[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20787-20790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07472]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0399; Project Identifier MCAI-2021-00983-T]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. (Type Certificate 
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Embraer S.A. Model ERJ 190-100 ECJ airplanes. This proposed 
AD was prompted by a determination that new or more restrictive 
airworthiness limitations are necessary and that some life limits on 
some components used on the main landing gear (MLG) may not be properly 
controlled, due to interchanging those parts between airplane models 
with different operational loads during repair or overhaul. This 
proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations; reviewing maintenance records of 
the MLG assemblies to determine if any life-limited item has been 
replaced and reporting those findings; and re-identifying the MLG 
assemblies and certain components; as specified in an Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed 
for incorporation by reference. This proposed AD would also prohibit 
installing certain part numbers. The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by May 23, 
2022.

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 that will be incorporated by reference (IBR) 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 <a href="/cdn-cgi/l/email-protection#4e3e2f2d0e2f202f2d60292138602c3c"><span class="__cf_email__" data-cfemail="becedfddfedfd0dfdd90d9d1c890dccc">[email protected]</span></a>; 
internet www.anac.gov.br/en/. You may find this material on the ANAC 
website at https://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 in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0399.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0399; 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 NPRM, the 
mandatory continuing airworthiness information (MCAI), any comments 
received, and other information. The street address for Docket 
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3221; 
email <a href="/cdn-cgi/l/email-protection#6308110a1017024d0411060611230502024d040c15"><span class="__cf_email__" data-cfemail="412a33283235206f2633242433012720206f262e37">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-0399; Project Identifier 
MCAI-2021-00983-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Krista Greer, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone and fax 206-231-3221; email <a href="/cdn-cgi/l/email-protection#442f362d3730256a2336212136042225256a232b32"><span class="__cf_email__" data-cfemail="513a23382225307f3623343423113730307f363e27">[email protected]</span></a>. 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 ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2021-08-01, effective August 31, 2021 (ANAC AD 2021-08-01) 
(also referred to as the MCAI), to correct an unsafe condition for 
certain Embraer S.A. Model ERJ 190-100 ECJ airplanes.

[[Page 20788]]

    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary and that some life 
limits on some structural parts (components) used on the MLG may not be 
properly controlled, due to interchanging those parts between airplane 
models with different operational loads. Structural parts and life 
limited items used in commercial versions of Models ERJ 190-100 and ERJ 
190-200 airplanes are common to the ones used on Model ERJ 190-100 ECJ 
(Lineage 1000) airplanes. Although the MLG assemblies are not 
interchangeable between models, some components (e.g. pins and bolts) 
of the MLG assemblies can be exchanged between models; this exchange 
may have happened during repair or overhaul of an MLG assembly. While 
these models have similar designs, their usage is very different. Life 
limits for airplane parts are based on fatigue tests, which simulate 
typical usage for the airplane. These fatigue tests are based on the 
entire MLG assembly remaining the same, not on components of the MLG 
assembly being interchanged partway through the test. Since the 
operational loads are different for each airplane model, an adequate 
life limit may not be properly controlled in this scenario. Therefore, 
ANAC has determined that the MLG assemblies that cannot be interchanged 
must be re-identified for use only on Model ERJ 190-100 ECJ airplanes, 
and the components that may have been interchanged must also be re-
identified and tracked. Embraer S.A. and ANAC will use the reports 
required by this proposed AD to analyze the data and determine if the 
life limits for the MLG assemblies or their components need to be 
revised based on components being interchanged between models. The FAA 
is proposing this AD to address potentially inadequate life limits on 
the MLG due to different operational loads, which could impact the 
structural integrity of the airplane. See the MCAI for additional 
background information.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2021-08-01 specifies new or more restrictive airworthiness 
limitations for airplane structures and safe life limits; reviewing 
maintenance records of the MLG side stay assembly and the MLG shock 
strut assembly to determine if any life-limited item has been replaced 
and reporting those findings; and reidentifying certain part numbers of 
the MLG side stay assembly and the MLG shock strut assembly and their 
components. ANAC AD 2021-08-01 also specifies prohibiting the 
installation of certain part numbers. 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, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations; reviewing maintenance records of 
the MLG side stay assembly and the MLG shock strut assembly to 
determine if any life-limited item has been replaced and reporting 
those findings; and re-identifying the MLG side stay assembly and the 
MLG shock strut assembly and certain components; which are specified in 
ANAC AD 2021-08-01 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD. 
This proposed AD would also prohibit installing certain part numbers.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections). 
Compliance with these actions is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(j)(1) of this proposed 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, the 
FAA proposes to incorporate ANAC AD 2021-08-01 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
ANAC AD 2021-08-01 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Service information required by ANAC AD 2021-08-01 
for compliance will be available at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0399 after the FAA final 
rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections) or intervals may be used unless the actions and intervals 
are approved as an alternative method of compliance (AMOC) in 
accordance with the procedures specified in the AMOCs paragraph under 
``Additional FAA Provisions.'' This new format includes a ``New 
Provisions for Alternative Actions and Intervals'' paragraph that does 
not specifically refer to AMOCs, but operators may still request an 
AMOC to use an alternative action or interval.

