Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.; Empresa Brasileira de Aeronáutica S.A. (EMBRAER)) Airplanes, 87336-87338 [2023-27678]

Download as PDF 87336 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations Service Bulletin 605–35–008, dated October 28, 2022. (h) Parts Installation Prohibition As of the effective date of this AD, no person may install, on any airplane, a passenger oxygen mask lanyard assembly provided with an oxygen box lanyard kit containing a lot number in paragraph (h)(1) or (2) of this AD. (1) Oxygen box lanyard kit part number (P/ N) CDKC29–006–501, lot number 2011007411, 2012010412, 2101018703, 2101035167, 2102030139, 2104003817, or 2105005522. (2) Oxygen box lanyard kit P/N CDKC29– 006–503, lot number 2011029525, 2012006900, 2103007412, or 2103029992. (i) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager, International Validation Branch, mail it to the address identified in paragraph (j)(2) of this AD or email to: 9AVS-AIR-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 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 Transport Canada or Bombardier, Inc.’s Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. khammond on DSKJM1Z7X2PROD with RULES (j) Additional Information (1) Refer to Transport Canada AD CF– 2023–06, dated February 9, 2023, for related information. This Transport Canada AD may be found in the AD docket at regulations.gov under Docket No. FAA–2023–1505. (2) For more information about this AD, contact Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@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 this AD specifies otherwise. (i) Bombardier Service Bulletin 605–35– 008, dated October 28, 2022. (ii) [Reserved] (3) For service information identified in this AD, contact Bombardier Business VerDate Sep<11>2014 16:02 Dec 15, 2023 Jkt 262001 Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9, Canada; telephone 514–855–2999; email ac.yul@aero.bombardier.com; website bombardier.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 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: www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on November 29, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–27679 Filed 12–15–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1807; Project Identifier MCAI–2023–00394–T; Amendment 39–22618; AD 2023–24–02] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yabora˜ Indu´stria Aerona´utica S.A.; Embraer S.A.; Empresa Brasileira de Aerona´utica S.A. (EMBRAER)) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB–135BJ airplanes. This AD was prompted by reports of missing sealant on the rivets installed in the interface between rib 3 and the wing skin. This AD requires applying sealant on the rivets installed in the interface between rib 3 and wing skin, as specified in an Ageˆncia Nacional de Aviac ¸a˜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 January 22, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 22, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 No. FAA–2023–1807; 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: • For material incorporated by reference 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—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 under Docket No. FAA– 2023–1807. FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206–231–3653; email hassan.m.ibrahim@faa.gov. 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 EMB–135BJ airplanes. The NPRM published in the Federal Register on August 30, 2023 (88 FR 59813). The NPRM was prompted by AD 2023–03– 01, effective March 6, 2023, issued by ANAC, which is the aviation authority for Brazil (ANAC AD 2023–03–01) (also referred to as the MCAI). The MCAI states that missing sealant was identified on the rivets installed in the interface between rib 3 and the wing skin in some Embraer Model EMB– 135BJ airplanes. The lack of sealant when a failure on the rivet installation exists may result in a potential ignition source inside the fuel tank during a lightning strike, which, combined with flammable fuel vapors, could result in a E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations fuel tank explosion and consequent loss of the airplane. In the NPRM, the FAA proposed to require applying sealant on the rivets installed in the interface between rib 3 and wing skin, as specified in ANAC AD 2023–03–01. The FAA is issuing this AD to address the unsafe condition on these products. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1807. Discussion of Final Airworthiness Directive Comments The FAA received no comments on the NPRM or on the determination of the cost to the public. 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 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. 87337 Related Service Information Under 1 CFR Part 51 ANAC AD 2023–03–01 specifies procedures for applying sealant on the rivets installed in the interface between rib 3 and wing skin. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance The FAA estimates that this AD affects 10 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Up to 7 work-hours × $85 per hour = $595 ................................... The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. 