Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 58295-58299 [2024-15340]

Download as PDF 58295 Proposed Rules Federal Register Vol. 89, No. 138 Thursday, July 18, 2024 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1887; Project Identifier MCAI–2023–01237–T] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2022–25–07, which applies to all Embraer S.A. Model ERJ 170–100 LR, –100 STD, –100 SE, and –100 SU airplanes; and Model ERJ 170–200 LR, –200 SU, –200 STD, and –200 LL airplanes. AD 2022–25–07 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2022–25–07, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would continue to require all actions in AD 2022–25–07 and would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, and certain structural modifications as specified in an Agência Nacional de Aviação 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 proposed AD by September 3, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: khammond on DSKJM1Z7X2PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 15:57 Jul 17, 2024 Jkt 262001 • 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 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–1887; 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 material, 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—São José 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. • For Embraer material, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170—Putim—12227–901 São Jose dos Campos—SP—Brasil; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@ embraer.com.br; internet flyembraer.com. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available at regulations.gov under Docket No. FAA–2024–1887. FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206– 231–3221; email Krista.Greer@faa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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–2024–1887; Project Identifier MCAI–2023–01237–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Krista Greer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206–231–3221; email Krista.Greer@faa.gov. Any commentary that the FAA receives that is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued AD 2022–25–07, Amendment 39–22263 (87 FR 77493, E:\FR\FM\18JYP1.SGM 18JYP1 58296 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Proposed Rules khammond on DSKJM1Z7X2PROD with PROPOSALS December 19, 2022) (AD 2022–25–07), for all Embraer S.A. Model ERJ 170–100 LR, –100 STD, –100 SE, and –100 SU airplanes; and Model ERJ 170–200 LR, –200 SU, –200 STD, and 200 LL airplanes. AD 2022–25–07 was prompted by an MCAI originated by ANAC, which is the aviation authority for Brazil. ANAC issued AD 2022–02– 01, dated February 9, 2022 (ANAC AD 2022–02–01) (which corresponds to FAA AD 2022–25–07), to correct an unsafe condition. AD 2022–25–07 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA issued AD 2022– 25–07 to address fatigue cracking of various principal structural elements (PSEs); such cracking could result in reduced structural integrity of the airplane. AD 2022–25–07 addresses safety-significant latent failures; such failures, in combination with one or more other specified failures or events, could result in a hazardous or catastrophic failure condition of avionics, hydraulic systems, fire detection systems, fuel systems, or other critical systems. Furthermore, AD 2022– 25–07 addresses potential ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions; such failures, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. Actions Since AD 2022–25–07 Was Issued Since the FAA issued AD 2022–25– 07, ANAC superseded AD 2022–02–01 and issued ANAC AD 2023–12–01, effective December 15, 2023 (ANAC AD 2023–12–01) (referred to after this as the MCAI), for certain Embraer S.A. Model ERJ 170–100 LR, –100 SE, –100 STD, and –100 SU airplanes; and Model ERJ 170–200 LR, –200 STD, –200 SU, and –200 LL airplanes. The MCAI states that new or more restrictive airworthiness limitations have been developed for Part 1—Certification Maintenance Requirements, Part 2—Airworthiness Limitation Inspections (ALI)— Structures, Part 3—Fuel System Limitation Items, and Part 4—Life Limited Items of the EMBRAER 170/175 maintenance review board report (MRBR). AD 2022–25–07 superseded AD 2019– 25–16, Amendment 39–21015 (85 FR 453, January 6, 2020) (AD 2019–25–16). AD 2019–25–16 required incorporating Part 1—Certification Maintenance Requirements, Part 2—Airworthiness Limitation Inspections (ALI)— VerDate Sep<11>2014 15:57 Jul 17, 2024 Jkt 262001 Structures, Part 3—Fuel System Limitation Items, and Part 4—Life Limited Items of the EMBRAER 170/175 MRBR. Since AD 2022–25–07 only required incorporating a new Part 2— Airworthiness Limitation Inspections (ALI)—Structures of the EMBRAER 170/ 175 MRBR only terminated Part 2— Airworthiness Limitation Inspections (ALI)—Structures of the EMBRAER 170/ 175 MRBR, as required by AD 2019–25– 16. Therefore, this proposed AD would continue to require the airworthiness limitations specified in paragraphs (g) and (i) of AD 2022–25–07 until the newest airworthiness limitations for Parts 1 through 4 of the EMBRAER 170/ 175 MRBR are incorporated as specified in paragraph (l) of this proposed AD. The MCAI also revised the applicability to specify airplanes having only certain serial numbers rather than all serial numbers are affected. The MCAI noted that airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or after July 14, 2023, must comply with the airworthiness limitations specified as part of the airworthiness certification of those airplanes. