80560 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1635; Project 

Identifier MCAI–2022–01579–T; Amendment 

39–22583; AD 2023–21–11] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

(Type Certificate Previously Held by 

Yabora ̃ Indu ́ stria Aerona ́utica S.A.; 

Embraer S.A.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Embraer S.A. Model ERJ 190–100 STD, 

–100 LR, –100 IGW, –200 STD, –200 LR, 

and –200 IGW airplanes. This AD was 

prompted by a determination that new 

or more restrictive airworthiness 

limitations are necessary and a 

determination by the design approval 

holder (DAH) that some structural 

elements are subject to widespread 

fatigue damage (WFD). This AD requires 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations, and for 

certain airplanes requires a structural 

modification of the wing lower skin 

panels, as specified in an Ageˆncia 

Nacional de Aviac ̧a ̃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 December 

26, 2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 26, 2023. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1635; 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 address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For material incorporated by 

reference 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—Sa ̃o Jose ́

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 

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 Street, 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 at 

regulations.gov under Docket No. FAA– 

2023–1635. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Bragg, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; telephone 817– 

222–5366; email joshua.k.bragg@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all Embraer S.A. Model ERJ 

190–100 STD, –100 LR, –100 IGW, –200 

STD, –200 LR, and –200 IGW airplanes. 

The NPRM published in the Federal 

Register on August 17, 2023 (88 FR 

55956). The NPRM was prompted by 

AD 2022–12–01, effective December 14, 

2022, issued by ANAC (ANAC AD 

2022–12–01), which is the aviation 

authority for Brazil (also referred to as 

the MCAI). The MCAI states that new or 

more restrictive airworthiness 

limitations have been developed to 

address structural fatigue. Additionally, 

an evaluation by the DAH indicated that 

some structural elements, particularly 

the wing lower skin stringers, are 

subject to WFD. A modification is 

needed before the wing lower skin panel 

reaches its structural modification point 

(SMP), and inspections are needed to 

preclude WFD. ANAC AD 2022–12–01 

specifies that it requires a modification 

of the wing lower skin panels that 

terminates the repetitive inspections 

required by ANAC AD 2019–06–01 

(which corresponds to FAA AD 2020– 

04–16, Amendment 39–19853 (85 FR 

18435, dated April 2, 2020)) (AD 2020– 

04–16). Accomplishment of the 

modification specified in this AD 

terminates the repetitive inspections 

required by paragraph (g) of AD 2020– 

04–16, for the airplanes identified in 

paragraph (a)(2) of ANAC AD 2022–12– 

01 only. 

In the NPRM, the FAA proposed to 

require revising the existing 

maintenance or inspection program, as 

applicable, to incorporate new or more 

restrictive airworthiness limitations, 

and for certain airplanes to require a 

structural modification of the wing 

lower skin panels, as specified in ANAC 

AD 2022–12–01. The FAA is issuing 

this AD to address cracking in principle 

structural elements. The unsafe 

condition, if not addressed, could result 

in reduced structural integrity of the 

airplane. 

You may examine the MCAI in the 

AD docket at regulations.gov under 

Docket No. FAA–2023–1635. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received no comments on 

the NPRM or on the determination of 

the cost to the public. 

Conclusion 

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 

reviewed the relevant data and 

determined that air safety requires 

adopting this AD as proposed. 

Accordingly, the FAA is issuing this AD 

to address the unsafe condition on this 

product. Except for minor editorial 

changes, this AD is adopted as proposed 

in the NPRM. None of the changes will 

increase the economic burden on any 

operator. 

Related Service Information Under 1 

CFR Part 51 

ANAC AD 2022–12–01 describes new 

or more restrictive airworthiness 

limitations for airplane structures. For 

certain airplanes, ANAC AD 2022–12– 

01 specifies procedures for the 

incorporation of a certain structural 

modification (i.e., reinforcement of lefthand (LH) and right-hand (RH) wing 

lower skin panels). 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. 

