Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 253-256 [2023-28850]
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
accordance with, European Union Aviation
Safety Agency (EASA) AD 2023–0087, dated
April 26, 2023 (EASA AD 2023–0087).
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(1) Where EASA AD 2023–0087 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) This AD does not adopt the Remarks
paragraph of EASA AD 2023–0087.
(i) Alternative Methods of Compliance
(AMOCs)
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]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–26–04 Rolls-Royce Deutschland Ltd &
Co KG: Amendment 39–22647; Docket
No. FAA–2023–1892; Project Identifier
MCAI–2023–00626–E.
(a) Effective Date
This airworthiness directive (AD) is
effective February 7, 2024.
(b) Affected ADs
None.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7500, Engine Bleed Air System.
ddrumheller on DSK120RN23PROD with RULES1
(e) Unsafe Condition
This AD was prompted by a determination
that certain intervals for visual inspection of
the intermediate-pressure stage 8 (IP8) air
transfer tubes, high-pressure stage 3 (HP3) air
transfer tubes, and front bearing housing IP8
air feed tubes need to be reduced. The FAA
is issuing this AD to prevent failure of the IP8
and HP3 air transfer tubes and front bearing
housing IP8 air feed tubes. The unsafe
condition, if not addressed, could affect the
engine internal cooling and sealing flows,
resulting in failure of the IP8 air transfer
tubes, HP3 air transfer tubes, and front
bearing housing IP8 air feed tubes, with
consequent damage to the engine and
reduced control of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
Except as specified in paragraph (h) of this
AD: Perform all required actions within the
compliance times specified in, and in
16:21 Jan 02, 2024
(1) The Manager, AIR–520 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 local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the AIR–520 Continued
Operational Safety Branch, send it to the
attention of the person identified in
paragraph (j) of this AD and email to: ANEAD-AMOC@faa.gov.
(2) 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.
(j) Additional Information
(c) Applicability
This AD applies to Rolls-Royce
Deutschland Ltd & Co KG Model Trent 1000–
AE3, Trent 1000–CE3, Trent 1000–D3, Trent
1000–G3, Trent 1000–H3, Trent 1000–J3,
Trent 1000–K3, Trent 1000–L3, Trent 1000–
M3, Trent 1000–N3, Trent 1000–P3, Trent
1000–Q3, and Trent 1000–R3 engines.
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(h) Exceptions to EASA AD 2023–0087
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For more information about this AD,
contact Sungmo Cho, Aviation Safety
Engineer, FAA, 2200 South 216th Street, Des
Moines, WA 98198; phone: (781) 238–7241;
email: sungmo.d.cho@faa.gov.
(k) 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) European Union Aviation Safety Agency
(EASA) AD 2023–0087, dated April 26, 2023.
(ii) [Reserved]
(3) For service information identified in
this AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; phone: +49
221 8999 000; email: ADs@easa.europa.eu;
website: easa.europa.eu. You may find this
EASA AD on the EASA website at
ad.easa.europa.eu.
(4) You may view this service information
at FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(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.
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253
Issued on December 21, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–28861 Filed 1–2–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–2399; Project
Identifier MCAI–2023–00592–T; Amendment
39–22644; AD 2023–26–01]
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: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Embraer S.A. Model ERJ 190–300 and
–400 airplanes. This AD was prompted
by a report that the method for
calculating level-off altitude by the
computerized airplane flight manual
(CAFM), may result in a nonconservative level-off height. This AD
requires revising the existing airplane
flight manual (AFM) to incorporate new
CAFM versions 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 18,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of January 18, 2024
The FAA must receive comments on
this AD by February 20, 2024.
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:
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–2399; 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 street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information identified
in this final rule, 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 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.
It is also available at regulations.gov
under Docket No. FAA–2023–2399.
FOR FURTHER INFORMATION CONTACT:
Joshua Bragg, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 216–316–
6418; email: joshua.k.bragg@faa.gov.
SUPPLEMENTARY INFORMATION:
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Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this final rule. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2023–2399; Project Identifier
MCAI–2023–00592–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the final rule, 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 final rule
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
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16:21 Jan 02, 2024
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will also post a report summarizing each
substantive verbal contact received
about this final rule.
