Rule2023-16164
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
July 31, 2023
Effective
September 5, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes. This AD was prompted by reports indicating that certain flight control electrical harnesses were routed incorrectly, providing inadequate separation from other electrical harness installations. This AD requires an inspection of certain flight control electrical harnesses for incorrect routing, and modifying any incorrect electrical harness installations, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 145 (Monday, July 31, 2023)</title>
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[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49277-49280]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16164]
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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;
Amendment 39-22487; AD 2023-13-02]
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: Final rule.
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[[Page 49278]]
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170 airplanes. This AD was prompted by
reports indicating that certain flight control electrical harnesses
were routed incorrectly, providing inadequate separation from other
electrical harness installations. This AD requires an inspection of
certain flight control electrical harnesses for incorrect routing, and
modifying any incorrect electrical harness installations, as specified
in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]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 September 5, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September 5,
2023.
ADDRESSES:
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 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:
<bullet> 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--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-
6600; email <a href="/cdn-cgi/l/email-protection#5828393b18643978302a3d3e65" 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.
<bullet> 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
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1163.
FOR FURTHER INFORMATION CONTACT: Joshua K. Bragg, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone 817-222-5366; email: <a href="/cdn-cgi/l/email-protection#0963667a617c682762276b7b686e6e496f6868276e667f"><span class="__cf_email__" data-cfemail="03696c706b76622d682d6171626464436562622d646c75">[email protected]</span></a>.
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 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, issued by ANAC, which is the aviation
authority for Brazil (ANAC AD 2022-04-01) (also referred to as the
MCAI). The MCAI 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 inspecting certain flight
control electrical harnesses for incorrect routing, and modifying any
incorrect electrical harness installations, as specified in ANAC AD
2022-04-01.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1163.
The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 by adding an AD that would apply to certain
Embraer S.A. Model ERJ 170 airplanes. The SNPRM published in the
Federal Register on February 24, 2023 (88 FR 11830). The SNPRM was
prompted by reports indicating that certain flight control electrical
harnesses were routed incorrectly, providing inadequate separation from
other electrical harness installations. In the SNPRM, the FAA proposed
to require inspecting certain flight control electrical harnesses for
incorrect routing, and modifying any incorrect 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the SNPRM without change.
The FAA received additional comments from two commenters, including
Embraer and Horizon Air. The following presents the comments received
on the SNPRM and the FAA's response to each comment.
Requests for Increased Compliance Time and Later Date for Correction
Embraer requested that the FAA allow an increase in the compliance
time and to allow the correction to be done at a later date. According
to Embraer, because this inspection and subsequent correction of the
wiring harnesses cannot fit within a basic check, operators plan to add
it to the heavy maintenance visits, during which these accesses are
already open. However, the service information and the proposed AD do
not allow for inspecting to be done at one opportunity and correction
to be done at a later date.
The FAA does not agree to the requests to revise the compliance
time and allow correction to be done later. 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 and did not allow for correction to be done later. 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, if the
proposed AMOC provides an acceptable level of safety. This AD has not
been changed with regard to this request.
Request To Increase the Estimated Work-Hours
Embraer requested an increase in the total number of estimated
work-hours for the required actions. The commenter noted that the
actual work-hours required for the actions have proven to be greater
than the estimate given in the proposed AD.
The FAA agrees with the request because the agency has determined
that the total work-hours required exceed the previous estimate. The
FAA has increased the estimated total work-hours from 8 to 16.
Request To Correct Typographical Error
Horizon Air requested that a correction be made in paragraph (i)(3)
of the proposed AD. The commenter noted that the reference to paragraph
(j)(3)(i) should be to paragraph (i)(3)(i).
The FAA agrees with the request. The FAA has corrected the
typographical error in this AD.
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
[[Page 49279]]
Design Authority, it has notified the FAA of the unsafe condition
described in the MCAI referenced above. The FAA reviewed the relevant
data, considered the comments received, 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, and any other changes described previously,
this AD is adopted as proposed in the SNPRM. None of the changes will
increase the economic burden on any operator.
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.
Costs of Compliance
The FAA estimates that this AD affects 701 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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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6 work-hours x $85 per hour = $510........................... $0 $510 $357,510
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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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10 work-hours x $85 per hour = $850... $0 $850
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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
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
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:
2023-13-02 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22487; Docket No. FAA-2022-1163; Project
Identifier MCAI-2022-00571-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 5,
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.
[[Page 49280]]
(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#6c55412d3a3f412d253e415b5f5c412d21232f2c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="655c4824333648242c37485256554824282a26250304044b020a13">[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 (i)(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 Joshua K. Bragg,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone 817-222-5366; email:
<a href="/cdn-cgi/l/email-protection#dfb5b0acb7aabef1b4f1bdadbeb8b89fb9bebef1b8b0a9"><span class="__cf_email__" data-cfemail="345e5b475c41551a5f1a5646555353745255551a535b42">[email protected]</span></a>.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2022-04-01R1, 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--S[atilde]o Jos[eacute]
dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email
<a href="/cdn-cgi/l/email-protection#cdbdacae8df1aceda5bfa8abf0" 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 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 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#4026326e292e3330252334292f2e002e2132216e272f36"><span class="__cf_email__" data-cfemail="accade82c5c2dfdcc9cfd8c5c3c2ecc2cddecd82cbc3da">[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 July 21, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-16164 Filed 7-28-23; 8:45 am]
BILLING CODE 4910-13-P
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