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is proposing this AD to address fatigue cracking of various PSEs; such cracking could result in reduced structural integrity of the airplane. The FAA is also proposing this AD to address safety significant latent failures; such failures, in combination with one or more other specified failures or events, could result in a hazardous or catastrophic failure condition of avionics, hydraulic systems, fire detection systems, fuel systems, or other critical systems. Furthermore, the FAA is proposing this AD to address potential ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions; such failures, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2024–1887. Other Relevant Rulemaking ANAC has also issued ANAC AD 2022–05–02, effective May 13, 2022 (ANAC AD 2022–05–02), which corresponds to FAA AD 2022–11–51, Amendment 39–22074 (87 FR 33623, June 3, 2022) (AD 2022–11–51). AD 2022–11–51 applies to certain Embraer PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 S.A. Model ERJ 170–200 STD, ERJ 170– 200 LR, ERJ 170–200 SU, and ERJ 170– 200 LL airplanes. AD 2022–11–51 requires a detailed inspection for cracks of affected wing tip connections, corrective actions if necessary, and revision of the existing maintenance or inspection program. Incorporating MRBR task number 57–30–002–0002, ‘‘Enhanced Wingtip to Wing Spar Attachments—Internal’’ is part of the requirements of paragraph (g) of AD 2022–11–51 and paragraph (h)(6) of AD 2022–11–51 includes exceptions for that task. The FAA issued AD 2022–11–51 to address cracks that could develop on the wing tip connection area that can affect its structural integrity to the point of an in-flight detachment, which, even if sufficient controllability of the airplane is maintained for the safe continuation of the flight, could result in the detached part damaging other airplane parts and affecting controllability, as well as damaging property and injuring persons on the ground. Since all airplanes affected by AD 2022–11–51 already incorporated MRBR task number 57–30–002–0002, this proposed AD does not require incorporating MRBR task number 57– 30–002–0002 as part of the revision of the existing maintenance or inspection program required by paragraphs (i) and (l) of this proposed AD. Related Material Under 1 CFR Part 51 The FAA reviewed ANAC AD 2023– 12–01, effective December 15, 2023. This material specifies new or more restrictive airworthiness limitations for certification maintenance requirements, airplane structures, fuel systems, and safe life limits. This proposed AD would also require ANAC AD 2022–02–01, effective February 9, 2022, which the Director of the Federal Register approved for incorporation by reference as of January 23, 2023 (87 FR 77493, December 19, 2022). This proposed AD would also require Appendix A—Airworthiness Limitations of EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB–1621, Revision 14, dated September 27, 2018; and Embraer Temporary Revision (TR) 14–1, dated November 13, 2018, to Part 4—LifeLimited Items, of Appendix A of EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB– 1621, Revision 14, dated September 27, 2018; which the Director of the Federal Register approved for incorporation by reference as of February 10, 2020 (85 FR 453, January 6, 2020). E:\FR\FM\18JYP1.SGM 18JYP1 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Proposed Rules 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 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 NPRM after determining that the unsafe condition described previously is likely to exist or develop in other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would retain all requirements of AD 2022–25–07. This proposed AD would also require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, which are specified in ANAC AD 2023– 12–01 already described, as proposed for incorporation by reference. Any differences with ANAC AD 2023–12–01 are identified as exceptions in the regulatory text of this AD. This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections) and Critical Design Configuration Control Limitations (CDCCLs). Compliance with these actions and CDCCLs is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance (AMOC) according to paragraph (n)(1) 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 2023–12–01 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with ANAC AD 2023–12–01 through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Material required by ANAC AD 2023–12–01 for compliance will be available at regulations.gov by searching for and locating Docket No. FAA–2024– 1887 after the FAA final rule is published. Airworthiness Limitation ADs Using the New Process The FAA’s process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs (primarily those with service bulletins as the primary source of information for 58297 accomplishing the actions required by the FAA AD). However, the FAA is now expanding the process to include MCAI ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections. For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA requirements are unchanged. Operators must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403(c) and 91.409(e). The previous format of the airworthiness limitation ADs included a paragraph that specified that no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an AMOC in accordance with the procedures specified in the AMOCs paragraph under ‘‘Additional AD Provisions.’’ This new format includes a ‘‘New Provisions for Alternative Actions, Intervals, and CDCCLs’’ paragraph that does not specifically refer to AMOCs, but operators may still request an AMOC to use an alternative action, interval, or CDCCL. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 662 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA estimates the following costs to comply with the retained actions from AD 2022–25–07: ESTIMATED COSTS FOR REQUIRED ACTIONS * Action Labor cost Retained structural modifications ... Parts cost 196 work-hours × $85 per hour = $16,660. $98,860 Cost per product Cost on U.S. operators $115,520 Up to $76,474,240. khammond on DSKJM1Z7X2PROD with PROPOSALS * Table does not include estimated costs for revising the existing maintenance or inspection program. The FAA estimates the total cost per operator for the retained revision of the existing maintenance or inspection program from AD 2022–25–07 to be $7,650 (90 work-hours × $85 per workhour). The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 workhours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or VerDate Sep<11>2014 15:57 Jul 17, 2024 Jkt 262001 inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. The FAA estimates the total cost per operator for the new proposed actions to be $7,650 (90 work-hours × $85 per work-hour). Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 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 E:\FR\FM\18JYP1.SGM 18JYP1 58298 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Proposed Rules 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 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: ■ a. Removing Airworthiness Directive (AD) 2022–25–07, Amendment 39– 22263 (87 FR 77493, December 19, 2022); and ■ b. Adding the following new AD: khammond on DSKJM1Z7X2PROD with PROPOSALS ■ Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.): Docket No. FAA– 2024–1887; Project Identifier MCAI– 2023–01237–T. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by September 3, 2024. VerDate Sep<11>2014 15:57 Jul 17, 2024 Jkt 262001 (b) Affected ADs This AD replaces AD 2022–25–07, Amendment 39–22263 (87 FR 77493, December 19, 2022) (AD 2022–25–07). (c) Applicability This AD applies to Embraer S.A. Model ERJ 170–100 LR, –100 SE, –100 STD, and –100 SU airplanes; and Model ERJ 170–200 LR, –200 STD, –200 SU, and –200 LL airplanes; certificated in any category, with manufacturer serial numbers 17000002, 17000004 through 17000013 inclusive, and 17000015 through 17000948 inclusive. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks. (e) Unsafe Condition This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address fatigue cracking of various principal structural elements (PSEs); such cracking could result in reduced structural integrity of the airplane. The FAA is also issuing this AD to address safety significant latent failures; such failures, in combination with one or more other specified failures or events, could result in a hazardous or catastrophic failure condition of avionics, hydraulic systems, fire detection systems, fuel systems, or other critical systems. Furthermore, the FAA is issuing this AD to address potential ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions; such failures, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Retained Revision of the Existing Maintenance or Inspection Program From AD 2019–25–16, Amendment 39–21015 (85 FR 453, January 6, 2020) (AD 2019–25–16), With No Changes This paragraph restates the requirements of paragraph (g) of AD 2022–25–07, with no changes. For Model ERJ 170–100 LR, –100 STD, –100 SE, and –100 SU airplanes; and Model ERJ 170–200 LR, –200 SU, –200 STD, and –200LL airplanes; manufacturer serial numbers 17000002, 17000004 through 17000013 inclusive, and 17000015 through 17000761 inclusive: Within 90 days after February 10, 2020 (the effective date of AD 2019–25–16), revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in Part 1—Certification Maintenance Requirements, Part 2—Airworthiness Limitation Inspections (ALI)—Structures, Part 3—Fuel System Limitation Items, and Part 4—Life Limited Items; and EMBRAER Temporary Revision (TR) 14–1, dated November 13, 2018, to Part 4—Life Limited Items; of Appendix A of the EMBRAER 170/175 MRBR, MRB–1621, Revision 14, dated September 27, 2018 (EMBRAER 170/175 MRB–1621, Revision PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 14). The initial compliance time for doing the tasks is at the later of the times specified in paragraphs (g)(1) and (2) of this AD. (1) Within the applicable times specified in EMBRAER 170/175 MRB–1621, Revision 14. For the purposes of this AD, the initial compliance times (identified as ‘‘Threshold’’ or ‘‘T’’ in EMBRAER 170/175 MRB–1621, Revision 14) are expressed in ‘‘total flight cycle’’ or ‘‘total flight hours,’’ as applicable. (2) Within 90 days or 600 flight cycles after February 10, 2020 (the effective date of AD 2019–25–16), whichever occurs later. (h) Retained Restrictions on Alternative Actions, Intervals, and CDCCLs, With No Changes This paragraph restates the requirements of paragraph (h) of AD 2022–25–07, with no changes. Except as required by paragraphs (i) and (l) of this AD: After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs may be used unless the actions, intervals, and CDCCLs are approved as an AMOC in accordance with the procedures specified in paragraph (n)(1) of this AD. (i) Retained Revision of the Existing Maintenance or Inspection Program, With No Changes This paragraph restates the requirements of paragraph (i) of AD 2022–25–07, with no changes. For Embraer S.A. Model ERJ 170– 100 LR, –100 STD, –100 SE, and –100 SU airplanes; and Model ERJ 170–200 LR, –200 SU, –200 STD, and –200 LL airplanes: Except as specified in paragraph (j) of this AD, comply with all required actions and compliance times specified in, and in accordance with, ANAC AD 2022–02–01, dated February 9, 2022 (ANAC AD 2022–02– 01). Accomplishing the revision of the existing maintenance or inspection program required by this paragraph terminates the requirements for Part 2—Airworthiness Limitation Inspections (ALI)—Structures specified in paragraph (g) of this AD only. Accomplishing the revision of the existing maintenance or inspection program required by paragraph (l) of this AD terminates the requirements of this paragraph. (j) Retained Exceptions to ANAC AD 2022– 02–01 (1) Where ANAC AD 2022–02–01 refers to its effective date, this AD requires using January 23, 2023 (the effective date of AD 2022–25–07). (2) The ‘‘Alternative method of compliance (AMOC)’’ section of ANAC AD 2022–02–01 does not apply to this AD. (3) Where paragraph (b)(1) of ANAC AD 2022–02–01 specifies incorporating all airworthiness limitations in Part 2 of the material specified in paragraph (b)(1) of ANAC AD 2022–02–01, for this AD, do not incorporate the threshold and interval for maintenance review board report (MRBR) task number 57–30–002–0002, ‘‘Enhanced Wingtip to Wing Spar Attachments— Internal.’’ Note 1 to paragraph (j)(3): AD 2022–11–51, Amendment 39–22074 (87 FR 33623, June 3, 2022) (AD 2022–11–51), requires, among E:\FR\FM\18JYP1.SGM 18JYP1 Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / Proposed Rules other actions, incorporating alternate thresholds and intervals for MRBR task number 57–30–002–0002. The airplanes affected by MRBR task number 57–30–002– 0002 are identified in paragraph (c) of AD 2022–11–51. (k) Retained Provisions for Alternative Actions and Intervals, With a New Exception This paragraph restates the requirements of paragraph (k) of AD 2022–25–07, with no changes. Except as required by paragraph (l) of this AD: After the existing maintenance or inspection program has been revised as required by paragraph (i) of this AD, no alternative actions (e.g., inspections), intervals, or CDCCLs are allowed unless they are approved as specified in paragraph (f) of ANAC AD 2022–02–01. (l) New Revision of the Existing Maintenance or Inspection Program Except as specified in paragraph (m) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, Agência Nacional de Aviação Civil (ANAC) AD 2023–12–01, effective December 15, 2023 (ANAC AD 2023–12–01). Accomplishing the revision of the existing maintenance or inspection program required by this paragraph terminates the requirements in paragraphs (g) and (i) of this AD. khammond on DSKJM1Z7X2PROD with PROPOSALS (m) Exceptions to ANAC AD 2023–12–01 (1) Where ANAC AD 2023–12–01 refers to its effective date, this AD requires using the effective date of this AD. (2) Where paragraph (c) of ANAC AD 2023–12–01 refers to ‘‘no alternative inspections or inspection intervals may be used unless the alternative inspection or interval is published in revisions approved by ANAC of the MRB–1621 which are subsequent to Revision 19, dated July 14th, 2023, or approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (d) of this AD,’’ for this AD, replace that text with ‘‘no alternative actions (e.g., inspections), intervals, and CDCCLs may be used unless the alternative action (e.g., inspection), interval, or CDCCL is published in revisions approved by ANAC of the MRB–1621 which are subsequent to Revision 19, dated July 14th, 2023.’’ (3) This AD does not adopt paragraph (d) of ANAC AD 2023–12–01. (4) Where paragraph (b)(1) of ANAC AD 2023–12–01 specifies incorporating all airworthiness limitations in Part 2 of the service information specified in paragraph (b)(1) of ANAC AD 2023–12–01, for this AD, do not incorporate the threshold and interval for MRBR task number 57–30–002–0002, ‘‘Enhanced Wingtip to Wing Spar Attachments—Internal.’’ Note 2 to paragraph (m)(4): AD 2022–11– 51, requires, among other actions, incorporating alternate thresholds and intervals for MRBR task number 57–30–002– 0002. The airplanes affected by MRBR task number 57–30–002–0002 are identified in paragraph (c) of AD 2022–11–51. VerDate Sep<11>2014 15:57 Jul 17, 2024 Jkt 262001 (n) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (o) of this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. (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. (o) Additional Information For more information about this AD, contact Krista Greer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206– 231–3221; email Krista.Greer@faa.gov. (p) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this material as applicable to do the actions required by this AD, unless this AD specifies otherwise. (3) The following material was approved for IBR on [DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE]. (i) Agência Nacional de Aviação Civil (ANAC) AD 2023–12–01, effective December 15, 2023. (ii) [Reserved] (4) The following material was approved for IBR on January 23, 2023 (87 FR 77493, December 19, 2022). (i) ANAC AD 2022–02–01, effective February 9, 2022. (ii) [Reserved] (5) The following material was approved for IBR on February 10, 2020 (85 FR 453, January 6, 2020). (i) Appendix A—Airworthiness Limitations of EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB–1621, Revision 14, dated September 27, 2018. (ii) Embraer Temporary Revision (TR) 14– 1, dated November 13, 2018, to Part 4—LifeLimited Items, of Appendix A of EMBRAER 170/175 Maintenance Review Board Report (MRBR), MRB–1621, Revision 14, dated September 27, 2018. (6) For ANAC ADs, 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—São José dos Campos—SP, Brazil; telephone 55 (12) 3203– 6600; email pac@anac.gov.br; website PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 58299 anac.gov.br/en/. You may find this ANAC AD on the ANAC website at sistemas.anac.gov.br/certificacao/DA/ DAE.asp. (7) For Embraer material, contact Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170— Putim—12227–901 Sao Jose dos Campos— SP—Brasil; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@embraer.com.br; internet flyembraer.com. (8) 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. (9) 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 July 9, 2024. Peter A. White, Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service. [FR Doc. 2024–15340 Filed 7–17–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2024–1848; Airspace Docket No. 24–ASO–10] RIN 2120–AA66 Amendment and Revocation of Domestic Very High Frequency Omnidirectional Range (VOR) Federal Airways; Eastern United States Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to amend domestic Very High Frequency Omnidirectional Range (VOR) Federal Airways V–3, V–35, V–51, V–97, V–157, V–159, V–225, V–437, V–492, V–521, and V–537 and revocation of VOR Federal Airways V–295, V–529, and V– 601 in the eastern United States. The FAA is taking this action due to the planned decommissioning of the Cypress, FL (CYY), VOR/Distance Measuring Equipment (VOR/DME); the La Belle, FL (LBV), VOR/Tactical Air Navigation (VORTAC); the Pahokee, FL (PHK), VOR/DME; and the Treasure, FL (TRV), VORTAC. This action is in support of the FAA’s VOR Minimum Operational Network (MON) Program. SUMMARY: E:\FR\FM\18JYP1.SGM 18JYP1

