
rudder surfaces during manufacturing, causing damage and accelerating 
wear of internal parts of the power control units (PCUs). This AD 
requires replacement of the left-hand (LH) and right-hand (RH) elevator 
PCUs and lower and upper rudder PCUs, 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 June 20, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 20, 
2023.
    The FAA must receive comments on this AD by July 20, 2023.

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-2023-1045; 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 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; telephone 55 (12) 3203-6600; email anac.gov.br">[email protected]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-2023-1045.

FOR FURTHER INFORMATION CONTACT: Allison Buss, Aerospace Engineer, 
Americas Section, International Validation Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; phone 303-342-1090; 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-2023-1045; Project Identifier MCAI-
2022-01209-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 Allison 
Buss, Aerospace Engineer, Americas Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone 303-342-
1090; 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 2022-09-01, effective September 7, 2022 (ANAC AD 2022-09-01) (also 
referred to as the MCAI), to correct an unsafe condition for certain 
Embraer S.A. Model ERJ 190-300 and ERJ 190-400 airplanes. The MCAI 
states that during decontamination procedures on the Embraer 
manufacturing line, the

[[Page 36462]]

flight control system (FCS) surfaces were operated to make the 
hydraulic fluid circulate and send the contaminants to the filter 
manifolds. The elevator and rudder PCUs of the airplane were operated, 
when disengaged, during manufacturing line hydraulic decontamination 
procedures, which may have caused damage and could accelerate wear of 
internal parts of the PCUs. The accelerated wear in both PCUs of these 
flight control surfaces may leave them unprotected from aeroelastic 
phenomena and compromise the airplane's structural integrity under 
certain operational conditions.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1045.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-09-01 specifies procedures for replacement of the LH 
and RH elevator PCUs and lower and upper rudder PCUs with airworthy 
parts having the same part number.
    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 
described 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 
2022-09-01 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 2022-09-01 is incorporated by reference in this AD. This AD 
requires compliance with ANAC AD 2022-09-01 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 2022-09-01 for compliance will be available at regulations.gov under 
Docket No. FAA-2023-1045 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 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
------------------------------------------------------------------------
          Labor cost               Parts cost        Cost per product
------------------------------------------------------------------------
Up to 6 work-hours x $85 per              * $0   Up to $510.
 hour = $510.
------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost
  estimates for the parts specified in this AD.

    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.
    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.

[[Page 36463]]

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:

2023-10-01 S.A. (Type Certificate Previously Held by Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.) Airplanes: 
Amendment 39-22437; Docket No. FAA-2023-1045; Project Identifier 
MCAI-2022-01209-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 20, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A Model ERJ 190-300, and 190-400 
airplanes, certificated in any category, as identified in 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 2022-
09-01, effective September 7, 2022 (ANAC AD 2022-09-01).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by the excessive operation of certain 
elevator and rudder surfaces during manufacturing. The FAA is 
issuing this AD to address damage to internal parts of these PCUs, 
which can accelerate their wear. The unsafe condition, if not 
addressed, could leave the PCUs unprotected from aeroelastic 
phenomena, which can adversely affect aircraft structural integrity 
under certain operational conditions and compromise safety of 
flight.

(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 2022-09-01.

(h) Exceptions to ANAC AD 2022-09-01

    (1) Where ANAC AD 2022-09-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Alternative methods of compliance (AMOC)'' section of 
ANAC AD 2022-09-01 does not apply to this AD.

(i) 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 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, 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) Additional Information

    For more information about this AD, contact Allison Buss, 
Aerospace Engineer, Americas Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone 303 
342 1090; email [email protected].

(k) 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 2022-09-01, effective September 7, 2022.
    (ii) [Reserved]
    (3) For ANAC AD 2022-09-01, 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; telephone 55 
(12) 3203-6600; email: anac.gov.br">[email protected]anac.gov.br; internet anac.gov.br/en/. 
You may find this ANAC AD 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 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 May 10, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-11813 Filed 6-2-23; 8:45 am]
BILLING CODE 4910-13-P