Costs of Compliance 

The FAA estimates that this AD 

affects 33 airplanes of U.S. registry. The 

FAA estimates the following costs to 

comply with this AD: 

The FAA has determined that revising 

the existing maintenance or inspection 


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Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 80561 

program takes an average of 90 workhours per operator, although the agency 

recognizes that this number may vary 

from operator to operator. Since 

operators incorporate maintenance or 

inspection program changes for their 

affected fleet(s), the FAA has 

determined that a per-operator estimate 

is more accurate than a per-airplane 

estimate. 

The FAA estimates the total cost per 

operator for the new revision to the 

existing maintenance or inspection 

program to be $7,650 (90 work-hours × 

$85 per work-hour). 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product Cost on U.S. operators 

Up to 569 work-hours × $85 per hour = $48,365 ........... Up to $280,825 .................. $329,190 Up to $10,863,270. 

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, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

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: 

2023–21–11 Embraer S.A. (Type Certificate 

Previously Held by Yabora ̃ Indu ́ stria 

Aerona ́utica S.A.; Embraer S.A.): 

Amendment 39–22583; Docket No. 

FAA–2023–1635; Project Identifier 

MCAI–2022–01579–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective December 26, 2023. 

(b) Affected ADs 

This AD affects AD 2020–04–16, 

Amendment 39–19853 (85 FR 18435, April 2, 

2020) (AD 2020–04–16). 

(c) Applicability 

This AD applies to all Embraer S.A. (Type 

Certificate previously held by Yabora ̃

Indu ́ stria Aerona ́utica S.A.; Embraer S.A.) 

Model ERJ 190–100 STD, –100 LR, –100 IGW, 

–200 STD, –200 LR, and –200 IGW airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code: 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by a determination 

that new or more restrictive airworthiness 

limitations are necessary and a determination 

by the design approval holder (DAH) that 

some structural elements are subject to 

widespread fatigue damage (WFD). The FAA 

is issuing this AD to address cracking in 

principle structural elements. The unsafe 

condition, if not addressed, could result in 

reduced structural integrity of the airplane. 

(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, Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) AD 2022–12–01, 

effective December 14, 2022 (ANAC AD 

2022–12–01). 

(h) Exceptions to ANAC AD 2022–12–01 

(1) Where ANAC AD 2022–12–01 refers to 

its effective date, this AD requires using the 

effective date of this AD. 

(2) The initial compliance time for doing 

the tasks specified in paragraph (b)(3) of 

ANAC AD 2022–12–01 is at the applicable 

‘‘threshold or interval’’ as incorporated by 

the requirements of paragraph (b)(3) of ANAC 

AD 2022–12–01, or within 30 days after the 

effective date of this AD, whichever occurs 

later. Where the service information 

referenced in ANAC AD 2022–12–01 does 

not specify a threshold, this AD requires 

using the applicable flight cycles (FC), flight 

hours (FH), or months (MO) identified as the 

interval as the threshold. The applicable FC, 

FH, and MO in the ‘‘T: Threshold I: Interval’’ 

column of the service information referenced 

in ANAC AD 2022–12–01 are as specified in 

paragraph (h)(2)(i) or (ii) of this AD: 

(i) For any task with an applicability that 

includes ‘‘POST–MOD SB,’’ use the specified 

number of FC, FH, or MO since 

accomplishment of the applicable service 

bulletin. 

(ii) For any task with an applicability that 

does not include ‘‘POST–MOD SB,’’ use total 

FC, total FH, or MO since issuance of the 

original airworthiness certificate or original 

export certificate of airworthiness, as 

applicable. 

(3) Table 01 and paragraph (c)(2) of ANAC 

AD 2022–12–01 specify a grace period. 

However, for this AD the grace period is as 

identified in Table 01 of ANAC AD 2022–12– 

01, except replace the text ‘‘within the next 

3,000 FC’’ with ‘‘within 3,000 FC after the 

effective date of this AD;’’ and replace the 

text ‘‘within the next 4,000 FH’’ with ‘‘within 

4,000 FH after the effective date of this AD.’’ 