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 AD 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 AD,
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 AD. Submissions containing CBI
should be sent to Joshua Bragg, Aviation
Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY
11590; phone: 216–316–6418; email:
joshua.k.bragg@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 2023–04–02, effective April 11, 2023
(ANAC AD 2023–04–02) (also referred
to as the MCAI), to correct an unsafe
condition for all Embraer S.A. Model
ERJ 190–300 and –400 airplanes. The
MCAI states that the method to calculate
level-off altitude by the CAFM may
result in a non-conservative level-off
height. In case of an engine failure
during a takeoff, the airplane may not be
able to overcome obstacles when the
airport is limited to obstacle clearance
in the acceleration segment. Since this
condition may occur in other airplanes
and affects flight safety, corrective
action is required.
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–2023–2399.
Related Service Information Under 1
CFR Part 51
ANAC AD 2023–04–02 specifies
procedures for updating Supplement 1
of the AFM to incorporate CAFM
version 1.9 or further versions for Model
ERJ 190–300 airplanes or CAFM version
1.5 or further versions for Model ERJ
190–400 airplanes, as approved versions
in the Limitations block. This service
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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
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with this State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
is issuing this AD after determining that
the unsafe condition described
previously is likely to exist or develop
on other products of the same type
design.
Requirements of This AD
This AD requires accomplishing the
actions specified in ANAC AD 2023–
04–02 described previously, except for
any differences identified as exceptions
in the regulatory text of this 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, ANAC AD 2023–04–
02 is incorporated by reference in this
AD. This AD requires compliance with
ANAC AD 2023–04–02 in its entirety
through that incorporation, except for
any differences identified as exceptions
in the regulatory text of this AD. Service
information required by ANAC AD
2023–04–02 for compliance will be
available at regulations.gov under
Docket No. FAA–2023–2399 after this
AD is published.
Justification for Immediate Adoption
and Determination of the Effective Date
Section 553(b)(3)(B) of the
Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies
to dispense with notice and comment
procedures for rules when the agency,
for ‘‘good cause,’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without providing notice and
seeking comment prior to issuance.
Further, section 553(d) of the APA
authorizes agencies to make rules
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effective in less than thirty days, upon
a finding of good cause.
In addition, the FAA finds that good
cause exists pursuant to 5 U.S.C. 553(d)
for making this amendment effective in
less than 30 days, for the same reasons
the FAA found good cause to forgo
notice and comment.
There are currently no domestic
operators of these products.
Accordingly, notice and opportunity for
prior public comment are unnecessary,
pursuant to 5 U.S.C. 553(b)(3)(B). In
addition, for the foregoing reason(s), the
FAA finds that good cause exists
pursuant to 5 U.S.C. 553(d) for making
this amendment effective in less than 30
days.
Regulatory Flexibility Act
The requirements of the Regulatory
Flexibility Act (RFA) do not apply when
an agency finds good cause pursuant to
5 U.S.C. 553 to adopt a rule without
prior notice and comment. Because the
FAA has determined that it has good
cause to adopt this rule without prior
notice and comment, RFA analysis is
not required.
Costs of Compliance
Currently, there are no affected U.S.registered airplanes. If an affected
airplane is imported and placed on the
U.S. Register in the future, the FAA
provides the following cost estimates to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED
ACTIONS
Parts
cost
Labor cost
1 work-hour × $85 per hour =
$85 .......................................
I
$0
Cost per
product
I
$85
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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
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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,
and
(2) Will not affect intrastate aviation
in Alaska.
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2023–26–01 Embraer S.A. (Type Certificate
Previously Held by Yabora˜ Indu´stria
Aerona´utica S.A.; Embraer S.A.):
Amendment 39–22644; Docket No. FAA–
2023–2399; Project Identifier MCAI–2023–
00592–T.
(a) Effective Date
This airworthiness directive (AD) is
effective January 18, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Embraer S.A. (Type
Certificate previously held by Yabora˜
Indu´stria Aerona´utica S.A.; Embraer S.A.)
Model ERJ 190–300 and –400 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 34, Navigation.
(e) Reason
This AD was prompted by a report that the
method for calculating level-off altitude by
the computerized airplane flight manual
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255
(CAFM), for Model ERJ 190–300 and ERJ
190–400 airplanes, may result in a nonconservative level-off height. The FAA is
issuing this AD to address the possibility
that, in the event of an engine failure during
takeoff, an airplane may not be able to
overcome obstacles when the airport is
limited to obstacle clearance in the
acceleration segment.