Agencies

[Federal Register Volume 89, Number 138 (Thursday, July 18, 2024)]
[Proposed Rules]
[Pages 58295-58299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15340]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 89, No. 138 / Thursday, July 18, 2024 / 
Proposed Rules

[[Page 58295]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1887; Project Identifier MCAI-2023-01237-T]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2022-25-07, which applies to all Embraer S.A. Model ERJ 170-100 LR, -
100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 
SU, -200 STD, and -200 LL airplanes. AD 2022-25-07 requires revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. Since 
the FAA issued AD 2022-25-07, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary. This proposed AD 
would continue to require all actions in AD 2022-25-07 and would 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations, and certain structural modifications 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 proposed AD by September 
3, 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 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1887; 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 material, 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.
     For Embraer material, contact Embraer S.A., Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--Brasil; telephone +55 12 
3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email 
[email protected]; internet flyembraer.com.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available at regulations.gov under 
Docket No. FAA-2024-1887.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
telephone 206-231-3221; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2024-1887; Project Identifier 
MCAI-2023-01237-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Krista Greer, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 206-231-3221; email 
[email protected]. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2022-25-07, Amendment 39-22263 (87 FR 77493,

[[Page 58296]]

December 19, 2022) (AD 2022-25-07), for all Embraer S.A. Model ERJ 170-
100 LR, -100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 
LR, -200 SU, -200 STD, and 200 LL airplanes. AD 2022-25-07 was prompted 
by an MCAI originated by ANAC, which is the aviation authority for 
Brazil. ANAC issued AD 2022-02-01, dated February 9, 2022 (ANAC AD 
2022-02-01) (which corresponds to FAA AD 2022-25-07), to correct an 
unsafe condition.
    AD 2022-25-07 requires revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. The FAA issued AD 2022-25-07 to 
address fatigue cracking of various principal structural elements 
(PSEs); such cracking could result in reduced structural integrity of 
the airplane. AD 2022-25-07 addresses safety-significant latent 
failures; such failures, in combination with one or more other 
specified failures or events, could result in a hazardous or 
catastrophic failure condition of avionics, hydraulic systems, fire 
detection systems, fuel systems, or other critical systems. 
Furthermore, AD 2022-25-07 addresses potential ignition sources inside 
fuel tanks caused by latent failures, alterations, repairs, or 
maintenance actions; such failures, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss of the 
airplane.