Interim Action

    The FAA considers this proposed AD interim action. The inspection 
reports required by this proposed AD will enable the manufacturer to 
gain better insight into the extent to which components have been 
interchanged between models and determine if

[[Page 20789]]

additional actions are required to address the identified unsafe 
condition. Based on the result of the manufacturer's analyses, the FAA 
might consider further rulemaking.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 10 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours 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. Therefore, the agency estimates the average total cost per 
operator to be $7,650 (90 work-hours x $85 per work-hour).

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................              $0             $510           $5,100
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting and revising the existing maintenance or inspection
  program.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the proposed reporting requirement in this proposed AD. 
The average labor rate is $85 per hour. Based on these figures, the FAA 
estimates the cost of reporting on U.S. operators to be $850, or $85 
per product.
    According to the manufacturer, some or all of the costs of this 
proposed 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.

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 current 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 take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and 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 has determined that this proposed AD would not have 
federalism implications under Executive Order 13132. This proposed AD 
would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Embraer S.A. (Type Certificate Previously Held by Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica S.A.): Docket No. FAA-2022-0399; 
Project Identifier MCAI-2021-00983-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by May 23, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. (Type Certificate Previously 
Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.) 
Model ERJ 190-100 ECJ airplanes, certificated in any category, as 
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD 2021-08-01, effective August 31, 2021 (ANAC AD 2021-08-
01).

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 32, Landing Gear.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness

[[Page 20790]]

limitations are necessary and that some life limits on some 
structural parts used on the main landing gear (MLG) may not be 
properly controlled, due to interchanging those parts between 
airplane models with different operational loads during repair or 
overhaul. The FAA is issuing this AD to address potentially 
inadequate life limits on the MLG due to different operational 
loads, which could impact the 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, ANAC AD 2021-08-01.

(h) Exceptions to ANAC AD 2021-08-01

    (1) Where ANAC AD 2021-08-01 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 (a) of ANAC AD 2021-08-01 is no later than the applicable 
``life limit cycles'' specified in the service information 
referenced in ANAC AD 2021-08-01, or within 90 days after the 
effective date of this AD, whichever occurs later.
    (3) Paragraph (b) of ANAC AD 2021-08-01 specifies to report 
inspection results to Embraer within a certain compliance time. For 
this AD, report inspection results at the applicable time specified 
in paragraph (h)(3)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 90 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 90 days after the effective date 
of this AD.
    (4) The ``Alternative Method of Compliance (AMOC)'' section of 
ANAC AD 2021-08-01 does not apply to this AD.

(i) Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed, unless they 
are approved as specified in paragraph (a) of ANAC AD 2021-08-01.

(j) Additional 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 (k)(2) of 
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#b0899df1e6e39df1f9e29d8783809df1fdfff3f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="e1d8cca0b7b2cca0a8b3ccd6d2d1cca0acaea2a1878080cf868e97">[email protected]</span></a>. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
local flight standards district office/certificate holding district 
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.

(k) Related Information

    (1) For ANAC AD 2021-08-01, 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 <a href="/cdn-cgi/l/email-protection#90e0f1f3d0f1fef1f3bef7ffe6bef2e2"><span class="__cf_email__" data-cfemail="4f3f2e2c0f2e212e2c61282039612d3d">[email protected]</span></a>; internet www.anac.gov.br/en/. 
You may find this ANAC AD on the ANAC website at https://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. 
This material may be found in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0399.
    (2) For more information about this AD, contact Krista Greer, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3221; email <a href="/cdn-cgi/l/email-protection#4f243d263c3b2e61283d2a2a3d0f292e2e61282039"><span class="__cf_email__" data-cfemail="1f746d766c6b7e31786d7a7a6d5f797e7e31787069">[email protected]</span></a>.

    Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07472 Filed 4-7-22; 8:45 am]
BILLING CODE 4910-13-P


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