Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 56598-56601 [2022-19908]

Download as PDF 56598 Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Proposed Rules (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by October 31, 2022. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company airplanes specified in paragraphs (c)(1) through (3) of this AD, certificated in any category. (1) Model 707–100 Long Body, –200, –100B Long Body, and –100B Short Body series airplanes. (2) Model 707–300, –300B, –300C, and –400 series airplanes. (3) Model 727, 727C, 727–100, 727–100C, 727–200, and 727–200F series airplanes. (d) Subject Air Transport Association (ATA) of America Code 57, Wings. (e) Unsafe Condition This AD was prompted by a report indicating cracking in fastener holes at the center wing box and at certain positions of the rear spar and lower skin on a Model 737– 300 airplane. A cross model review determined that similar cracking of the fastener holes in the center wing box lower skin could occur on Model 707 and Model 727 airplanes. The FAA is issuing this AD to address cracking in the center wing box lower skin or rear spar lower chord, which could result in the inability of the structure to sustain limit load and adversely affect the structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. lotter on DSK11XQN23PROD with PROPOSALS1 (g) Required Actions for Group 1 Model 727 Airplanes For airplanes identified as Group 1 in Boeing Alert Requirements Bulletin 727– 57A0190 RB, dated September 13, 2021: Within 120 days after the effective date of this AD, inspect the airplane and do all applicable on-condition actions using a method approved in accordance with the procedures specified in paragraph (j) of this AD. (h) Required Actions for Groups 2 and 3 Model 727 Airplanes and All Model 707 Airplanes Except as specified by paragraph (i) of this AD: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing 707 Alert Requirements Bulletin A3544 RB, dated November 1, 2021; or Boeing Alert Requirements Bulletin 727–57A0190 RB, dated September 13, 2021; as applicable, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing 707 Alert Requirements Bulletin A3544 RB, dated November 1, 2021; or Boeing Alert Requirements Bulletin 727–57A0190 RB, dated September 13, 2021, as applicable. Note 1 to paragraph (h): Guidance for accomplishing the actions required by this VerDate Sep<11>2014 16:26 Sep 14, 2022 Jkt 256001 AD can be found in Boeing 707 Alert Service Bulletin A3544, dated November 1, 2021, which is referred to in Boeing 707 Alert Requirements Bulletin A3544 RB, dated November 1, 2021; and Boeing Alert Service Bulletin 727–57A0190, dated September 13, 2021, which is referred to in Boeing Alert Requirements Bulletin 727–57A0190 RB, dated September 13, 2021. (i) Exceptions to Service Information Specifications (1) Where the Compliance Time columns of the tables in the ‘‘Compliance’’ paragraph of Boeing 707 Alert Requirements Bulletin A3544 RB, dated November 1, 2021, uses the phrase ‘‘the original issue date of Requirements Bulletin 707A3544 RB’’ this AD requires using ‘‘the effective date of this AD.’’ (2) Where the Compliance Time columns of the tables in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 727– 57A0190 RB, dated September 13, 2021, uses the phrase ‘‘the original issue date of Requirements Bulletin 727–57A0190 RB’’ this AD requires using ‘‘the effective date of this AD.’’ (3) Where Boeing 707 Alert Requirements Bulletin A3544 RB, dated November 1, 2021, specifies contacting Boeing for repair instructions: This AD requires doing the repair using a method approved in accordance with the procedures specified in paragraph (j) of this AD. (4) Where Boeing Alert Requirements Bulletin 727–57A0190 RB, dated September 13, 2021, specifies contacting Boeing for repair instructions: This AD requires doing the repair using a method approved in accordance with the procedures specified in paragraph (j) of this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO 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 certification office, send it to the attention of the person identified in paragraph (k)(1) of this AD. Information may be emailed to: 9ANM-LAACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (k) Related Information (1) For more information about this AD, contact Sean Newell, Aerospace Engineer, PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627– 5266; email: Sean.M.Newell@faa.gov. (2) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.com. You may view this referenced service information 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. Issued on August 5, 2022. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–19903 Filed 9–14–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1163; Project Identifier MCAI–2022–00571–T] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yabora˜ Indu´stria Aerona´utica S.A.; Embraer S.A.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: 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 reports indicating that certain flight control electrical harnesses were routed incorrectly, providing inadequate separation from other electrical harness installations. This proposed AD would require an inspection of certain flight control electrical harnesses for incorrect routing, and modifying any incorrect electrical harness installations, as specified in an Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD, which is proposed for incorporation by reference. 