(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 2023–04–02,
effective April 11, 2023 (ANAC AD 2023–04–
02).
(h) Exceptions to ANAC AD 2023–04–02
(1) Where ANAC AD 2023–04–02 refers to
its effective date, this AD requires using the
effective date of this AD.
(2) Paragraph (c) of ANAC AD 2023–04–02
is not adopted by this AD.
(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, send it to the attention of the person
identified in paragraph (j)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-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) Additional Information
(1) Refer to ANAC AD 2023–04–02,
effective April 11, 2023, for related
information. This ANAC AD may be found in
the AD docket at regulations.gov under
Docket No. FAA–2023–2399.
(2) For more information about this AD,
contact Joshua Bragg, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: 216–316–
6418; email: joshua.k.bragg@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
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Federal Register / Vol. 89, No. 2 / Wednesday, January 3, 2024 / Rules and Regulations
(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 2023–04–02, effective April 11,
2023.
(ii) [Reserved]
(3) For ANAC AD 2023–04–02, 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.
(4) 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.
(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 December 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–28850 Filed 1–2–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–1715; Project
Identifier MCAI–2023–00548–T; Amendment
39–22640; AD 2023–25–13]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Bombardier, Inc., Model CL–600–2B16
(604 Variant) airplanes. This AD was
prompted by a report that some
airplanes were delivered without a
portable protective breathing equipment
(PBE) device located in the left-side
forward wardrobe, flight deck, or
passenger cabin area of the airplane.
This AD requires visually inspecting the
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SUMMARY:
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16:21 Jan 02, 2024
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forward left side cabin area of the
airplane to determine if the portable
PBE device is installed and, if not
installed, requires installing the portable
PBE device along with the associated
placard. The FAA is issuing this AD to
address the unsafe condition on these
products.
DATES: This AD is effective February 7,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of February 7, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2023–1715; 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 service information identified
in this final rule, contact Bombardier
Business Aircraft Customer Response
Center, 400 Coˆte Vertu Road West,
Dorval, Que´bec H4S 1Y9, Canada;
telephone 514 855 2999; email: ac.yul@
aero.bombardier.com; website:
bombardier.com.
• 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. It is also available at
regulations.gov under Docket No. FAA–
2023–1715.
FOR FURTHER INFORMATION 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.
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 Bombardier, Inc., Model
CL–600–2B16 (604 Variant) airplanes.
The NPRM published in the Federal
Register on August 24, 2023 (88 FR
57902). The NPRM was prompted by
AD CF–2023–21, dated March 30, 2023,
issued by Transport Canada, which is
the aviation authority for Canada,
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(referred to after this as the MCAI). The
MCAI states that some airplanes were
delivered without a portable PBE device
located in the left-side forward
wardrobe, or cockpit, or passenger cabin
area of the airplane. The portable PBE
device is required to meet the
certification standards of Transport
Canada and the FAA and provides
protection for crew members when
investigating or combatting a fire in the
cabin. In the NPRM, the FAA proposed
to require visually inspecting the
forward left side cabin area of the
airplane to determine if the portable
PBE device is installed and, if not
installed, would require installing the
portable PBE device along with the
associated placard. 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–2023–1715.
Discussion of Final Airworthiness
Directive
Comments
The following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Request To Add PBE Device Locations
Bombardier requested that the
proposed AD be revised to clarify the
locations of the portable PBE devices.
Bombardier stated that these locations
were specified in Transport Canada AD
CF–2023–21 and Bombardier Service
Bulletin 604–35–008, Revision 02, dated
January 13, 2023.
The FAA agrees to add the specified
locations and has revised the relevant
sections in this AD accordingly.
Request To Clarify Required Service
Bulletin Paragraphs
Bombardier requested that paragraph
(g) of the proposed AD be revised to
change the paragraph reference for
verifying installation of the PBE device
and placard from ‘‘Section 2.B.’’ of the
service information to ‘‘Section 2.B.1.’’
The FAA agrees to change the
paragraph reference as requested and
has revised paragraph (g) of this AD
accordingly. Likewise, where paragraph
(g) of the proposed AD specified
installing those parts in accordance with
‘‘section 2.B.’’ of the service
information, this has been changed to
‘‘paragraph 2.B.(2)’’ in this AD.
