Airworthiness Directives; Embraer S.A. Airplanes, 47092-47095 [2023-15489]
Download as PDF
47092
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Proposed Rules
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by September 5,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to The Boeing Company
Model 757–200, 757–200CB, and 757–300
airplanes, certificated in any category, as
identified in Boeing Alert Requirements
Bulletin 757–53A0120 RB, dated January 17,
2022.
(d) Subject
Air Transport Association (ATA) of
America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by cracks on the
left side and right side of the airplane at
station (STA) 1640 between stringer S–14
and S–15. The FAA is issuing this AD to
address unplugged liner holes that could
create a stress concentration around the
unplugged hole and lead to cracks. The
unsafe condition, if not addressed, could
result in the inability of a structural element
to sustain limit load and could adversely
affect the structural integrity of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(g) Required Actions
Except as specified by paragraph (h) of this
AD: At the applicable times specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 757–53A0120 RB,
dated January 17, 2022, do all applicable
actions identified in, and in accordance with,
the Accomplishment Instructions of Boeing
Alert Requirements Bulletin 757–53A0120
RB, dated January 17, 2022. Actions
identified as terminating action in Boeing
Alert Requirements Bulletin 757–53A0120
RB, dated January 17, 2022, terminate the
applicable required actions of this AD,
provided the terminating action is done in
accordance with the Accomplishment
Instructions of Boeing Alert Requirements
Bulletin 757–53A0120 RB, dated January 17,
2022.
Note 1 to paragraph (g): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin 757–53A0120, dated January 17,
2022, which is referred to in Boeing Alert
Requirements Bulletin 757–53A0120 RB,
dated January 17, 2022.
(h) Exceptions to Service Information
Specifications
(1) Where the Compliance Time columns
of the tables in the ‘‘Compliance’’ paragraph
of Boeing Alert Requirements Bulletin 757–
53A0120 RB, dated January 17, 2022, use the
phrase ‘‘the original issue date of
Requirements Bulletin 757–53A0120 RB,’’
this AD requires using ‘‘the effective date of
this AD.’’
(2) Where Boeing Alert Requirements
Bulletin 757–53A0120 RB, dated January 17,
VerDate Sep<11>2014
18:29 Jul 20, 2023
Jkt 259001
2022, specifies contacting Boeing for repair
instructions: This AD requires doing the
repair before further flight using a method
approved in accordance with the procedures
specified in paragraph (i) of this AD.
(3) For airplanes with winglets installed in
accordance with supplemental type
certificate ST01518SE: This AD requires all
compliance times and repetitive intervals
required by this AD, as specified in the
‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin 757–53A0120 RB,
dated January 17, 2022, to be divided by a
factor of 2.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Continued Operational
Safety 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 (j) of this AD.
Information may be emailed to 9-ANMSeattle-ACO-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.
(j) Related Information
For more information about this AD,
contact Wayne Ha, Aviation Safety Engineer,
FAA, 2200 South 216th Street, Des Moines,
WA 98198; phone: 562–627–5238; email:
wayne.ha@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Requirements Bulletin
757–53A0120 RB, dated January 17, 2022.
(ii) [Reserved]
(3) 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; website
myboeingfleet.com.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
availability of this material at the FAA, call
206–231–3195.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on June 13, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–15292 Filed 7–20–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1504; Project
Identifier MCAI–2023–00473–A]
RIN 2120–AA64
Airworthiness Directives; 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. (Embraer) Model
EMB–505 airplanes. This proposed AD
was prompted by an occurrence of
corrosion on the clutch retaining bolt of
the aileron autopilot servo mount. This
proposed AD would require repetitively
replacing the clutch retaining bolt and
washer of the aileron autopilot servo
mount, as specified in an Ageˆncia
Nacional de Aviac
¸a˜o Civil (ANAC) AD,
which is proposed for incorporation by
reference (IBR). The FAA is proposing
this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments
on this NPRM by September 5, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
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
SUMMARY:
E:\FR\FM\21JYP1.SGM
21JYP1
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Proposed Rules
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1504; 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:
• For ANAC service information that
is proposed for IBR in this NPRM,
contact ANAC, Continuing
Airworthiness Technical Branch
(GTAC), Rua Doutor 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; phone: 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. It is also
available at regulations.gov under
Docket No. FAA–2023–1504.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110.
FOR FURTHER INFORMATION CONTACT: Jim
Rutherford, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329–
4165; email: jim.rutherford@faa.gov.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with PROPOSALS1
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–2023–1504; Project Identifier
MCAI–2023–00473–A’’ 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
VerDate Sep<11>2014
18:29 Jul 20, 2023
Jkt 259001
47093
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.
washer of the aileron autopilot servo
mount.
This service information is reasonably
available because the interested parties
have access to it through their normal
course of business or by the means
identified in ADDRESSES.