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. khammond on DSKJM1Z7X2PROD with RULES Jkt 262001 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 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: 2023–24–02 Embraer S.A. (Type Certificate Previously Held by Yabora˜ Indu´stria Aerona´utica S.A.; Embraer S.A.; Empresa Brasileira de Aerona´utica S.A. (EMBRAER)): Amendment 39–22618; PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 Cost on U.S. operators Up to $595 ................................. ■ 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 16:02 Dec 15, 2023 $0 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. § 39.13 Regulatory Findings VerDate Sep<11>2014 Cost per product Parts cost Up to $5,950. Docket No. FAA–2023–1807; Project Identifier MCAI–2023–00394–T. (a) Effective Date This airworthiness directive (AD) is effective January 22, 2024. (b) Affected ADs None. (c) Applicability This AD applies to Embraer S.A. Model EMB–135BJ airplanes, certificated in any category, having serial numbers 14501119 through 14501165 inclusive, 14501167 through 14501215 inclusive, and 14501217 through 14501236 inclusive. (d) Subject Air Transport Association (ATA) of America Code 57, Wings. (e) Unsafe Condition This AD was prompted by reports of missing sealant on the rivets installed in the interface between rib 3 and the wing skin. The FAA is issuing this AD to address the lack of sealant on the rivets, which may result in a potential ignition source inside the fuel tank during a lightning strike when a failure on the rivet installation exists, which, combined with flammable fuel vapors, could result in a fuel tank explosion and consequent 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, Ageˆncia Nacional de Aviac¸a˜o Civil (ANAC) AD 2023–03–01, E:\FR\FM\18DER1.SGM 18DER1 87338 Federal Register / Vol. 88, No. 241 / Monday, December 18, 2023 / Rules and Regulations effective March 6, 2023 (ANAC AD 2023–03– 01). (h) Exceptions to ANAC AD 2023–03–01 (1) Where ANAC AD 2023–03–01 refers to its effective date, this AD requires using the effective date of this AD. (2) This AD does not adopt paragraph (c)(1) of ANAC AD 2023–03–01. (i) No Reporting Requirement Although the service information referenced in ANAC AD 2023–03–01 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (j) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the International Validation Branch, send it to the attention of the person identified in paragraph (k) 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. khammond on DSKJM1Z7X2PROD with RULES (k) Additional Information For more information about this AD, contact Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206– 231–3653; email hassan.m.ibrahim@faa.gov. (l) 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 this AD specifies otherwise. (i) Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2023–03–01, effective March 6, 2023. (ii) [Reserved] (3) For ANAC AD 2023–03–01, contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230—Centro Empresarial Aquarius— Torre B—Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246–190—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 VerDate Sep<11>2014 16:02 Dec 15, 2023 Jkt 262001 sistemas.anac.gov.br/certificacao/DA/ DAE.asp. (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 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 www.archives.gov/federal-register/cfr/ ibr-locations.html or email fr.inspection@ nara.gov. Issued on November 29, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–27678 Filed 12–15–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2023–1329; Airspace Docket No. 23–AEA–2] RIN 2120–AA66 Establishment of United States Area Navigation (RNAV) Routes T–440, T– 455, T–457, T–459, and T–476, and Amendment of RNAV Routes T–358, T– 416, and T–445; Eastern United States Federal Aviation Administration (FAA), DOT. ACTION: Final rule; correction. AGENCY: This action corrects a final rule published by the FAA in the Federal Register on November 24, 2023, that establishes United States Area Navigation (RNAV) routes T–440, T– 455, T–457, T–459, and T–476, and amends RNAV routes T–358, T–416, and T–445 in support of the FAA’s Very High Frequency Omnidirectional Range (VOR) Minimum Operational Network (MON) Program. DATES: Effective date 0901 UTC, January 25, 2024. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. ADDRESSES: A copy of this final rule, and all background material may be viewed online at www.regulations.gov using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. FOR FURTHER INFORMATION CONTACT: Brian Vidis, Rules and Regulations SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: History The FAA published a final rule in the Federal Register (88 FR 82252; November 24, 2023), amending and establishing multiple RNAV T-routes in support of the FAA’s VOR MON Program. Subsequent to publication, the FAA determined that for RNAV route T–358, the SWANN, MD; AVALO, NJ; MANTA, NJ; BURDY, MA; LBSTA, MA; and MESHL, ME, route points were inadvertently identified as WPs, in error. This rule corrects those errors by changing all references to these six points as Fixes. These are editorial changes only to match the FAA’s aeronautical database information. Additionally, the FAA determined that it inadvertently omitted the BEADS, NY, Fix, and the JORDN, NY, Fix, from the part 71 description of RNAV route T–358. The BEADS Fix and the JORDN Fix were part of RNAV route T–358 but were incorrectly calculated to be a turn of less than one degree so they were not originally included in the part 71 description. Subsequent to publication, the FAA determined that the route segment between the MANTA, NJ, Fix and the BEADS Fix was a turn of two degrees; and the route segment between the ORCHA, NY, WP and the JORDN Fix was a turn of one degree, which require that the BEADS and the JORDN Fixes be added to the part 71 description. Adding the BEADS Fix and the JORDN Fix to RNAV route T–358 does not substantially alter the route. In describing the changes to RNAV route T–445, the location of the Westminster, VORTAC was identified in error as ‘‘ME’’ and is corrected from ‘‘Westminster, ME (EMI), VORTAC’’ to ‘‘Westminster, MD, (EMI), VORTAC’’. Correction to Final Rule Accordingly, pursuant to the authority delegated to me, in Docket No. FAA–2023–1329. As published in the Federal Register of November 24, 2023 (88 FR 82252), FR Doc. 2023–25852, is corrected as follows: 1. On page 82253, in the first column, under the heading ‘‘The Rule’’ in the paragraph starting with ‘‘T–358’’, correct ‘‘AVALO, NJ, WP’’ to read ‘‘AVALO, NJ, Fix’’. 2. On page 82253, in the first column, under the heading ‘‘The Rule’’ in the paragraph starting with ‘‘T–358’’, correct ‘‘AVALO WP and the BURDY, MA, WP; and between the LBSTA, MA, WP’’ to read ‘‘AVALO Fix and the E:\FR\FM\18DER1.SGM 18DER1

