[4910-13-P]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1688; Project Identifier MCAI-2024-00299-T;
Amendment 39-22772; AD 2024-12-08]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by
Yaborã Indústria Aeronáutica 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 170 airplanes. This AD was prompted by a report of a landing
gear not locked indication during the final approach, which led the flight crew to declare
an emergency. This AD requires reviewing maintenance records of the main landing gear
(MLG) assemblies to determine whether the MLG was modified according to a certain
service bulletin or restored during overhaul maintenance; inspecting the left and right
MLG locking-stay bracket assemblies to verify that the correct attaching hardware is
correctly installed on the brackets; replacing nuts having certain part numbers (P/Ns);
replacing the locking-stay bracket assembly, if necessary; and prohibits the installation of
affected parts on the MLG locking-stay bracket assembly; 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 [INSERT DATE 15 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER].

The Director of the Federal Register approved the incorporation by reference of a
certain publication listed in this AD as of [INSERT DATE 15 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER].
The FAA must receive comments on this AD by [INSERT DATE 45 DAYS
AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER].
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. FAA2024-1688; 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, 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-2024-1688.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
206-231-3221; email krista.greer@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 the “Docket No. FAA-2024-1688; Project Identifier MCAI-2024-00299-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 Krista Greer, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
206-231-3221; email krista.greer@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 E2024-05-09R01, effective May 29, 2024 (ANAC AD E2024-05-09R01) (also
referred to as the MCAI), to correct an unsafe condition for certain Embraer S.A. Model
ERJ 170 airplanes. The MCAI states that a landing gear not locked indication during the
final approach led the flight crew to declare an emergency. Although the event did not
result in serious consequences, it was found that a failure could occur in the MLG
locking-stay bracket assembly, due to the installation of a particular self-locking nut (P/N
MS17826-5) installed during modification according to Embraer Service Bulletin
170-32-0089 or during restoration in overhaul maintenance.
The FAA is issuing this AD to address failure of the MLG locking-stay bracket
assembly due to failure of this self-locking nut, which can result in uncommanded
retraction of the landing gear and consequent loss of directional control of the airplane on
the ground if the landing gear collapses.

You may examine the MCAI in the AD docket at regulations.gov under Docket
No. FAA-2024-1688.
Related Material under 1 CFR Part 51
ANAC AD E2024-05-09R01 specifies checking the airplane maintenance records
to identify whether the MLG was modified according to a certain service bulletin or
restored during overhaul maintenance. ANAC AD E2024-05-09R01 also specifies
procedures for a general visual inspection of the left and right MLG locking-stay bracket
assemblies to verify that the correct screws, washers, nuts, and cotter pins are correctly
installed on the bracket; replacement of nuts having certain part numbers; and
replacement of the locking-stay bracket assembly if any anomaly (looseness, missing
parts, bending, cracking, or other damage) is detected in any attachment parts installed on
the bracket. ANAC AD E2024-05-09R01 further prohibits the installation of nuts having
P/N MS17826-5 on the MLG locking-stay bracket. 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
AD E2024-05-09R01 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 E2024-05-09R01 is incorporated by reference in this AD. This AD requires
compliance with ANAC AD E2024-05-09R01 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 E2024-05-09R01 for compliance will be
available at regulations.gov under Docket No. FAA-2024-1688 after this AD is
published.
Justification for Immediate Adoption 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.
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 locking-stay bracket assembly due to failure of
a certain self-locking nut can result in uncommanded retraction of the landing gear and
consequent loss of directional control of the airplane on the ground if the landing gear

collapses. Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(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 728 airplanes of U.S. registry. The FAA
estimates the following costs to comply with this AD:
Estimated costs for required actions
Labor cost

Parts cost

Cost per product

Cost on U.S. operators

1 work-hour X $85
per hour = $85

$0

$85

$61,880

The FAA estimates the following costs to do any on-condition actions that would
be required based on the results of any required actions. The FAA has no way of
determining the number of aircraft that might need these on-condition actions:
Estimated costs of on-condition actions
Labor cost

Parts cost

Cost per product

Up to 3 work-hours X $85 per
hour = $255

Up to $3,740

Up to $3,995

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.
§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive:
2024-12-08 Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria
Aeronáutica S.A.; Embraer S.A.): Amendment 39-22772; Docket No. FAA-20241688; Project Identifier MCAI-2024-00299-T.
(a) Effective Date
This airworthiness directive (AD) is effective [INSERT DATE 15 DAYS AFTER
DATE OF PUBLICATION IN THE FEDERAL REGISTER].
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. (Type Certificate previously held by Yaborã
Indústria Aeronáutica S.A.; Embraer S.A.) Model ERJ 170-100 LR, -100 STD, -100 SE,
and -100 SU airplanes, and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL
airplanes, certificated in any category, as identified in Agência Nacional de Aviação Civil
(ANAC) Emergency AD E2024-05-09R01, effective May 29, 2024 (ANAC
AD E2024-05-09R01).
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing gear.
(e) Unsafe Condition
This AD was prompted by a report of a landing gear not locked indication during
the final approach, which led the flight crew to declare an emergency. The FAA is
issuing this AD to address failure of the main landing gear (MLG) locking-stay bracket

assembly due to failure of this self-locking nut, which can result in uncommanded
retraction of the landing gear and consequent loss of directional control of the airplane on
the ground if the landing gear collapses.
(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 E2024-05-09R01.
(h) Exceptions to ANAC AD E2024-05-09R01
(1) Where ANAC AD E2024-05-09R01 refers to May 21, 2024, the effective date
of ANAC Emergency AD E2024-05-09, this AD requires using the effective date of this
AD.
(2) Where ANAC AD E2024-05-09R01 refers to its effective date, this AD
requires using the effective date of this AD.
(3) ANAC AD E2024-05-09R01 does not specify a compliance time for the
actions specified in paragraphs (b)(2)(i), (b)(2)(i)(I), (c)(2)(i), and (c)(2)(i)(I) of ANAC
AD E2024-05-09R01. For this AD, after accomplishing the inspection required by
paragraph (b)(2) or (c)(2), as applicable, of ANAC AD E2024-05-09R01, the actions
required by paragraphs (b)(2)(i), (b)(2)(i)(I), (c)(2)(i), and (c)(2)(i)(I) of ANAC AD
E2024-05-09R01 must be done before further flight, if there is no anomaly in the
hardware installation on the bracket P/N 1840A0700-03 or 1840A0700-04, or nut having
P/N MS17826-5 installed, as applicable.
(4) Where paragraph (e) of ANAC AD E2024-05-09R01 refers to “After the
effective date of this AD,” for this AD, replace that text with “As of the effective date of
this AD.”
(5) This AD does not adopt paragraph (g) of ANAC AD E2024-05-09R01.

(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 manager of the International Validation
Branch, mail it to the address identified in paragraph (j) of this AD. Information may be
emailed to: 9-AVS-AIR-730-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.
(j) Additional Information
For more information about this AD, contact Krista Greer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone
206-231-3221; email krista.greer@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the incorporation by reference
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.

(i) Agência Nacional de Aviação Civil (ANAC) Emergency
AD E2024-05-09R01, effective May 29, 2024.
(ii) [Reserved]
(3) For ANAC AD E2024-05-09R01, 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 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 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 June 11, 2024.

Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division,
Aircraft Certification Service.
[FR Doc. 2024-13938 Filed: 6/21/2024 11:15 am; Publication Date: 6/26/2024]