Confidential Business Information
FAA’s Determination
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 Jim Rutherford,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590. Any commentary that the
FAA receives which is not specifically
designated as CBI will be placed in the
public docket for this rulemaking.
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 this
State of Design Authority, it has notified
the FAA of the unsafe condition
described in the MCAI described above.
The FAA is issuing this NPRM after
determining that the unsafe condition
described previously is likely to exist or
develop on other products of the same
type design.
Background
The ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2023–02–01R1, effective March 14,
2023 (referred to after this as ‘‘the
MCAI’’), to correct an unsafe condition
on certain serial-numbered Embraer
Model EMB–505 airplanes. The MCAI
states that an occurrence of corrosion
was found on the clutch retaining bolt
of the aileron autopilot servo mount.
This condition could result in failure of
the clutch retaining bolt of the aileron
autopilot servo mount, which could
disengage the clutch from the drive pin
and jam the aileron controls, resulting
in reduced controllability of the
airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2023–1504.
Related Service Information Under 1
CFR Part 51
The FAA reviewed ANAC AD 2023–
02–01R1, which specifies procedures for
replacing the clutch retaining bolt and
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
ANAC AD 2023–02–01R1 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate ANAC AD 2023–02–01R1
by reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with ANAC AD 2023–02–
01R1 in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Service information required by ANAC
AD 2023–02–01R1 for compliance will
be available at regulations.gov under
Docket No. FAA–2023–1504 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 505
airplanes of U.S. registry.
The FAA estimates the following
costs to comply with this proposed AD:
E:\FR\FM\21JYP1.SGM
21JYP1
47094
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Proposed Rules
ESTIMATED COSTS
Action
Labor cost
Parts cost
Replace bolt and washer
1 work-hour × $85 per hour =
$85.
$50
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
Authority for This Rulemaking
PART 39—AIRWORTHINESS
DIRECTIVES
Regulatory Findings
ddrumheller on DSK120RN23PROD with PROPOSALS1
$135 per replacement interval
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, all of the
costs associated with the initial bolt and
washer replacement may be covered
under warranty.
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.
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.
VerDate Sep<11>2014
18:29 Jul 20, 2023
Jkt 259001
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
Embraer S.A.: Docket No. FAA–2023–1504;
Project Identifier MCAI–2023–00473–A.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by September 5,
2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model
EMB–505 airplanes, as identified in Ageˆncia
Nacional de Aviac¸a˜o Civil (ANAC) AD 2023–
02–01R1, effective March 14, 2023 (ANAC
AD 2023–02–01R1), certificated in any
category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 2215, Autopilot Main Servo.
(e) Unsafe Condition
This AD was prompted by an occurrence
of corrosion on the clutch retaining bolt of
the aileron autopilot servo mount. The FAA
is issuing this AD to address the corrosion in
the clutch retaining bolt of the aileron
autopilot servo mount. The unsafe condition,
if not addressed, could result in failure of the
clutch retaining bolt of the aileron autopilot
servo mount, which could disengage the
clutch from the drive pin and jam the aileron
controls, resulting in reduced controllability
of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
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 2023–02–
01R1.
PO 00000
Frm 00036
Fmt 4702
Cost on U.S.
operators
Cost per product
Sfmt 4702
$68,175 per replacement interval.
(h) Exceptions to ANAC AD 2023–02–01R1
(1) Where ANAC AD 2023–02–01R1 refers
to February 6, 2023, the effective date of
ANAC AD 2023–02–01, this AD requires
using the effective date of this AD.
(2) Where ANAC AD 2023–02–01R1
requires replacing a part with a new part, for
the purposes of this AD, ‘‘new’’ means zero
flight hours.
(3) Where the ‘‘NOTE’’ to Table 01 in
ANAC AD 2023–02–01R1 specifies ‘‘If the
airplane operation age and/or the flight hours
criteria change before the SB
accomplishment, the most restrictive criteria
must be obeyed,’’ this AD requires complying
with the most restrictive criteria in Table 01
of ANAC AD 2023–02–01R1.
(4) This AD does not adopt paragraph (d)
of ANAC AD 2023–02–01R1.
(i) No Reporting Requirement
Although the service information
referenced in ANAC AD 2023–02–01R1
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) 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 local
Flight Standards District 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: 9-AVSAIR-730-AMOC@faa.gov. 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 local flight standards district office/
certificate holding district office.
(k) Additional Information
For more information about this AD,
contact Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: (816) 329–
4165; email: jim.rutherford@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Ageˆncia Nacional de Aviac
¸a˜o Civil AD
2023–02–01R1, effective March 14, 2023.