Agencies

[Federal Register Volume 88, Number 241 (Monday, December 18, 2023)]
[Rules and Regulations]
[Pages 87336-87338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27678]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1807; Project Identifier MCAI-2023-00394-T; 
Amendment 39-22618; AD 2023-24-02]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. (Type Certificate 
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
S.A.; Embraer S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. 
(EMBRAER)) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model EMB-135BJ airplanes. This AD was prompted by 
reports of missing sealant on the rivets installed in the interface 
between rib 3 and the wing skin. This AD requires applying sealant on 
the rivets installed in the interface between rib 3 and wing skin, 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 January 22, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 22, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1807; 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:
     For material incorporated by reference 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 anac.gov.br">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 under Docket No. FAA-2023-1807.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3653; email [email protected].

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 EMB-135BJ airplanes. The NPRM published in the Federal Register 
on August 30, 2023 (88 FR 59813). The NPRM was prompted by AD 2023-03-
01, effective March 6, 2023, issued by ANAC, which is the aviation 
authority for Brazil (ANAC AD 2023-03-01) (also referred to as the 
MCAI). The MCAI states that missing sealant was identified on the 
rivets installed in the interface between rib 3 and the wing skin in 
some Embraer Model EMB-135BJ airplanes. The lack of sealant when a 
failure on the rivet installation exists may result in a potential 
ignition source inside the fuel tank during a lightning strike, which, 
combined with flammable fuel vapors, could result in a

[[Page 87337]]

fuel tank explosion and consequent loss of the airplane.
    In the NPRM, the FAA proposed to require applying sealant on the 
rivets installed in the interface between rib 3 and wing skin, as 
specified in ANAC AD 2023-03-01. The FAA is issuing this AD to address 
the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1807.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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 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.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2023-03-01 specifies procedures for applying sealant on the 
rivets installed in the interface between rib 3 and wing skin.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 10 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 7 work-hours x $85 per hour =              $0  Up to $595...........  Up to $5,950.
 $595.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this AD may be covered under warranty, thereby reducing the cost impact 
on affected operators.

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:

2023-24-02 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER)): 
Amendment 39-22618; Docket No. FAA-2023-1807; Project Identifier 
MCAI-2023-00394-T.

(a) Effective Date

    This airworthiness directive (AD) is effective January 22, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-135BJ airplanes, 
certificated in any category, having serial numbers 14501119 through 
14501165 inclusive, 14501167 through 14501215 inclusive, and 
14501217 through 14501236 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by reports of missing sealant on the rivets 
installed in the interface between rib 3 and the wing skin. The FAA 
is issuing this AD to address the lack of sealant on the rivets, 
which may result in a potential ignition source inside the fuel tank 
during a lightning strike when a failure on the rivet installation 
exists, which, combined with flammable fuel vapors, could result in 
a fuel tank explosion and consequent 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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD 2023-03-01,

[[Page 87338]]

effective March 6, 2023 (ANAC AD 2023-03-01).

(h) Exceptions to ANAC AD 2023-03-01

    (1) Where ANAC AD 2023-03-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt paragraph (c)(1) of ANAC AD 2023-03-
01.

(i) No Reporting Requirement

    Although the service information referenced in ANAC AD 2023-03-
01 specifies to submit certain information to the manufacturer, this 
AD does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k) 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.

(k) Additional Information

    For more information about this AD, contact Hassan Ibrahim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3653; email 
[email protected].

(l) 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 this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-03-01, effective March 6, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-03-01, contact ANAC, Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email 
anac.gov.br">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.
    (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 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 www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected].

    Issued on November 29, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-27678 Filed 12-15-23; 8:45 am]
BILLING CODE 4910-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.