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 31, 2022. ADDRESSES: You may send comments, using the procedures found in 14 CFR SUMMARY: E:\FR\FM\15SEP1.SGM 15SEP1 Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Proposed Rules 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • 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. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For material that will be incorporated by reference (IBR) in this 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—Sa˜o Jose´ dos Campos—SP, Brazil; telephone 55 (12) 3203–6600; email pac@anac.gov.br; website anac.gov.br/en/. You may find this material on the ANAC website at sistemas.anac.gov.br/certificacao/DA/ DAE.asp. 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 regulations.gov by searching for and locating Docket No. FAA–2022– 1163. lotter on DSK11XQN23PROD with PROPOSALS1 Examining the AD Docket You may examine the AD docket at regulations.gov by searching for and locating 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 NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Hassan M. Ibrahim, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3221; email Hassan.M.Ibrahim@faa.gov. 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. VerDate Sep<11>2014 16:26 Sep 14, 2022 Jkt 256001 FAA–2022–1163; Project Identifier MCAI–2022–00571–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 regulations.gov, 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 M. Ibrahim, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231– 3221; email Hassan.M.Ibrahim@faa.gov. 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 2022–04–01, effective April 29, 2022 (ANAC AD 2022–04–01) (also referred to as the MCAI), to correct an unsafe condition for certain Embraer S.A. Model ERJ 170–100 LR, ERJ 170–100 SE, ERJ 170–100 STD, ERJ 170–100 SU, ERJ 170–200 LR, ERJ 170–200 STD, ERJ 170–200 SU, and ERJ 170–200 LL airplanes. This proposed AD was prompted by reports indicating that flight control electrical harnesses were routed PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 56599 incorrectly on certain airplanes, providing inadequate separation from other electrical harness installations. These other electrical harness installations are considered critical according to the airplanes’ critical design configuration control limits (CDCCLs), which identifies items that can be the source of a fuel tank ignition. The FAA is proposing 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. Related Service Information Under 1 CFR Part 51 ANAC AD 2022–04–01 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 the ADDRESSES section. FAA’s Determination These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with the 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 these same type designs. Proposed AD Requirements in This NPRM This proposed AD would require accomplishing the actions specified in ANAC AD 2022–04–01 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 2022–04–01 by reference in the FAA final rule. This E:\FR\FM\15SEP1.SGM 15SEP1 56600 Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Proposed Rules proposed AD would, therefore, require compliance with ANAC AD 2022–04–01 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 2022–04–01 for compliance will be available at regulations.gov by searching for and locating Docket No. FAA–2022– 1163 after the FAA final rule is published. Costs of Compliance The FAA estimates that this proposed AD would affect 668 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 3 work-hours × $85 per hour = $255 .......................................................................................... $0 $255 $170,340 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 Labor cost Parts cost Cost per product 5 work-hours × $85 per hour = $425 ...................................................................................................................... $0 $425 lotter on DSK11XQN23PROD with PROPOSALS1 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 VerDate Sep<11>2014 16:26 Sep 14, 2022 Jkt 256001 (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. (c) Applicability Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. This AD applies to Embraer S.A. (Type Certificate previously held by Yabora˜ Indu´stria Aerona´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 Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2022–04–01, effective April 29, 2022 (ANAC AD 2022–04–01). The Proposed Amendment (d) Subject List of Subjects in 14 CFR Part 39 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 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. (f) Compliance ■ 2. The FAA amends § 39.13 by adding the following new airworthiness directive: Comply with this AD within the compliance times specified, unless already done. Embraer S.A. (Type Certificate Previously Held by Yabora˜ Indu´stria Aerona´utica S.A.; Embraer S.A.): Docket No. FAA– 2022–1163; Project Identifier MCAI– 2022–00571–T. (g) Requirements (a) Comments Due Date (h) Exceptions to ANAC AD 2022–04–01 The FAA must receive comments on this airworthiness directive (AD) by October 31, 2022. (1) Where ANAC AD 2022–04–01 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Alternative methods of compliance (AMOC)’’ section of ANAC AD 2022–04–01 does not apply to this AD. (b) Affected ADs None. PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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 2022–04–01. E:\FR\FM\15SEP1.SGM 15SEP1 Federal Register / Vol. 87, No. 178 / Thursday, September 15, 2022 / Proposed Rules (i) Additional AD Provisions DEPARTMENT OF TRANSPORTATION 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)(2) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@ faa.gov. 