(ii) [Reserved]
E:\FR\FM\21JYP1.SGM
21JYP1
Federal Register / Vol. 88, No. 139 / Friday, July 21, 2023 / Proposed Rules
(3) For ANAC AD 2023–02–01R1, contact
ANAC, Continuing Airworthiness Technical
Branch (GTAC), Rua Doutor 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; phone: 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.
(4) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on
the availability of this material at the FAA,
call (817) 222–5110.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on July 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–15489 Filed 7–20–23; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2022–0605; FRL–11128–
01–R6]
Air Approval Plan; Arkansas; Excess
Emissions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or Act), the
Environmental Protection Agency (EPA)
is proposing to approve two revisions to
the Arkansas State Implementation Plan
(SIP) submitted by the Governor of the
State of Arkansas on May 12, 2022, and
November 1, 2022. The revisions were
submitted in response to a finding of
substantial inadequacy and SIP call
published by EPA on June 12, 2015,
which included certain provisions in
the Arkansas SIP related to excess
emissions during startup, shutdown,
and malfunction (SSM) events. The
submittals request the removal of the
provisions identified in the 2015 SIP
call from the Arkansas SIP. EPA is
proposing to determine that the removal
of these substantially inadequate
provisions from the SIP will correct the
deficiencies in the Arkansas SIP
identified in the June 12, 2015 SIP call.
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
18:29 Jul 20, 2023
Jkt 259001
Comments must be received on
or before August 21, 2023.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2022–0605 at https://
www.regulations.gov or via email to
Shar.Alan@epa.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Mr. Alan Shar, (214) 665–6691,
Shar.Alan@epa.gov. For the full EPA
public comment policy, information
about CBI or multimedia submissions,
and general guidance on making
effective comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6 Office, 1201 Elm
Street, Suite 500, Dallas, Texas 75270.
While all documents in the docket are
listed in the index, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material), and some may not be publicly
available at either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Mr.
Alan Shar, Regional Haze and SO2
Section, EPA Region 6 Office, 1201 Elm
Street, Suite 500, Dallas, Texas 75270,
(214) 665–6691, Shar.Alan@epa.gov. We
encourage the public to submit
comments via https://
www.regulations.gov. Please call or
email the contact listed above if you
need alternative access to material
indexed but not provided in the docket.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
DATES:
47095
III. Proposed Action
IV. Environmental Justice Considerations
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Background
Table of Contents
A. EPA’s 2015 SSM SIP Action
On February 22, 2013, EPA issued a
Federal Register proposed rulemaking
action outlining EPA’s policy at the time
with respect to SIP provisions related to
periods of SSM. EPA analyzed specific
SSM SIP provisions and explained how
each one either did or did not comply
with the CAA with regard to excess
emission events.1 For each SIP
provision that EPA determined to be
inconsistent with the CAA, EPA
proposed to find that the existing SIP
provision was substantially inadequate
to meet CAA requirements and thus
proposed to issue a SIP call under CAA
section 110(k)(5). On September 17,
2014, EPA issued a document
supplementing and revising what the
Agency had previously proposed on
February 22, 2013, in light of a D.C.
Circuit decision that determined the
CAA precludes authority of EPA to
create affirmative defense provisions
applicable to private civil suits. EPA
outlined its updated policy that
affirmative defense SIP provisions are
not consistent with CAA requirements.
EPA proposed in the supplemental
proposal document to apply its revised
interpretation of the CAA to specific
affirmative defense SIP provisions and
proposed SIP calls for those provisions
where appropriate (79 FR 55920,
September 17, 2014).
On June 12, 2015, pursuant to CAA
section 110(k)(5), EPA finalized ‘‘State
Implementation Plans: Response to
Petition for Rulemaking; Restatement
and Update of EPA’s SSM Policy
Applicable to SIPs; Findings of
Substantial Inadequacy; and SIP Calls
To Amend Provisions Applying to
Excess Emissions During Periods of
Startup, Shutdown and Malfunction,’’
(80 FR 33839, June 12, 2015), hereafter
referred to as the ‘‘2015 SSM SIP
Action.’’ The 2015 SSM SIP Action
clarified, restated, and updated EPA’s
interpretation that SSM exemption and
affirmative defense SIP provisions are
inconsistent with CAA requirements.
The 2015 SSM SIP Action found that
certain SIP provisions in 36 states,
including Arkansas, were substantially
inadequate to meet CAA requirements
and issued a SIP call to those states to
I. Background
A. EPA’s 2015 SSM SIP Action
B. Arkansas Regulation 19.1004(H)
Malfunctions, Breakdowns, Upsets and
Regulation 19.602 Emergency Conditions
II. Analysis of SIP Submission
1 State Implementation Plans: Response to
Petition for Rulemaking; Findings of Substantial
Inadequacy; and SIP Calls To Amend Provisions
Applying to Excess Emissions During Periods of
Startup, Shutdown, and Malfunction, 78 FR 12460
(Feb. 22, 2013).
