Rule2024-24453
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
October 24, 2024
Effective
November 29, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD was prompted by a manufacturing quality escape concerning certain 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 206 (Thursday, October 24, 2024)</title>
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[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Rules and Regulations]
[Pages 84799-84801]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24453]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 /
Rules and Regulations
[[Page 84799]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1704; Project Identifier MCAI-2023-01204-T;
Amendment 39-22865; AD 2024-20-06]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200
STD, -200 LR, and -200 IGW airplanes. This AD was prompted by a
manufacturing quality escape concerning certain 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 November 29, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 29,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1704; 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 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#0f7f6e6c4f336e2f677d6a6932" 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 at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1704.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 206-231-3221; email: <a href="/cdn-cgi/l/email-protection#e48f968d979085ca8396818196a4828585ca838b92"><span class="__cf_email__" data-cfemail="355e475c4641541b5247505047755354541b525a43">[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 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200
IGW airplanes. The NPRM published in the Federal Register on July 16,
2024 (89 FR 57795). The NPRM was prompted by AD 2023-11-02, effective
November 21, 2023, issued by ANAC, which is the aviation authority for
Brazil (ANAC AD 2023-11-02) (also referred to as the MCAI). The MCAI
states that a quality escape occurred during manufacturing concerning
some ODS sensing elements produced before January 31, 2021.
In the NPRM, the FAA proposed to require inspecting the ODS sensing
elements and performing applicable corrective actions, as specified in
ANAC AD 2023-11-02. The NPRM also proposed to prohibit the installation
of affected parts. 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.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-1704.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
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
comment 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,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Material Incorporated by Reference Under 1 CFR Part 51
ANAC AD 2023-11-02 specifies procedures for a detailed inspection
of the ODS sensing elements of the airplane bleed lines and
replacement, if applicable, and procedures for re-activation of ODS
sensing elements that were deactivated during the detailed inspection.
ANAC AD 2023-11-02 also defines and prohibits the installation of an
affected ODS sensing element unless the affected part passed an
inspection, indicated by a marking on one face of the connector hex
nut.
This material is reasonably available because the interested
parties have access to it through their normal course
[[Page 84800]]
of business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 90 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 26 work-hours x $85 per hour = Up $0 Up to $2,210............... Up to $198,900.
to $2,210.
----------------------------------------------------------------------------------------------------------------
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
------------------------------------------------------------------------
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:
2024-20-06 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.): Amendment
39-22865; Docket No. FAA-2024-1704; Project Identifier MCAI-2023-
01204-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 29,
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 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200 LR, and -
200 STD airplanes, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2023-11-02, effective November 21, 2023 (ANAC AD 2023-11-02).
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a manufacturing quality escape
concerning certain 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 paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, ANAC AD 2023-11-02.
(h) Exceptions to ANAC AD 2023-11-02
(1) Where ANAC AD 2023-11-02 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (b)(1) of ANAC AD 2023-11-02 specifies
``Within 5,000 Flight Hours (FH) or 24 months,'' for this AD,
replace that text with ``Within 7,500 Flight Hours (FH) or 36
months.''
(3) Where paragraphs (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1)
of ANAC AD 2023-11-02 specify ``Within 5,000 FH or 24 months,'' for
this AD, replace that text with ``Within 7,500 FH or 36 months.''
(4) Where paragraphs (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and
(g)(1) of ANAC AD 2023-11-02 specify to inspect ODS sensing elements
at various locations, this AD requires adding ``in accordance with
Embraer Service Bulletin 190-36-0027, Revision 02, dated September
5, 2023; or later revisions approved by ANAC.''
[[Page 84801]]
(5) Where paragraphs (b) through (h) of ANAC AD 2023-11-02
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 2023-11-02, this AD requires
performing all applicable on-condition actions before further flight
after each inspection.
(6) This AD does not adopt paragraph (k) of ANAC AD 2023-11-02.
(7) Where paragraph (l) of ANAC AD 2023-11-02 specifies ``Record
compliance with this [ANAC] AD in the applicable maintenance log
book,'' for this AD, record compliance with this FAA AD.
(i) No Return of Parts Requirement
Although the material referenced in ANAC AD 2023-11-02 specifies
to send removed parts to the manufacturer, this AD does not include
that requirement.
(j) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.
(k) 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 (l) of this AD. Information may be emailed to:
<a href="/cdn-cgi/l/email-protection#7d3c30323e3d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="c1808c8e8281a7a0a0efa6aeb7">[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 required by
paragraphs (i) and (k)(2) of this AD, if any material referenced in
ANAC AD 2023-11-02 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.
(l) Additional Information
For more information about this AD, contact Krista Greer,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206-231-3221; email:
<a href="/cdn-cgi/l/email-protection#6c071e051f180d420b1e09091e2c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="701b02190304115e1702151502301611115e171f06">[email protected]</span></a>.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2023-11-02, effective November 21, 2023.
(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#a5d5c4c6e599c485cdd7c0c398" 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.
(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#197f6b3770776a697c7a6d7076775977786b78377e766f"><span class="__cf_email__" data-cfemail="177165397e7964677274637e7879577976657639707861">[email protected]</span></a>.
Issued on October 4, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-24453 Filed 10-23-24; 8:45 am]
BILLING CODE 4910-13-P
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