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. (j) Related Information lotter on DSK11XQN23PROD with PROPOSALS1 (1) For ANAC AD 2022–04–01, 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—Sa˜o Jose´ dos Campos—SP, Brazil; telephone 55 (12) 3203– 6600; email pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD on the ANAC website at sistemas.anac.gov.br/certificacao/DA/ DAE.asp. 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. This material may be found in the AD docket at regulations.gov by searching for and locating Docket No. FAA– 2022–1163. (2) For more information about this AD, contact Hassan M. Ibrahim, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3221; email Hassan.M.Ibrahim@ faa.gov. Issued on September 9, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–19908 Filed 9–14–22; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:26 Sep 14, 2022 Jkt 256001 Federal Aviation Administration 14 CFR Chapter I [Docket No. FAA–2022–1203] Draft FAA Policy Regarding Processing Land Use Changes on Federally Acquired or Federally Conveyed Airport Land Federal Aviation Administration (FAA), DOT. ACTION: Proposed policy; request for comments. AGENCY: This notice is directed to airport sponsors, consultants, and other stakeholders regarding a proposed update of the FAA policy and practice regarding processing land use changes on federally acquired or federally conveyed airport land. The updated policy confirms and clarifies the appropriate methods to document FAA’s review and approval or consent for such changes, in light of amendments made by Section 163 of the FAA Reauthorization Act of 2018. This policy clarifies: When reviewing proposed land use changes on federally acquired or federally conveyed airport land, the FAA will review the proposal in its entirety without individually examining components of the proposal as aeronautical or non-aeronautical; a letter of approval or consent is required for a non-aeronautical use or mixed use and the approval or consent will remain in effect for the duration of the lease term; the determination of whether the non-aeronautical use is significant will be based on the primary use of the project; FAA will only release Federal obligations when the airport sponsor proposes the sale or conveyance of federally acquired or federally conveyed airport land that meets FAA release requirements; and, FAA letters of approval or consent and releases will be documented on an airport’s Exhibit A in accordance with the ARP SOP 3.00— FAA Review of Exhibit ‘A’ Airport Property Inventory Maps. This policy should be used in conjunction with FAA Order 5190.6, Airport Compliance Manual, Chapter 22, Releases from Federal Obligations; and FAA Order 5100.38, Airport Improvement Handbook; and any related policy implemented in conjunction and complementary with Airports Planning and Programming (APP) guidance. Additionally, compliance specialists will consult with FAA Environmental Protection Specialists to determine what, if any, environmental obligations under relevant statutes or regulations SUMMARY: PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 56601 may apply to specific land use changes at specific airports. DATES: The FAA will accept public comments on the proposed policy statement for 30 days. Comments must be submitted on or before October 17, 2022. The FAA will consider comments on the proposed policy statement. Any necessary or appropriate revisions resulting from the comments received will be adopted as of the date of a subsequent publication in the Federal Register. You may send comments [identified by Docket Number, FAA 2022–1203] using any of the following methods: • Government-Wide Rulemaking Website: Go to https:// www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12– 140, Routing Symbol M–30, 1200 New Jersey Avenue SE, Washington, DC 20590. • Fax: 1–202–493–2251. • Hand Delivery: To Docket Operations, Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Lorraine Herson-Jones, Manager, Office of Airport Compliance and Management Analysis, ACO–100, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267–3085. SUPPLEMENTARY INFORMATION: ADDRESSES: Background Airport Sponsor Obligations Congress authorized the conveyance of federal surplus property and financial assistance for the acquisition of land where the land is needed for ‘‘airport purposes.’’ See 49 U.S.C. 47107(c)(1). Under the Airport Improvement Act, ‘‘airport purpose’’ means land that ‘‘may be needed for an aeronautical purpose (including runway protection zone) or serves as noise buffer land.’’ Id. Federally conveyed or federally acquired land must be used for airport purposes until the FAA approves or consents to a non-aeronautical use and thereby discharges the sponsor of that obligation. 49 U.S.C. 47153(a), 49 U.S.C. 47125(a), and 49 U.S.C. 47107(c)(2)(B). In addition, Congress requires the FAA to submit an annual report listing airports not in compliance with airport E:\FR\FM\15SEP1.SGM 15SEP1