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
E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 89, Number 2 (Wednesday, January 3, 2024)]
[Rules and Regulations]
[Pages 253-256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28850]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-2399; Project Identifier MCAI-2023-00592-T;
Amendment 39-22644; AD 2023-26-01]
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: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Embraer S.A. Model ERJ 190-300 and -400 airplanes. This AD was prompted
by a report that the method for calculating level-off altitude by the
computerized airplane flight manual (CAFM), may result in a non-
conservative level-off height. This AD requires revising the existing
airplane flight manual (AFM) to incorporate new CAFM versions 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 18, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 18,
2024
The FAA must receive comments on this AD by February 20, 2024.
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 254]]
p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2399; 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
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For service information identified in this final rule,
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">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 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. It is also available at
regulations.gov under Docket No. FAA-2023-2399.
FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 216-316-6418; email: [email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this final rule. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2023-2399; Project
Identifier MCAI-2023-00592-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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 final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Joshua
Bragg, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 216-316-6418; 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 2023-04-02, effective April 11, 2023 (ANAC AD 2023-04-02) (also
referred to as the MCAI), to correct an unsafe condition for all
Embraer S.A. Model ERJ 190-300 and -400 airplanes. The MCAI states that
the method to calculate level-off altitude by the CAFM may result in a
non-conservative level-off height. In case of an engine failure during
a takeoff, the airplane may not be able to overcome obstacles when the
airport is limited to obstacle clearance in the acceleration segment.
Since this condition may occur in other airplanes and affects flight
safety, corrective action is required.
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-2023-2399.
Related Service Information Under 1 CFR Part 51
ANAC AD 2023-04-02 specifies procedures for updating Supplement 1
of the AFM to incorporate CAFM version 1.9 or further versions for
Model ERJ 190-300 airplanes or CAFM version 1.5 or further versions for
Model ERJ 190-400 airplanes, as approved versions in the Limitations
block. 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
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in ANAC AD
2023-04-02 described previously, except for any differences identified
as exceptions in the regulatory text of this 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,
ANAC AD 2023-04-02 is incorporated by reference in this AD. This AD
requires compliance with ANAC AD 2023-04-02 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Service information required by ANAC
AD 2023-04-02 for compliance will be available at regulations.gov under
Docket No. FAA-2023-2399 after this AD is published.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules
[[Page 255]]
effective in less than thirty days, upon a finding of good cause.
In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forgo notice and
comment.
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the
foregoing reason(s), the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
------------------------------------------------------------------------
Parts Cost per
Labor cost cost product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.................. $0 $85
------------------------------------------------------------------------
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, and
(2) Will not affect intrastate aviation in Alaska.
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:
2023-26-01 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22644; Docket No. FAA-2023-2399; Project
Identifier MCAI-2023-00592-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 18, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.) Model ERJ 190-300 and -400 airplanes, certificated in
any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by a report that the method for calculating
level-off altitude by the computerized airplane flight manual
(CAFM), for Model ERJ 190-300 and ERJ 190-400 airplanes, may result
in a non-conservative level-off height. The FAA is issuing this AD
to address the possibility that, in the event of an engine failure
during takeoff, an airplane may not be able to overcome obstacles
when the airport is limited to obstacle clearance in the
acceleration segment.
(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 2023-04-02, effective April 11, 2023 (ANAC AD 2023-
04-02).
(h) Exceptions to ANAC AD 2023-04-02
(1) Where ANAC AD 2023-04-02 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Paragraph (c) of ANAC AD 2023-04-02 is not adopted by this
AD.
(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, 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) Additional Information
(1) Refer to ANAC AD 2023-04-02, effective April 11, 2023, for
related information. This ANAC AD may be found in the AD docket at
regulations.gov under Docket No. FAA-2023-2399.
(2) For more information about this AD, contact Joshua Bragg,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 216-316-6418; email:
[email protected].
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference
[[Page 256]]
(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 2023-04-02, effective April 11, 2023.
(ii) [Reserved]
(3) For ANAC AD 2023-04-02, 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">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 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.
(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 [email protected].
Issued on December 18, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-28850 Filed 1-2-24; 8:45 am]
BILLING CODE 4910-13-P
