Proposed Rule2023-03625
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 24, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is revising a notice of proposed rulemaking (NPRM) that would have applied to certain Embraer S.A. Model ERJ 170 airplanes. This action revises the NPRM by adding airplanes to the applicability. The FAA is proposing this airworthiness directive (AD) to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the FAA is requesting comments on this SNPRM.
Full Text
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<title>Federal Register, Volume 88 Issue 37 (Friday, February 24, 2023)</title>
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[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Proposed Rules]
[Pages 11830-11833]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03625]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1163; Project Identifier MCAI-2022-00571-T]
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: Supplemental notice of proposed rulemaking (SNPRM).
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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM)
that would have applied to certain Embraer S.A. Model ERJ 170
airplanes. This action revises the NPRM by adding airplanes to the
applicability. The FAA is proposing this airworthiness directive (AD)
to address the unsafe condition on these products. Since these actions
would impose an additional burden over those in the NPRM, the FAA is
requesting comments on this SNPRM.
DATES: The FAA must receive comments on this SNPRM by April 10, 2023.
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 <a href="http://regulations.gov">regulations.gov</a>. 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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1163; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains the NPRM, this SNPRM, 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:
<bullet> For material that is proposed for incorporation by
reference in this SNPRM, contact National Civil Aviation Agency (ANAC),
Aeronautical Products Certification Branch (GGCP), Rua Dr.
[[Page 11831]]
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#d6a6b7b596eab7f6bea4b3b0eb" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website <a href="http://anac.gov">anac.gov</a>.br/en/. You may find this
material on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/DA/
DAE.asp. It is also available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2022-1163.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Hassan M. Ibrahim, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3653; email
<a href="/cdn-cgi/l/email-protection#94dcf5e7e7f5fabad9baddf6e6f5fcfdf9d4f2f5f5baf3fbe2"><span class="__cf_email__" data-cfemail="d29ab3a1a1b3bcfc9ffc9bb0a0b3babbbf92b4b3b3fcb5bda4">[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-2022-1163; Project Identifier
MCAI-2022-00571-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
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this SNPRM.
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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should
be sent to Hassan M. Ibrahim, Aerospace Engineer, Large Aircraft
Section, FAA, International Validation Branch, 2200 South 216th St.,
Des Moines, WA 98198; telephone 206-231-3653; email
<a href="/cdn-cgi/l/email-protection#7b331a08081a155536553219091a1312163b1d1a1a551c140d"><span class="__cf_email__" data-cfemail="3e765f4d4d5f50107310775c4c5f5657537e585f5f10595148">[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 FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that
would apply to certain Embraer S.A. Model ERJ 170 airplanes. The NPRM
published in the Federal Register on September 15, 2022 (87 FR 56598).
The NPRM was prompted by AD 2022-04-01, effective April 29, 2022 (ANAC
AD 2022-04-01), issued by ANAC, which is the aviation authority for
Brazil. ANAC AD 2022-04-01 states that certain flight control
electrical harnesses were routed incorrectly, providing inadequate
separation from other electrical harness installations.
In the NPRM, the FAA proposed to require an inspection of certain
flight control electrical harnesses for incorrect routing, and
modifying any incorrect electrical harness installations.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, ANAC superseded ANAC AD 2022-04-01
and issued ANAC AD 2022-04-01R1, effective October 31, 2022 (ANAC AD
2022-04-01R1) (also referred to as the MCAI), to correct an unsafe
condition for certain Embraer S.A. Model ERJ 170 airplanes. ANAC AD
2022-04-01R1 has a revised applicability that includes additional
serial numbers. The MCAI states that certain flight control electrical
harnesses were routed incorrectly, providing inadequate separation from
other electrical harness installations.
The FAA is proposing this AD to address incorrect routing of flight
control electrical harnesses near critical fuel quantity indication
harnesses, which could possibly result in fuel tank ignition and
subsequent loss of the airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1163.
Comments
The FAA received comments from four commenters, including Embraer,
Horizon Air, Republic Airways, and SkyWest Airlines. The following
presents the comments received on the NPRM and the FAA's response to
each comment.
Request To Withdraw the Proposed AD
Embraer requested that the proposed AD be withdrawn because ANAC AD
2022-04-01R1, effective October 31, 2022, has superseded AD 2022-04-01,
effective April 29, 2022, to revise the applicability. Embraer
suggested that the FAA could withdraw the proposed AD or issue a new
proposed AD to avoid the need for a new FAA AD to include the
additional airplanes.
The FAA updated the applicability to match ANAC AD 2022-04-01R1.
However, the FAA is not withdrawing the NPRM, but is instead issuing
this SNPRM to include the new applicability. This proposed AD has been
revised to reference ANAC AD 2022-04-01R1 throughout.
Request To Revise Compliance Time
Republic Airways and SkyWest Airlines requested that the compliance
time be changed. Republic requested a change to three years to align
with the heavy maintenance schedule and noted that certain parts of the
service information require inspecting an area that is difficult to
access due to the proximity of the 195 aft wing-to-fuselage fairing
(WTFF), which is removed during heavy maintenance. SkyWest requested a
change to 10,000 flight hours or 60 months to align with the
recommended compliance time specified in the service information
referenced in ANAC AD 2022-04-01.