Agencies

[Federal Register Volume 87, Number 178 (Thursday, September 15, 2022)]
[Proposed Rules]
[Pages 56598-56601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19908]


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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]
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: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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 reports indicating that certain flight control electrical 
harnesses were routed incorrectly, providing inadequate separation from 
other electrical harness installations. This proposed AD would require 
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 proposed for 
incorporation by reference. 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 31, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR

[[Page 56599]]

11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
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 anac.gov.br">[email protected]anac.gov.br; 
website anac.gov.br/en/. You may find this material on the ANAC website 
at sistemas.anac.gov.br/certificacao/DA/DAE.asp. 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 regulations.gov by searching for and 
locating Docket No. FAA-2022-1163.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating 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 NPRM, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Hassan M. Ibrahim, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3221; email 
[email protected].

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-2022-1163; Project Identifier 
MCAI-2022-00571-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 
regulations.gov, 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 M. Ibrahim, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 206-231-3221; email [email protected]. 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 2022-04-01, effective April 29, 2022 (ANAC AD 2022-04-01) (also 
referred to as the MCAI), to correct an unsafe condition for certain 
Embraer S.A. Model ERJ 170-100 LR, ERJ 170-100 SE, ERJ 170-100 STD, ERJ 
170-100 SU, ERJ 170-200 LR, ERJ 170-200 STD, ERJ 170-200 SU, and ERJ 
170-200 LL airplanes.
    This proposed AD was prompted by reports indicating that flight 
control electrical harnesses were routed incorrectly on certain 
airplanes, providing inadequate separation from other electrical 
harness installations. These other electrical harness installations are 
considered critical according to the airplanes' critical design 
configuration control limits (CDCCLs), which identifies items that can 
be the source of a fuel tank ignition. The FAA is proposing 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.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-04-01 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 the ADDRESSES section.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the 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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in ANAC AD 2022-04-01 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 2022-04-01 by reference in the FAA 
final rule. This

[[Page 56600]]

proposed AD would, therefore, require compliance with ANAC AD 2022-04-
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 2022-04-01 for 
compliance will be available at regulations.gov by searching for and 
locating Docket No. FAA-2022-1163 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 668 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
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255         $170,340
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
5 work-hours x $85 per hour = $425....              $0             $425
------------------------------------------------------------------------

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.): Docket No. 
FAA-2022-1163; Project Identifier MCAI-2022-00571-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 31, 2022.

(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 
2022-04-01, effective April 29, 2022 (ANAC AD 2022-04-01).

(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.

(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 2022-04-01.

(h) Exceptions to ANAC AD 2022-04-01

    (1) Where ANAC AD 2022-04-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Alternative methods of compliance (AMOC)'' section of 
ANAC AD 2022-04-01 does not apply to this AD.

[[Page 56601]]

(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)(2) of this AD. Information may be emailed to: [email protected]. 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.

(j) Related Information

    (1) For ANAC AD 2022-04-01, 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 anac.gov.br">[email protected]anac.gov.br; website anac.gov.br/en/. You 
may find this ANAC AD on the ANAC website at sistemas.anac.gov.br/
certificacao/DA/DAE.asp. 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. This material may be 
found in the AD docket at regulations.gov by searching for and 
locating Docket No. FAA-2022-1163.
    (2) For more information about this AD, contact Hassan M. 
Ibrahim, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, 
WA 98198; telephone 206-231-3221; email [email protected].

    Issued on September 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-19908 Filed 9-14-22; 8:45 am]
BILLING CODE 4910-13-P
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