Proposed Rule2024-19297
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.; Empresa Brasileira de Aeronáutica S.A. (EMBRAER)) Airplanes
Primary source
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Published
August 28, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all Embraer S.A. Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, and -145XR airplanes. This proposed AD was prompted by a structural assessment that indicated certain central fuselage longitudinal splices are subjected to fatigue damage on multiple sites due to loose fasteners, which may reduce the structural residual strength below the required levels. This proposed AD would require performing repetitive inspections of certain upper central fuselage longitudinal splices and reporting the inspection results, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also require performing corrective actions if necessary. 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 167 (Wednesday, August 28, 2024)</title>
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[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Proposed Rules]
[Pages 68840-68843]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19297]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2133; Project Identifier MCAI-2024-00243-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.; Empresa Brasileira de Aeron[aacute]utica S.A.
(EMBRAER)) 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 all Embraer S.A. Model EMB-135ER, -135KE, -135KL, and -135LR
airplanes; and Model EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR,
and -145XR airplanes. This proposed AD was prompted by a structural
assessment that indicated certain central fuselage longitudinal splices
are subjected to fatigue damage on multiple sites due to loose
fasteners, which may reduce the structural residual strength below the
required levels. This proposed AD would require performing repetitive
inspections of certain upper central fuselage longitudinal splices and
reporting the inspection results, as specified in an Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed
for incorporation by reference (IBR). This proposed AD would also
require performing corrective actions if necessary. 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 October 15,
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-2024-2133; 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 ANAC material identified in this proposed AD, 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#3848595b78045918504a5d5e05" 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 Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 206-231-3653; email: <a href="/cdn-cgi/l/email-protection#2c644d5f5f4d42026102654e5e4d4445416c4a4d4d024b435a"><span class="__cf_email__" data-cfemail="b9f1d8cacad8d797f497f0dbcbd8d1d0d4f9dfd8d897ded6cf">[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
[[Page 68841]]
under the ADDRESSES section. Include ``Docket No. FAA-2024-2133;
Project Identifier MCAI-2024-00243-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
Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 206-231-3653; email:
<a href="/cdn-cgi/l/email-protection#b8f0d9cbcbd9d696f596f1dacad9d0d1d5f8ded9d996dfd7ce"><span class="__cf_email__" data-cfemail="5c143d2f2f3d32721172153e2e3d3435311c3a3d3d723b332a">[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 2024-04-03R01, effective May 31, 2024 (ANAC AD 2024-04-03R01) (also
referred to as the MCAI), to correct an unsafe condition for all
Embraer S.A. Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and
Model EMB-145, -145EP, -145ER, -145EU, -145LR, -145LU, -145MK, -145MP,
-145MR, and -145XR airplanes. Model EMB-145EU, -145LU, and -145MK
airplanes are not certificated by the FAA and are not included on the
U.S. type certificate data sheet; this proposed AD therefore does not
include those airplanes in the applicability. The MCAI states that a
structural assessment indicated that certain central fuselage
longitudinal splices are subjected to fatigue damage on multiple sites
due to working (i.e., loose) fasteners, which could reduce structural
residual strength below the required levels. This fatigue damage may be
undetected by current maintenance tasks and 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-2024-2133.
Material Incorporated by Reference Under 1 CFR Part 51
ANAC AD 2024-04-03R01 specifies an initial and repetitive external
detailed inspection of the upper central fuselage II, III, and IV
longitudinal splices to identify loose fasteners, contacting the
manufacturer if any discrepancy is found, and reporting the inspection
results. Discrepancies include loose fasteners, missing rivets, and any
crack, crease, bend, nick, scratch, gouge, dent, abrasion, or
structural deformation found in the skin attachments or fasteners. 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 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 2024-04-03R01 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 2024-04-03R01 by reference in the
FAA final rule. This proposed AD would, therefore, require compliance
with ANAC AD 2024-04-03R01 in its entirety through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Material required by ANAC AD 2024-04-03R01
for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No.
FAA-2024-2133 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 309 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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Labor cost Parts cost Cost per product Cost on U.S. operators
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4 work-hours x $85 per hour = $340 per $0 $340 per inspection cycle. $105,060 per inspection
inspection cycle. cycle.