The FAA disagrees with the commenters' requests to revise the
compliance time. ANAC, as the state of design authority, conducted a
safety analysis and determined that a 12-month compliance time is
appropriate to mitigate the identified unsafe condition. The FAA
concurs with ANAC's assessment. However, under the provisions specified
in paragraph (i)(1) of this AD, operators may request an alternative
method of compliance (AMOC) to use a different compliance time. This
proposed AD has not been changed with regard to these requests.
Request To Revise Exceptions Paragraph
Horizon Air commenter requested that the exceptions in paragraph
(h)(2) of the proposed AD be limited to paragraph (b) of ANAC AD 2022-
04-01, instead of the entire ``Alternative
[[Page 11832]]
methods of compliance (AMOC)'' section. The commenter stated that ANAC
AD 2022-04-01 paragraphs (c), (c)(1), and (c)(2) clarify that only
steps labeled Required for Compliance (RC) must be done to comply with
the AD, and that excepting paragraphs (c), (c)(1), and (c)(2) would
unnecessarily mandate steps that are not required to correct the unsafe
condition.
The FAA agrees with the commenter's request for the reasons
provided and notes that the service information referenced in ANAC AD
2022-04-01R1 contains steps labeled RC. However, in ANAC AD 2022-04-
01R1, the corresponding paragraph not required by this proposed AD is
now labeled paragraph (c), while the paragraphs explaining RC service
information are in paragraphs (d), (d)(1), and (d)(2) of ANAC AD 2022-
04-01R1. Therefore, paragraph (h)(2) of this proposed AD has been
revised to refer only to paragraph (c) of ANAC AD 2022-04-01R1.
Related Service Information Under 1 CFR Part 51
ANAC AD 2022-04-01R1 specifies procedures for inspecting the
installation of flight control electrical harnesses W126 and W127 for
incorrect routing and modifying any incorrect electrical harness
installations. 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.
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
described above. The FAA is issuing this SNPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Certain changes described above expand the scope of the NPRM. As a
result, it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this SNPRM.
Proposed AD Requirements in This SNPRM
This proposed AD would require accomplishing the actions specified
in ANAC AD 2022-04-01R1 described previously, except for any
differences identified as exceptions in the regulatory text 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 2022-04-01R1 by reference in the
FAA final rule. This proposed AD would, therefore, require compliance
with ANAC AD 2022-04-01R1 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 2022-
04-01R1 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1163 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 701 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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3 work-hours x $85 per hour = $255........................... $0 $255 $178,755
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The FAA estimates the following costs to do any necessary 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
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Cost per
Labor cost Parts cost product
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5 work-hours x $85 per hour = $425............................................ $0 $425
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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 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:
[[Page 11833]]
(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.; Embraer S.A.): Docket No.
FAA-2022-1163; Project Identifier MCAI-2022-00571-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 10, 2023.
(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.;
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
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2022-04-01R1, effective October 31, 2022 (ANAC AD 2022-04-01R1).
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
(e) Unsafe Condition
This AD was prompted by reports indicating that certain flight
control electrical harnesses were routed incorrectly, providing
inadequate separation from other electrical harness installations.
The FAA is issuing this AD to address the incorrect routing of
flight control electrical harnesses near critical fuel quantity
indication harnesses, which could possibly result in fuel tank
ignition and subsequent loss 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 2022-04-01R1.
(h) Exceptions to ANAC AD 2022-04-01R1
(1) Where ANAC AD 2022-04-01R1 refers to April 29, 2022 (the
effective date of ANAC AD 2022-04-01), this AD requires using the
effective date of this AD.
(2) Where ANAC AD 2022-04-01R1 refers to its effective date,
this AD requires using the effective date of this AD.
(3) Where ANAC AD 2022-04-01R1 refers to August 3, 2022 (the
Revision 02 date of Embraer Service Bulletin), the correct date is
August 5, 2022.
(4) Paragraph (c) of ANAC AD 2022-04-01R1 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: <a href="/cdn-cgi/l/email-protection#3d04107c6b6e107c746f100a0e0d107c70727e7d5b5c5c135a524b"><span class="__cf_email__" data-cfemail="99a0b4d8cfcab4d8d0cbb4aeaaa9b4d8d4d6dad9fff8f8b7fef6ef">[email protected]</span></a>. 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 specified by
paragraph (i)(2) of this AD: if any service information contains
steps that are labeled as RC, the provisions of paragraphs (j)(3)(i)
and (ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(j) Additional Information
For more information about this AD, contact Hassan M. Ibrahim,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3653; email <a href="/cdn-cgi/l/email-protection#a7efc6d4d4c6c989ea89eec5d5c6cfcecae7c1c6c689c0c8d1"><span class="__cf_email__" data-cfemail="d59db4a6a6b4bbfb98fb9cb7a7b4bdbcb895b3b4b4fbb2baa3">[email protected]</span></a>.
(k) 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) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2022-04-01R1, effective October 31, 2022.
(ii) [Reserved]
(3) For ANAC AD 2022-04-01, 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#d4a4b5b794e8b5f4bca6b1b2e9" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website <a href="http://anac.gov">anac.gov</a>.br/en/. You
may find this ANAC AD on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/
certificacao/DA/DAE.asp.
(4) 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email <a href="/cdn-cgi/l/email-protection#b1d7c39fd8dfc2c1d4d2c5d8dedff1dfd0c3d09fd6dec7"><span class="__cf_email__" data-cfemail="3e584c1057504d4e5b5d4a5751507e505f4c5f10595148">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on February 16, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-03625 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P
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