(4) Where ANAC AD 2022–12–01 Table 01 

specifies a compliance time based on the 

accomplishment of certain service 

information, replace the text ‘‘the 

accomplishment of the Embraer SB No. 190– 

57–005, Revision 01, dated October 27, 

2006,’’ with ‘‘the accomplishment of Embraer 

SB 190–57–0005.’’ 

(5) This AD does not adopt the provisions 

specified in paragraph (e)(1) of ANAC AD 

2022–12–01. 


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80562 Federal Register / Vol. 88, No. 222 / Monday, November 20, 2023 / Rules and Regulations 

(i) Provisions for Alternative Actions, 

Intervals, and Critical Design Configuration 

Control Limitations (CDCCLs) 

After the existing maintenance or 

inspection program has been revised as 

required by paragraph (g) of this AD, no 

alternative actions (e.g., inspections), 

intervals, and CDCCLs are allowed unless 

they are approved as specified in the 

provisions of paragraph (f) of ANAC AD 

2022–12–01. 

(j) Terminating Action for AD 2020–04–16 

Accomplishing the actions required by this 

AD terminates the repetitive inspection 

requirements of paragraph (g) of AD 2020– 

04–16, for the airplanes identified in 

paragraph (a)(2) of ANAC AD 2022–12–01 

only. 

(k) 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 (l) of this AD or email to: 9-AVSAIR-730-AMOC@faa.gov. If mailing 

information, also submit information by 

email. 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. 

(3) Required for Compliance (RC): Except 

as required by paragraph (k)(2) of this AD, if 

any service information referenced in ANAC 

AD 2022–12–01 contains steps in the 

Accomplishment Instructions or figures that 

are labeled as RC, the instructions in RC 

steps, including subparagraphs under an RC 

step and any figures identified in an RC step, 

must be done to comply with this AD; any 

steps including substeps under those steps, 

that are not identified as RC are 

recommended. The instructions in steps, 

including substeps under those steps, not 

identified 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 instructions identified 

as RC can be done and the airplane can be 

put back in an airworthy condition. Any 

substitutions or changes to instructions 

identified as RC require approval of an 

AMOC. If a step or substep is labeled ‘‘RC 

Exempt,’’ then the RC requirement is 

removed from that step or substep. 

(l) Additional Information 

For more information about this AD, 

contact Joshua Bragg, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 216– 

316–6418; email joshua.k.bragg@faa.gov. 

(m) 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) Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD 2022–12–01, effective December 

14, 2022. 

(ii) [Reserved] 

(3) For ANAC AD 2022–12–01, 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—Sa ̃o 

Jose ́ dos Campos—SP, Brazil; telephone 55 

(12) 3203–6600; email pac@anac.gov.br; 

website anac.gov.br/en/. You may find this 

ANAC AD on the ANAC website: 

sistemas.anac.gov.br/certificacao/DA/ 

DAE.asp. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

Street, 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 fr.inspection@nara.gov. 

Issued on October 20, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–25495 Filed 11–17–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1414; Project 

Identifier MCAI–2023–00438–T; Amendment 

39–22593; AD 2023–22–09] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Airbus SAS Model A350–941 airplanes. 

This AD was prompted by a report that 

the axis index washers on the forward 

and rear main landing gear door hinges 

were found inverted in production. This 

AD requires a one-time detailed 

inspection of the axis index washers for 

correct installation, and, depending on 

findings, replacement of the axis index 

washers, as specified in a European 

Union Aviation Safety Agency (EASA) 

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 December 

26, 2023. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 26, 2023. 

ADDRESSES: 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1414; 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 address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

Material Incorporated by Reference: 

• For EASA material identified in this 

AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; 

telephone +49 221 8999 000; email 

ADs@easa.europa.eu; website 

easa.europa.eu. You may find this 

material on the EASA website 

ad.easa.europa.eu. 

• You may view this material at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th Street, 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 at 

regulations.gov under Docket No. FAA– 

2023–1414. 

FOR FURTHER INFORMATION CONTACT: Dat 

Le, Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 516–228–7317; 

email: dat.v.le@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to certain Airbus SAS Model 

A350–941 airplanes. The NPRM 

published in the Federal Register on 


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