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The FAA has received no definitive data on which to base the cost
estimates for the corrective actions specified in this proposed AD.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to
[[Page 68842]]
respond to, nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for this
collection of information is estimated to take approximately 1 hour per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. All responses
to this collection of information are mandatory. Send comments
regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to:
Information Collection Clearance Officer, Federal Aviation
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.
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:
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.; Empresa
Brasileira de Aeron[aacute]utica S.A. (EMBRAER)): Docket No. FAA-
2024-2133; Project Identifier MCAI-2024-00243-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 15, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.; Empresa Brasileira de Aeron[aacute]utica S.A.
(EMBRAER)) airplanes specified in paragraphs (c)(1) and (2) of this
AD, certificated in any category.
(1) Model EMB-135ER, -135KE, -135KL, and -135LR airplanes.
(2) Model EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, and -
145XR airplanes.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a structural assessment that indicated
certain central fuselage longitudinal splices are subjected to
fatigue damage on multiple sites due to loose fasteners, which may
reduce the structural residual strength below the required levels.
The FAA is issuing this AD to address undetected fatigue damage on
certain central fuselage longitudinal splices. The unsafe condition,
if not addressed, 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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) AD 2024-04-03R01, effective May 31, 2024 (ANAC AD 2024-
04-03R01).
(h) Exceptions to ANAC AD 2024-04-03R01
(1) Where ANAC AD 2024-04-03R01 refers to its effective date,
this AD requires using the effective date of this AD.
(2) Where paragraphs (b)(1) and (2) of ANAC AD 2024-04-03R01
specify the initial compliance time for the external detailed
inspection, for this AD, the initial compliance time for doing the
external detailed inspection is prior to the accumulation of 44,000
total flight cycles, or within 500 flight cycles after the effective
date of this AD, whichever occurs later.
(3) Where paragraph (b)(3) of ANAC AD 2024-04-03R01 specifies
``If any discrepancies are found, contact Embraer,'' this AD
requires replacing that text with ``If any cracking is detected
during an inspection required by paragraph (g) of this AD, repair
the discrepancy (including cracking) before further flight using a
method approved by the Manager, International Validation Branch,
FAA; or ANAC; or Embraer's ANAC Design Organization Approval (DOA).
If approved by the DOA, the approval must include the DOA-authorized
signature.''
(4) Paragraph (d) of ANAC AD 2024-04-03R01 specifies to report
inspection results to ANAC and Embraer within a certain compliance
time. For this AD, report inspection results after each inspection
required by paragraph (g) of this AD at the applicable times
specified in paragraph (h)(4)(i) or (ii) of this AD.
(i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
(ii) If the inspection was done before the effective date of
this AD: Submit the report within 30 days after the effective date
of this AD.
(5) This AD does not adopt paragraph (e) of ANAC AD 2024-04-
03R01.
(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:
<a href="/cdn-cgi/l/email-protection#e1a0acaea2a1878080cf868e97"><span class="__cf_email__" data-cfemail="4d0c00020e0d2b2c2c632a223b">[email protected]</span></a>. Before using any
[[Page 68843]]
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 Hassan Ibrahim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206-231-3653; email:
<a href="/cdn-cgi/l/email-protection#de96bfadadbfb0f093f097bcacbfb6b7b39eb8bfbff0b9b1a8"><span class="__cf_email__" data-cfemail="eba38a98988a85c5a6c5a289998a838286ab8d8a8ac58c849d">[email protected]</span></a>.
(k) 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 2024-04-03R01, effective May 31, 2024.
(ii) [Reserved]
(3) For ANAC material identified 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#56263735166a37763e2433306b" 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
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#2a4c58044344595a4f495e4345446a444b584b044d455c"><span class="__cf_email__" data-cfemail="8ee8fca0e7e0fdfeebedfae7e1e0cee0effcefa0e9e1f8">[email protected]</span></a>.
Issued on August 22, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-19297 Filed 8-27-24; 8:45 am]
BILLING CODE 4910-13-P
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