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.

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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 Agencia
Nacional de Aviacao 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.

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--Sao 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 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

ANAC, which is the aviation authority for Brazil, has issued ANAC
Emergency AD 2024-10-02, effective October 21, 2024 (ANAC Emergency AD
2024-10-02) (also referred to as the MCAI), to correct an unsafe
condition for certain Model Embraer S.A. Model EMB-545 and EMB-550
airplanes. The MCAI states that corrosion, damage, and rupture have
been found on down lock spring assemblies of the MLG and 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. Failure of these down lock springs could cause a non-
annunciated loss of down locking capability, which may collapse the MLG
and the NLG structure during takeoff or landing.

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:

Estimated Costs for Required Actions

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.

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.

Sec. 39.13 [Amended]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: