Rule2024-18634
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
August 21, 2024
Effective
September 25, 2024
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 a manufacturing quality escape concerning some overheat detection system (ODS) sensing elements. This AD requires inspecting the ODS sensing elements and performing applicable corrective actions, and prohibits the installation of affected parts, 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 89 Issue 162 (Wednesday, August 21, 2024)</title>
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[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Rules and Regulations]
[Pages 67527-67530]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18634]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0772; Project Identifier MCAI-2023-01203-T;
Amendment 39-22789; AD 2024-14-08]
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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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
manufacturing quality escape concerning some overheat detection system
(ODS) sensing elements. This AD requires inspecting the ODS sensing
elements and performing applicable corrective actions, and prohibits
the installation of affected parts, 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 25, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
25, 2024.
ADDRESSES:
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 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 ANAC material, 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#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
[[Page 67528]]
this material on the ANAC website <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 Street,
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-2024-0772.
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#13797c607b66723d783d7161727474537572723d747c65"><span class="__cf_email__" data-cfemail="563c39253e2337783d7834243731311630373778313920">[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 170-100 LR, -100 SE, -100 STD, and -100 SU airplanes; and
Model ERJ 170-200 LL, -200 LR, -200 STD, and -200 SU airplanes. The
NPRM published in the Federal Register on April 2, 2024 (89 FR 22640).
The NPRM was prompted by AD 2023-11-01, effective November 21, 2023,
issued by ANAC, which is the aviation authority for Brazil (ANAC AD
2023-11-01) (also referred to as the MCAI). 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 could result in reduced structural integrity of
the airplane.
In the NPRM, the FAA proposed to require inspecting the ODS sensing
elements and performing applicable corrective actions, and would
prohibit the installation of affected parts, as specified in ANAC AD
2023-11-01. The FAA is issuing 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
The FAA received additional comments from two commenters, including
Horizon Air and Skywest. The following presents the comments received
on the NPRM and the FAA's response to each comment.
Request for ATA Code Correction
Horizon Air requested a change to paragraph (d) of the proposed AD,
which identifies the subject as ATA 75, Bleed Air. Horizon Air
requested that the final rule identify the subject as ATA 36, Pneumatic
System.
The FAA agrees and has corrected the subject matter ATA code in
this AD.
Request for Clarification on Approved Service Bulletin
Skywest requested a clarification on paragraph (h)(2) of the
proposed AD that requires adding ``in accordance with Embraer Service
Bulletin 170-36-0027, revision 04, dated September 5, 2023; or later
revisions approved by ANAC.'' The commenter stated that this statement
appears misleading because the approval paragraph in that service
bulletin does not state it is ANAC approved, but merely states it does
not affect the type design previously approved by ANAC. It appears, for
this service bulletin, ANAC issues their approval in a separate
document that may not be readily available. The commenter also stated
that with the AD as proposed, and without an explicit statement in the
service bulletin stating it is ANAC approved, it seems an alternative
method of compliance (AMOC) would be required to use any later
revision. This service bulletin has also been revised to Revision 05 on
April 1, 2024.
The FAA provides the following clarification for paragraph (h)(2)
of this AD. If the approval statement in the service bulletin does not
state it is ANAC approved, the operator can contact Embraer, ANAC, or
the FAA to determine if the service bulletin is approved by ANAC. If
the approval of the service bulletin can be verified, approval of an
AMOC would not be required to use a future revision of the service
bulletin. No changes were made to 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 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 NPRM. None of the changes will increase the economic
burden on any operator.
Related Material Under 1 CFR Part 51
ANAC AD 2023-11-01 specifies a detailed inspection of the ODS
sensing elements of the airplane bleed lines and replacement, if
applicable. In addition, ANAC AD 2023-11-01 specifies 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 the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 70 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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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 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
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Cost per
Labor cost Parts cost product
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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
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:
2024-14-08 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22789; Docket No. FAA-2024-0772; Project
Identifier MCAI-2023-01203-T.
(a) Effective Date
This airworthiness directive (AD) is effective September 25,
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 36, Pneumatic
System.
(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#063f2b47484b2b55636772726a632b4745492b474b49452b54637773637572754660676728616970"><span class="__cf_email__" data-cfemail="8fb6a2cec1c2a2dceaeefbfbe3eaa2ceccc0a2cec2c0cca2ddeafefaeafcfbfccfe9eeeea1e8e0f9">[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
[[Page 67530]]
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#93f9fce0fbe6f2bdf8bdf1e1f2f4f4d3f5f2f2bdf4fce5"><span class="__cf_email__" data-cfemail="1d77726e75687c3376337f6f7c7a7a5d7b7c7c337a726b">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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) 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#51213032116d3071392334376c" 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#1573673b7c7b66657076617c7a7b557b7467743b727a63"><span class="__cf_email__" data-cfemail="1076623e797e6360757364797f7e507e7162713e777f66">[email protected]</span></a>.
Issued on July 12, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-18634 Filed 8-20-24; 8:45 am]
BILLING CODE 4910-13-P
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