Actions Since AD 2022-25-07 Was Issued

    Since the FAA issued AD 2022-25-07, ANAC superseded AD 2022-02-01 
and issued ANAC AD 2023-12-01, effective December 15, 2023 (ANAC AD 
2023-12-01) (referred to after this as the MCAI), for certain Embraer 
S.A. Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU airplanes; 
and Model ERJ 170-200 LR, -200 STD, -200 SU, and -200 LL airplanes. The 
MCAI states that new or more restrictive airworthiness limitations have 
been developed for Part 1--Certification Maintenance Requirements, Part 
2--Airworthiness Limitation Inspections (ALI)--Structures, Part 3--Fuel 
System Limitation Items, and Part 4--Life Limited Items of the EMBRAER 
170/175 maintenance review board report (MRBR).
    AD 2022-25-07 superseded AD 2019-25-16, Amendment 39-21015 (85 FR 
453, January 6, 2020) (AD 2019-25-16). AD 2019-25-16 required 
incorporating Part 1--Certification Maintenance Requirements, Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, Part 3--Fuel 
System Limitation Items, and Part 4--Life Limited Items of the EMBRAER 
170/175 MRBR.
    Since AD 2022-25-07 only required incorporating a new Part 2--
Airworthiness Limitation Inspections (ALI)--Structures of the EMBRAER 
170/175 MRBR only terminated Part 2--Airworthiness Limitation 
Inspections (ALI)--Structures of the EMBRAER 170/175 MRBR, as required 
by AD 2019-25-16.
    Therefore, this proposed AD would continue to require the 
airworthiness limitations specified in paragraphs (g) and (i) of AD 
2022-25-07 until the newest airworthiness limitations for Parts 1 
through 4 of the EMBRAER 170/175 MRBR are incorporated as specified in 
paragraph (l) of this proposed AD.
    The MCAI also revised the applicability to specify airplanes having 
only certain serial numbers rather than all serial numbers are 
affected. The MCAI noted that airplanes with an original airworthiness 
certificate or original export certificate of airworthiness issued on 
or after July 14, 2023, must comply with the airworthiness limitations 
specified as part of the airworthiness certification of those 
airplanes.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address fatigue cracking of various PSEs; such 
cracking could result in reduced structural integrity of the airplane. 
The FAA is also proposing this AD to address safety significant latent 
failures; such failures, in combination with one or more other 
specified failures or events, could result in a hazardous or 
catastrophic failure condition of avionics, hydraulic systems, fire 
detection systems, fuel systems, or other critical systems. 
Furthermore, the FAA is proposing this AD to address potential ignition 
sources inside fuel tanks caused by latent failures, alterations, 
repairs, or maintenance actions; such failures, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane. You may examine the MCAI in the AD 
docket at regulations.gov under Docket No. FAA-2024-1887.

Other Relevant Rulemaking

    ANAC has also issued ANAC AD 2022-05-02, effective May 13, 2022 
(ANAC AD 2022-05-02), which corresponds to FAA AD 2022-11-51, Amendment 
39-22074 (87 FR 33623, June 3, 2022) (AD 2022-11-51). AD 2022-11-51 
applies to certain Embraer S.A. Model ERJ 170-200 STD, ERJ 170-200 LR, 
ERJ 170-200 SU, and ERJ 170-200 LL airplanes. AD 2022-11-51 requires a 
detailed inspection for cracks of affected wing tip connections, 
corrective actions if necessary, and revision of the existing 
maintenance or inspection program. Incorporating MRBR task number 57-
30-002-0002, ``Enhanced Wingtip to Wing Spar Attachments--Internal'' is 
part of the requirements of paragraph (g) of AD 2022-11-51 and 
paragraph (h)(6) of AD 2022-11-51 includes exceptions for that task. 
The FAA issued AD 2022-11-51 to address cracks that could develop on 
the wing tip connection area that can affect its structural integrity 
to the point of an in-flight detachment, which, even if sufficient 
controllability of the airplane is maintained for the safe continuation 
of the flight, could result in the detached part damaging other 
airplane parts and affecting controllability, as well as damaging 
property and injuring persons on the ground.
    Since all airplanes affected by AD 2022-11-51 already incorporated 
MRBR task number 57-30-002-0002, this proposed AD does not require 
incorporating MRBR task number 57-30-002-0002 as part of the revision 
of the existing maintenance or inspection program required by 
paragraphs (i) and (l) of this proposed AD.

Related Material Under 1 CFR Part 51

    The FAA reviewed ANAC AD 2023-12-01, effective December 15, 2023. 
This material specifies new or more restrictive airworthiness 
limitations for certification maintenance requirements, airplane 
structures, fuel systems, and safe life limits.
    This proposed AD would also require ANAC AD 2022-02-01, effective 
February 9, 2022, which the Director of the Federal Register approved 
for incorporation by reference as of January 23, 2023 (87 FR 77493, 
December 19, 2022).
    This proposed AD would also require Appendix A--Airworthiness 
Limitations of EMBRAER 170/175 Maintenance Review Board Report (MRBR), 
MRB-1621, Revision 14, dated September 27, 2018; and Embraer Temporary 
Revision (TR) 14-1, dated November 13, 2018, to Part 4--Life-Limited 
Items, of Appendix A of EMBRAER 170/175 Maintenance Review Board Report 
(MRBR), MRB-1621, Revision 14, dated September 27, 2018; which the 
Director of the Federal Register approved for incorporation by 
reference as of February 10, 2020 (85 FR 453, January 6, 2020).

[[Page 58297]]

    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 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 NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain all requirements of AD 2022-25-07. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate additional new or 
more restrictive airworthiness limitations, which are specified in ANAC 
AD 2023-12-01 already described, as proposed for incorporation by 
reference. Any differences with ANAC AD 2023-12-01 are identified as 
exceptions in the regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance (AMOC) according to 
paragraph (n)(1) 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 2023-12-01 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
ANAC AD 2023-12-01 through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. Material required by ANAC AD 2023-12-01 for compliance 
will be available at regulations.gov by searching for and locating 
Docket No. FAA-2024-1887 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections), intervals, or CDCCLs may be used unless the actions, 
intervals, and CDCCLs are approved as an AMOC in accordance with the 
procedures specified in the AMOCs paragraph under ``Additional AD 
Provisions.'' This new format includes a ``New Provisions for 
Alternative Actions, Intervals, and CDCCLs'' paragraph that does not 
specifically refer to AMOCs, but operators may still request an AMOC to 
use an alternative action, interval, or CDCCL.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 662 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:
    The FAA estimates the following costs to comply with the retained 
actions from AD 2022-25-07:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Retained structural modifications.  196 work-hours x $85          $98,860        $115,520  Up to $76,474,240.
                                     per hour = $16,660.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for revising the existing maintenance or inspection program.