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
E:\FR\FM\21JYP1.SGM
21JYP1
Agencies
[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Proposed Rules]
[Pages 47092-47095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15489]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1504; Project Identifier MCAI-2023-00473-A]
RIN 2120-AA64
Airworthiness Directives; 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. (Embraer) Model EMB-505 airplanes. This
proposed AD was prompted by an occurrence of corrosion on the clutch
retaining bolt of the aileron autopilot servo mount. This proposed AD
would require repetitively replacing the clutch retaining bolt and
washer of the aileron autopilot servo mount, as specified in an
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by September 5, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to 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
[[Page 47093]]
p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1504; 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:
For ANAC service information that is proposed for IBR in
this NPRM, contact ANAC, Continuing Airworthiness Technical Branch
(GTAC), Rua Doutor 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: 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. It is also available at regulations.gov under
Docket No. FAA-2023-1504.
You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call (817) 222-5110.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (816) 329-4165; 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-2023-1504; Project Identifier
MCAI-2023-00473-A'' 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 Jim
Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2023-02-01R1, effective March 14, 2023 (referred to after this
as ``the MCAI''), to correct an unsafe condition on certain serial-
numbered Embraer Model EMB-505 airplanes. The MCAI states that an
occurrence of corrosion was found on the clutch retaining bolt of the
aileron autopilot servo mount. This condition could result in failure
of the clutch retaining bolt of the aileron autopilot servo mount,
which could disengage the clutch from the drive pin and jam the aileron
controls, resulting in reduced controllability of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1504.
Related Service Information Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023-02-01R1, which specifies procedures
for replacing the clutch retaining bolt and washer of the aileron
autopilot servo mount.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
FAA's Determination
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 this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in ANAC AD 2023-02-01R1 described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2023-02-01R1 by reference in the
FAA final rule. This proposed AD would, therefore, require compliance
with ANAC AD 2023-02-01R1 in its entirety through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Service information required by ANAC AD 2023-
02-01R1 for compliance will be available at regulations.gov under
Docket No. FAA-2023-1504 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 505 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
[[Page 47094]]
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
Replace bolt and washer......... 1 work-hour x $85 $50 $135 per $68,175 per
per hour = $85. replacement replacement
interval. interval.
----------------------------------------------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, all of the costs associated
with the initial bolt and washer replacement may be covered under
warranty.
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.: Docket No. FAA-2023-1504; Project Identifier MCAI-
2023-00473-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 5, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-505 airplanes, as
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD 2023-02-01R1, effective March 14, 2023 (ANAC AD 2023-02-
01R1), certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 2215, Autopilot Main
Servo.
(e) Unsafe Condition
This AD was prompted by an occurrence of corrosion on the clutch
retaining bolt of the aileron autopilot servo mount. The FAA is
issuing this AD to address the corrosion in the clutch retaining
bolt of the aileron autopilot servo mount. The unsafe condition, if
not addressed, could result in failure of the clutch retaining bolt
of the aileron autopilot servo mount, which could disengage the
clutch from the drive pin and jam the aileron controls, resulting in
reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
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 2023-02-01R1.
(h) Exceptions to ANAC AD 2023-02-01R1
(1) Where ANAC AD 2023-02-01R1 refers to February 6, 2023, the
effective date of ANAC AD 2023-02-01, this AD requires using the
effective date of this AD.
(2) Where ANAC AD 2023-02-01R1 requires replacing a part with a
new part, for the purposes of this AD, ``new'' means zero flight
hours.
(3) Where the ``NOTE'' to Table 01 in ANAC AD 2023-02-01R1
specifies ``If the airplane operation age and/or the flight hours
criteria change before the SB accomplishment, the most restrictive
criteria must be obeyed,'' this AD requires complying with the most
restrictive criteria in Table 01 of ANAC AD 2023-02-01R1.
(4) This AD does not adopt paragraph (d) of ANAC AD 2023-02-
01R1.
(i) No Reporting Requirement
Although the service information referenced in ANAC AD 2023-02-
01R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) 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 local Flight
Standards District 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: [email protected]. 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 local flight standards district office/
certificate holding district office.
(k) Additional Information
For more information about this AD, contact Jim Rutherford,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329-4165; email:
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil AD
2023-02-01R1, effective March 14, 2023.
(ii) [Reserved]
[[Page 47095]]
(3) For ANAC AD 2023-02-01R1, contact ANAC, Continuing
Airworthiness Technical Branch (GTAC), Rua Doutor 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:
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.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 901
Locust, Kansas City, MO 64106. For information on the availability
of this material at the FAA, call (817) 222-5110.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on July 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-15489 Filed 7-20-23; 8:45 am]
BILLING CODE 4910-13-P