Proposed Rule2024-06900
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica 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
April 2, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes. This proposed AD was prompted by a manufacturing quality escape concerning some overheat detection system (ODS) sensing elements. This proposed AD would require inspecting the ODS sensing elements and performing applicable corrective actions, and would prohibit the installation of affected parts, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 89 Issue 64 (Tuesday, April 2, 2024)</title>
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[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Proposed Rules]
[Pages 22640-22642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06900]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89 , No. 64 / Tuesday, April 2, 2024 /
Proposed Rules
[[Page 22640]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0772; Project Identifier MCAI-2023-01203-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 170 airplanes. This proposed AD was
prompted by a manufacturing quality escape concerning some overheat
detection system (ODS) sensing elements. This proposed AD would require
inspecting the ODS sensing elements and performing applicable
corrective actions, and would prohibit the installation of affected
parts, as specified in an Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for
incorporation by reference (IBR). 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 17,
2024.
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-2024-0772; 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.
Material Incorporated by Reference:
<bullet> For material identified in this NPRM, 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; phone 55
(12) 3203-6600; email: <a href="/cdn-cgi/l/email-protection#ff8f9e9cbfc39edf978d9a99c2" 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: <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-2024-0772.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone:
817-222-5366; email: <a href="/cdn-cgi/l/email-protection#ec86839f84998dc287c28e9e8d8b8bac8a8d8dc28b839a"><span class="__cf_email__" data-cfemail="7c16130f14091d5217521e0e1d1b1b3c1a1d1d521b130a">[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-2024-0772; Project Identifier
MCAI-2023-01203-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 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
Joshua Bragg, Aviation Safety Engineer, FAA, 2200 South 216th Street,
Des Moines, WA 98198; phone: 817-222-5366; email:
<a href="/cdn-cgi/l/email-protection#5e34312d362b3f7035703c2c3f39391e383f3f70393128"><span class="__cf_email__" data-cfemail="e2888d918a9783cc89cc8090838585a2848383cc858d94">[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
ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2023-11-01, effective November 21, 2023 (ANAC AD 2023-11-01) (also
referred to as the MCAI), to correct an unsafe condition on certain
Embraer S.A. Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU
airplanes; and Model ERJ 170-200 LL, -200 LR, -200 STD, and -200 SU
airplanes. The MCAI states a quality escape occurred during
manufacturing concerning some ODS sensing elements produced before
January 31, 2021. A defective sensing element may not be able to detect
a thermal bleed leak, which is a latent failure, and depending on the
affected area, may start an ignition source in the fuel tank, which
could damage some electronic boxes and expose the wing structure to
high temperature gradients and unexpected thermal loads, which
[[Page 22641]]
could result in reduced structural integrity of the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-0772.
Related Service Information Under 1 CFR Part 51
ANAC AD 2023-11-01 specifies procedures for a detailed inspection
of the ODS sensing elements of the airplane bleed lines and replacing,
if applicable. In addition, ANAC AD 2023-11-01 specifies procedures for
re-activating ODS sensing elements that were deactivated. Also, ANAC AD
2023-11-01 prohibits installing an affected ODS sensing element, unless
it is inspected, and one face of the connector hex nut is marked.
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 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 NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in ANAC AD 2023-11-01 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 2023-11-01 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2023-11-01 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 2023-11-01
for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No.
FAA-2024-0772 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 70 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425........................... $0 $425 $29,750
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The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170.... $500 $670
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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:
(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:
[[Page 22642]]
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-2024-0772;
Project Identifier MCAI-2023-01203-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by May 17, 2024.
(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 170-100 LR, -100 SE, -100 STD, and -100 SU airplanes, and
Model ERJ 170-200 LL, -200 LR, -200 STD, and -200 SU airplanes,
certificated in any category, as identified in Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2023-11-01,
effective November 21, 2023 (ANAC AD 2023-11-01).
(d) Subject
Air Transport Association (ATA) of America Code: 75, Bleed Air.
(e) Unsafe Condition
This AD was prompted by a manufacturing quality escape
concerning some overheat detection system (ODS) sensing elements.
The FAA is issuing this AD to address defective sensing elements.
The unsafe condition, if not addressed, could result in a sensing
element not being able to detect a thermal bleed leak, which is a
latent failure, and depending on the affected area, may start an
ignition source in the fuel tank, which could damage some electronic
boxes and expose the wing structure to high temperature gradients
and unexpected thermal loads, which could result in reduced
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 2023-11-01.
(h) Exceptions to ANAC AD 2023-11-01
(1) Where ANAC AD 2023-11-01 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraphs (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and
(g)(1), of ANAC AD 2023-11-01 specify to inspect ODS sensing
elements at various locations, this AD requires adding ``in
accordance with Embraer Service Bulletin 170-36-0027, revision 04,
dated September 5, 2023; or later revisions approved by ANAC.''
(3) Where paragraphs (b) through (h) of ANAC AD 2023-11-01
specify on-condition actions based on the results of the ODS sensing
element inspections required by paragraphs (b)(1), (c)(1), (d)(1),
(e)(1), (f)(1), and(g)(1) of ANAC AD 2023-11-01, this AD requires
performing all applicable on-condition actions before further flight
after each inspection.
(4) This AD does not adopt paragraph (k) of ANAC AD 2023-11-01.
(i) Parts Returned to Supplier
Where the service information referenced in ANAC AD 2023-11-01
specifies to send removed sensing elements to the supplier, this AD
does not include that requirement.
(j) 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 (k) of this AD or email to: <a href="/cdn-cgi/l/email-protection#dae3f79b9497f789bfbbaeaeb6bff79b9995f79b979599f788bfabafbfa9aea99abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="4a73670b040767192f2b3e3e262f670b0905670b07050967182f3b3f2f393e390a2c2b2b642d253c">[email protected]</span></a>. If mailing information, also submit information by
email. 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 required by
paragraph (j)(2) of this AD, if any service information referenced
in ANAC AD 2023-11-01 contains steps in the Accomplishment
Instructions or figures that are labeled as RC, the instructions in
RC steps, including subparagraphs under an RC step and any figures
identified in an RC step, must be done to comply with this AD; any
steps including substeps under those steps, that are not identified
as RC are recommended. The instructions in steps, including substeps
under those steps, not identified 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 instructions identified as RC can be done and the airplane can
be put back in an airworthy condition. Any substitutions or changes
to instructions identified as RC require approval of an AMOC. If a
step or substep is labeled ``RC Exempt,'' then the RC requirement is
removed from that step or substep.
(k) Additional Information
For more information about this AD, contact Joshua Bragg,
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines,
WA 98198; phone: 817-222-5366; email: <a href="/cdn-cgi/l/email-protection#345e5b475c41551a5f1a5646555353745255551a535b42"><span class="__cf_email__" data-cfemail="563c39253e2337783d7834243731311630373778313920">[email protected]</span></a>.
(l) 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 2023-11-01, effective November 21, 2023.
(ii) [Reserved]
(3) For ANAC AD 2023-11-01, 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; phone 55 (12) 3203-6600; email: <a href="/cdn-cgi/l/email-protection#a9d9c8cae995c889c1dbcccf94" 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: <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
Street, 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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>, or email <a href="/cdn-cgi/l/email-protection#4c2a3e6225223f3c292f382523220c222d3e2d622b233a"><span class="__cf_email__" data-cfemail="d7b1a5f9beb9a4a7b2b4a3beb8b997b9b6a5b6f9b0b8a1">[email protected]</span></a>.
Issued on March 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-06900 Filed 4-1-24; 8:45 am]
BILLING CODE 4910-13-P
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