    The FAA estimates the total cost per operator for the retained 
revision of the existing maintenance or inspection program from AD 
2022-25-07 to be $7,650 (90 work-hours x $85 per work-hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate.
    The FAA estimates the total cost per operator for the new proposed 
actions to be $7,650 (90 work-hours x $85 per work-hour).

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

[[Page 58298]]

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:
0
a. Removing Airworthiness Directive (AD) 2022-25-07, Amendment 39-22263 
(87 FR 77493, December 19, 2022); and
0
b. Adding the following new AD:

Embraer S.A. (Type Certificate Previously Held by Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.): Docket No. 
FAA-2024-1887; Project Identifier MCAI-2023-01237-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 3, 2024.

(b) Affected ADs

    This AD replaces AD 2022-25-07, Amendment 39-22263 (87 FR 77493, 
December 19, 2022) (AD 2022-25-07).

(c) Applicability

    This AD applies to Embraer S.A. Model ERJ 170-100 LR, -100 SE, -
100 STD, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 STD, 
-200 SU, and -200 LL airplanes; certificated in any category, with 
manufacturer serial numbers 17000002, 17000004 through 17000013 
inclusive, and 17000015 through 17000948 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking of various principal 
structural elements (PSEs); such cracking could result in reduced 
structural integrity of the airplane. The FAA is also issuing this 
AD to address safety significant latent failures; such failures, in 
combination with one or more other specified failures or events, 
could result in a hazardous or catastrophic failure condition of 
avionics, hydraulic systems, fire detection systems, fuel systems, 
or other critical systems. Furthermore, the FAA is issuing this AD 
to address potential ignition sources inside fuel tanks caused by 
latent failures, alterations, repairs, or maintenance actions; such 
failures, in combination with flammable fuel vapors, could result in 
fuel tank explosions and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection Program 
From AD 2019-25-16, Amendment 39-21015 (85 FR 453, January 6, 2020) (AD 
2019-25-16), With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2022-25-07, with no changes. For Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, -
200 STD, and -200LL airplanes; manufacturer serial numbers 17000002, 
17000004 through 17000013 inclusive, and 17000015 through 17000761 
inclusive: Within 90 days after February 10, 2020 (the effective 
date of AD 2019-25-16), revise the existing maintenance or 
inspection program, as applicable, to incorporate the information 
specified in Part 1--Certification Maintenance Requirements, Part 
2--Airworthiness Limitation Inspections (ALI)--Structures, Part 3--
Fuel System Limitation Items, and Part 4--Life Limited Items; and 
EMBRAER Temporary Revision (TR) 14-1, dated November 13, 2018, to 
Part 4--Life Limited Items; of Appendix A of the EMBRAER 170/175 
MRBR, MRB-1621, Revision 14, dated September 27, 2018 (EMBRAER 170/
175 MRB-1621, Revision 14). The initial compliance time for doing 
the tasks is at the later of the times specified in paragraphs 
(g)(1) and (2) of this AD.
    (1) Within the applicable times specified in EMBRAER 170/175 
MRB-1621, Revision 14. For the purposes of this AD, the initial 
compliance times (identified as ``Threshold'' or ``T'' in EMBRAER 
170/175 MRB-1621, Revision 14) are expressed in ``total flight 
cycle'' or ``total flight hours,'' as applicable.
    (2) Within 90 days or 600 flight cycles after February 10, 2020 
(the effective date of AD 2019-25-16), whichever occurs later.

(h) Retained Restrictions on Alternative Actions, Intervals, and 
CDCCLs, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2022-25-07, with no changes. Except as required by paragraphs (i) 
and (l) of this AD: After the existing maintenance or inspection 
program has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections), intervals, or CDCCLs may be 
used unless the actions, intervals, and CDCCLs are approved as an 
AMOC in accordance with the procedures specified in paragraph (n)(1) 
of this AD.

(i) Retained Revision of the Existing Maintenance or Inspection 
Program, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2022-25-07, with no changes. For Embraer S.A. Model ERJ 170-100 LR, 
-100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 LR, 
-200 SU, -200 STD, and -200 LL airplanes: Except as specified in 
paragraph (j) of this AD, comply with all required actions and 
compliance times specified in, and in accordance with, ANAC AD 2022-
02-01, dated February 9, 2022 (ANAC AD 2022-02-01). Accomplishing 
the revision of the existing maintenance or inspection program 
required by this paragraph terminates the requirements for Part 2--
Airworthiness Limitation Inspections (ALI)--Structures specified in 
paragraph (g) of this AD only. Accomplishing the revision of the 
existing maintenance or inspection program required by paragraph (l) 
of this AD terminates the requirements of this paragraph.

(j) Retained Exceptions to ANAC AD 2022-02-01

    (1) Where ANAC AD 2022-02-01 refers to its effective date, this 
AD requires using January 23, 2023 (the effective date of AD 2022-
25-07).
    (2) The ``Alternative method of compliance (AMOC)'' section of 
ANAC AD 2022-02-01 does not apply to this AD.
    (3) Where paragraph (b)(1) of ANAC AD 2022-02-01 specifies 
incorporating all airworthiness limitations in Part 2 of the 
material specified in paragraph (b)(1) of ANAC AD 2022-02-01, for 
this AD, do not incorporate the threshold and interval for 
maintenance review board report (MRBR) task number 57-30-002-0002, 
``Enhanced Wingtip to Wing Spar Attachments--Internal.''
    Note 1 to paragraph (j)(3): AD 2022-11-51, Amendment 39-22074 
(87 FR 33623, June 3, 2022) (AD 2022-11-51), requires, among

[[Page 58299]]

other actions, incorporating alternate thresholds and intervals for 
MRBR task number 57-30-002-0002. The airplanes affected by MRBR task 
number 57-30-002-0002 are identified in paragraph (c) of AD 2022-11-
51.

(k) Retained Provisions for Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (k) of AD 
2022-25-07, with no changes. Except as required by paragraph (l) of 
this AD: After the existing maintenance or inspection program has 
been revised as required by paragraph (i) of this AD, no alternative 
actions (e.g., inspections), intervals, or CDCCLs are allowed unless 
they are approved as specified in paragraph (f) of ANAC AD 2022-02-
01.

(l) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (m) 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 2023-12-01, effective December 15, 2023 (ANAC AD 
2023-12-01). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements in paragraphs (g) and (i) of this AD.

(m) Exceptions to ANAC AD 2023-12-01

    (1) Where ANAC AD 2023-12-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraph (c) of ANAC AD 2023-12-01 refers to ``no 
alternative inspections or inspection intervals may be used unless 
the alternative inspection or interval is published in revisions 
approved by ANAC of the MRB-1621 which are subsequent to Revision 
19, dated July 14th, 2023, or approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (d) of this AD,'' for this AD, replace that text with ``no 
alternative actions (e.g., inspections), intervals, and CDCCLs may 
be used unless the alternative action (e.g., inspection), interval, 
or CDCCL is published in revisions approved by ANAC of the MRB-1621 
which are subsequent to Revision 19, dated July 14th, 2023.''
    (3) This AD does not adopt paragraph (d) of ANAC AD 2023-12-01.
    (4) Where paragraph (b)(1) of ANAC AD 2023-12-01 specifies 
incorporating all airworthiness limitations in Part 2 of the service 
information specified in paragraph (b)(1) of ANAC AD 2023-12-01, for 
this AD, do not incorporate the threshold and interval for MRBR task 
number 57-30-002-0002, ``Enhanced Wingtip to Wing Spar Attachments--
Internal.''
    Note 2 to paragraph (m)(4): AD 2022-11-51, requires, among other 
actions, incorporating alternate thresholds and intervals for MRBR 
task number 57-30-002-0002. The airplanes affected by MRBR task 
number 57-30-002-0002 are identified in paragraph (c) of AD 2022-11-
51.

(n) Additional AD Provisions

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

(o) Additional Information

    For more information about this AD, contact Krista Greer, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3221; email 
[email protected].

(p) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (3) The following material was approved for IBR on [DATE 35 DAYS 
AFTER PUBLICATION OF THE FINAL RULE].
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-12-01, effective December 15, 2023.
    (ii) [Reserved]
    (4) The following material was approved for IBR on January 23, 
2023 (87 FR 77493, December 19, 2022).
    (i) ANAC AD 2022-02-01, effective February 9, 2022.
    (ii) [Reserved]
    (5) The following material was approved for IBR on February 10, 
2020 (85 FR 453, January 6, 2020).
    (i) Appendix A--Airworthiness Limitations of EMBRAER 170/175 
Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, dated 
September 27, 2018.
    (ii) Embraer Temporary Revision (TR) 14-1, dated November 13, 
2018, to Part 4--Life-Limited Items, of Appendix A of EMBRAER 170/
175 Maintenance Review Board Report (MRBR), MRB-1621, Revision 14, 
dated September 27, 2018.
    (6) For ANAC ADs, 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.
    (7) For Embraer material, contact Embraer S.A., Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 Sao Jose dos Campos--SP--Brasil; telephone +55 12 
3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email 
[email protected]; internet flyembraer.com.
    (8) 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.
    (9) 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 July 9, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-15340 Filed 7-17-24; 8:45 am]
BILLING CODE 4910-13-P
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