Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 67527-67530 [2024-18634]

Download as PDF Federal Register / Vol. 89, No. 162 / Wednesday, August 21, 2024 / Rules and Regulations § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ 2024–13–07 MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.): Amendment 39– 22781; Docket No. FAA–2024–1006; Project Identifier MCAI–2023–01222–T. (a) Effective Date This airworthiness directive (AD) is effective September 25, 2024. (b) Affected ADs None. (c) Applicability This AD applies to MHI RJ Aviation ULC (Type Certificate previously held by Bombardier, Inc.) Model CL–600–2D15 (Regional Jet Series 705) and Model CL–600– 2D24 (Regional Jet Series 900) airplanes, certificated in any category, as identified in Transport Canada AD CF–2023–76, dated November 28, 2023 (Transport Canada AD CF–2023–76). (d) Subject Air Transport Association (ATA) of America Code 24, Electrical power. (e) Unsafe Condition This AD was prompted by a notice from a supplier reporting that torque wrenches used to install the air driven generator (ADG) downlock cam nut were out of calibration, which resulted in a higher torque level setting than required during the initial production installation of the affected cam nut. The FAA is issuing this AD to address this over-torque condition that could cause the screw and cam to fail. The unsafe condition, if not addressed, could result in the loss of the ADG downlock mechanism functionality on aircraft touchdown which eliminates a critical power source for the aircraft, leaving the flightcrew with the minimum flightdeck displays and difficulty controlling the aircraft. (f) Compliance Comply with this AD within the compliance times specified, unless already done. lotter on DSK11XQN23PROD with RULES1 (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, Transport Canada AD CF– 2023–76. (h) Exceptions to Transport Canada AD CF– 2023–76 (1) Where Transport Canada AD CF–2023– 76 refers to its effective date, this AD requires using the effective date of this AD. (2) Where Transport Canada AD CF–2023– 76 refers to hours air time, this AD requires using flight hours. (i) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International VerDate Sep<11>2014 15:51 Aug 20, 2024 Jkt 262001 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 (j) of this AD. Information may be emailed to: 9-AVS-NYACO-COS@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; Transport Canada; or MHI RJ Aviation ULC’s Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (j) Additional Information For more information about this AD, contact Fatin Saumik, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email Fatin.R.Saumik@faa.gov. (k) 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. (i) Transport Canada AD CF–2023–76, dated November 28, 2023. (ii) [Reserved] (3) For Transport Canada AD CF–2023–76, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888–663–3639; email TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca. You may find this Transport Canada AD on the Transport Canada website at tc.canada.ca/ en/aviation. (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 July 1, 2024. Caitlin Locke, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024–18627 Filed 8–20–24; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 67527 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–0772; Project Identifier MCAI–2023–01203–T; Amendment 39–22789; AD 2024–14–08] 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: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 airplanes. This AD was prompted by a manufacturing quality escape concerning some overheat detection system (ODS) sensing elements. This AD requires inspecting the ODS sensing elements and performing applicable corrective actions, and prohibits the installation of affected parts, as specified in an Agência Nacional de Aviação 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 September 25, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 25, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–0772; 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 ANAC material, 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; phone 55 (12) 3203–6600; email pac@anac.gov.br; website anac.gov.br/en/. You may find SUMMARY: E:\FR\FM\21AUR1.SGM 21AUR1 67528 Federal Register / Vol. 89, No. 162 / Wednesday, August 21, 2024 / Rules and Regulations You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2024–0772. this material on the ANAC website sistemas.anac.gov.br/certificacao/DA/ DAE.asp. • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. It is also available in the AD docket at regulations.gov under Docket No. FAA– 2024–0772. FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 817–222– 5366; email: joshua.k.bragg@faa.gov. SUPPLEMENTARY INFORMATION: Discussion of Final Airworthiness Directive Comments The FAA received comments from Air Line Pilots Association, International (ALPA) who supported the NPRM without change. The FAA received additional comments from two commenters, including Horizon Air and Skywest. The following presents the comments received on the NPRM and the FAA’s response to each comment. Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Embraer S.A. Model ERJ 170–100 LR, –100 SE, –100 STD, and –100 SU airplanes; and Model ERJ 170– 200 LL, –200 LR, –200 STD, and –200 SU airplanes. The NPRM published in the Federal Register on April 2, 2024 (89 FR 22640). The NPRM was prompted by AD 2023–11–01, effective November 21, 2023, issued by ANAC, which is the aviation authority for Brazil (ANAC AD 2023–11–01) (also referred to as the MCAI). The MCAI states a quality escape occurred during manufacturing concerning some ODS sensing elements produced before January 31, 2021. A defective sensing element may not be able to detect a thermal bleed leak, which is a latent failure, and depending on the affected area, may start an ignition source in the fuel tank, which could damage some electronic boxes and expose the wing structure to high temperature gradients and unexpected thermal loads, which could result in reduced structural integrity of the airplane. In the NPRM, the FAA proposed to require inspecting the ODS sensing elements and performing applicable corrective actions, and would prohibit the installation of affected parts, as specified in ANAC AD 2023–11–01. The FAA is issuing this AD to address the unsafe condition on these products. Request for ATA Code Correction Horizon Air requested a change to paragraph (d) of the proposed AD, which identifies the subject as ATA 75, Bleed Air. Horizon Air requested that the final rule identify the subject as ATA 36, Pneumatic System. The FAA agrees and has corrected the subject matter ATA code in this AD. Request for Clarification on Approved Service Bulletin Skywest requested a clarification on paragraph (h)(2) of the proposed AD that requires adding ‘‘in accordance with Embraer Service Bulletin 170–36–0027, revision 04, dated September 5, 2023; or later revisions approved by ANAC.’’ The commenter stated that this statement appears misleading because the approval paragraph in that service bulletin does not state it is ANAC approved, but merely states it does not affect the type design previously approved by ANAC. It appears, for this service bulletin, ANAC issues their approval in a separate document that may not be readily available. The commenter also stated that with the AD as proposed, and without an explicit statement in the service bulletin stating it is ANAC approved, it seems an alternative method of compliance (AMOC) would be required to use any later revision. This service bulletin has also been revised to Revision 05 on April 1, 2024. The FAA provides the following clarification for paragraph (h)(2) of this AD. If the approval statement in the service bulletin does not state it is ANAC approved, the operator can contact Embraer, ANAC, or the FAA to determine if the service bulletin is approved by ANAC. If the approval of the service bulletin can be verified, approval of an AMOC would not be required to use a future revision of the service bulletin. No changes were made to 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 Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Related Material Under 1 CFR Part 51 ANAC AD 2023–11–01 specifies a detailed inspection of the ODS sensing elements of the airplane bleed lines and replacement, if applicable. In addition, ANAC AD 2023–11–01 specifies reactivating ODS sensing elements that were deactivated. Also, ANAC AD 2023–11–01 prohibits installing an affected ODS sensing element, unless it is inspected and one face of the connector hex nut is marked. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance The FAA estimates that this AD affects 70 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: lotter on DSK11XQN23PROD with RULES1 ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 5 work-hours × $85 per hour = $425 .......................................................................................... $0 $425 $29,750 VerDate Sep<11>2014 15:51 Aug 20, 2024 Jkt 262001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\21AUR1.SGM 21AUR1 67529 Federal Register / Vol. 89, No. 162 / Wednesday, August 21, 2024 / Rules and Regulations The FAA estimates the following costs to do any on-condition action that would be required based on the results of any required actions. The FAA has no way of determining the number of aircraft that might need this oncondition action: ESTIMATED COSTS OF ON-CONDITION ACTIONS Labor cost Parts cost Cost per product 2 work-hours × $85 per hour = $170 ...................................................................................................................... $500 $670 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. lotter on DSK11XQN23PROD with RULES1 Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: VerDate Sep<11>2014 15:51 Aug 20, 2024 Jkt 262001 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: ■ 2024–14–08 Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.): Amendment 39–22789; Docket No. FAA–2024–0772; Project Identifier MCAI–2023–01203–T. (a) Effective Date This airworthiness directive (AD) is effective September 25, 2024. (b) Affected ADs None. (c) Applicability This AD applies to Embraer S.A. (Type Certificate previously held by Yaborã Indústria Aeronáutica S.A.) Model ERJ 170– 100 LR, –100 SE, –100 STD, and –100 SU airplanes, and Model ERJ 170–200 LL, –200 LR, –200 STD, and –200 SU airplanes, certificated in any category, as identified in Agência Nacional de Aviação Civil (ANAC) AD 2023–11–01, effective November 21, 2023 (ANAC AD 2023–11–01). (d) Subject Air Transport Association (ATA) of America Code 36, Pneumatic System. (e) Unsafe Condition This AD was prompted by a manufacturing quality escape concerning some overheat detection system (ODS) sensing elements. The FAA is issuing this AD to address defective sensing elements. The unsafe condition, if not addressed, could result in a sensing element not being able to detect a thermal bleed leak, which is a latent failure, and depending on the affected area, may start an ignition source in the fuel tank, which could damage some electronic boxes and expose the wing structure to high temperature gradients and unexpected thermal loads, which could result in reduced structural integrity of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 (g) Requirements Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, ANAC AD 2023–11–01. (h) Exceptions to ANAC AD 2023–11–01 (1) Where ANAC AD 2023–11–01 refers to its effective date, this AD requires using the effective date of this AD. (2) Where paragraphs (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1), of ANAC AD 2023– 11–01 specify to inspect ODS sensing elements at various locations, this AD requires adding ‘‘in accordance with Embraer Service Bulletin 170–36–0027, revision 04, dated September 5, 2023; or later revisions approved by ANAC.’’ (3) Where paragraphs (b) through (h) of ANAC AD 2023–11–01 specify on-condition actions based on the results of the ODS sensing element inspections required by paragraphs (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and(g)(1) of ANAC AD 2023–11–01, this AD requires performing all applicable oncondition actions before further flight after each inspection. (4) This AD does not adopt paragraph (k) of ANAC AD 2023–11–01. (i) Parts Returned to Supplier Where the service information referenced in ANAC AD 2023–11–01 specifies to send removed sensing elements to the supplier, this AD does not include that requirement. (j) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (k) of this AD or email to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or ANAC; or ANAC’s E:\FR\FM\21AUR1.SGM 21AUR1 67530 Federal Register / Vol. 89, No. 162 / Wednesday, August 21, 2024 / Rules and Regulations authorized Designee. If approved by the ANAC Designee, the approval must include the Designee’s authorized signature. (3) Required for Compliance (RC): Except as required by paragraph (j)(2) of this AD, if any service information referenced in ANAC AD 2023–11–01 contains steps in the Accomplishment Instructions or figures that are labeled as RC, the instructions in RC steps, including subparagraphs under an RC step and any figures identified in an RC step, must be done to comply with this AD; any steps including substeps under those steps, that are not identified as RC are recommended. The instructions in steps, including substeps under those steps, not identified as RC may be deviated from using accepted methods in accordance with the operator’s maintenance or inspection program without obtaining approval of an AMOC, provided the instructions identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to instructions identified as RC require approval of an AMOC. If a step or substep is labeled ‘‘RC Exempt,’’ then the RC requirement is removed from that step or substep. (k) Additional Information For more information about this AD, contact Joshua Bragg, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 817–222–5366; email: joshua.k.bragg@faa.gov. lotter on DSK11XQN23PROD with RULES1 (l) 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. (i) Agência Nacional de Aviação Civil (ANAC) AD 2023–11–01, effective November 21, 2023. (ii) [Reserved] (3) For ANAC AD 2023–11–01, contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230—Centro Empresarial Aquarius— Torre B—Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246–190—São José dos Campos—SP, Brazil; phone 55 (12) 3203–6600; email pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD on the ANAC website 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 Street, 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. VerDate Sep<11>2014 15:51 Aug 20, 2024 Jkt 262001 Issued on July 12, 2024. Suzanne Masterson, Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service. [FR Doc. 2024–18634 Filed 8–20–24; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2024–1286; Project Identifier MCAI–2024–00017–T; Amendment 39–22788; AD 2024–14–07] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: Background The FAA is adopting a new airworthiness directive (AD) for all Airbus SAS Model A300 B4–600, B4– 600R, and F4–600R series airplanes, and Model A300 C4–605R Variant F airplanes (collectively called Model A300–600 series airplanes). This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is issuing this AD to address the unsafe condition on these products. SUMMARY: This AD is effective September 25, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of September 25, 2024. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2024–1286; 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. DATES: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Material Incorporated by Reference: • For EASA material identified in this AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at ad.easa.europa.eu. It is also available at regulations.gov under Docket No. FAA– 2024–1286. • 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. FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 206–231– 3225; email: dan.rodina@faa.gov. SUPPLEMENTARY INFORMATION: The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus SAS Model A300 600 series airplanes. The NPRM published in the Federal Register on May 1, 2024 (89 FR 35015). The NPRM was prompted by AD 2024–0003, dated January 5, 2024, issued by EASA, which is the Technical Agent for the Member States of the European Union (EASA AD 2024–0003) (also referred to as the MCAI). The MCAI states that new or more restrictive airworthiness limitations have been developed. EASA AD 2024–0003 specifies that it requires a task (limitation) already in Airbus A300–600 ALS Part 4 Revision 03 that is required by EASA AD 2017– 0202 (which corresponds to FAA AD 2018–18–21, Amendment 39–19400 (83 FR 47054, September 18, 2018) (AD 2018–18–21)), and that incorporation of EASA AD 2024–0003 invalidates (terminates) prior instructions for that task. For Model A300 B4–601, B4–603, B4–620, B4–622, B4–605R, B4–622R, 300 F4–605R, F4–622R, and A300 C4– 605R Variant F airplanes only, this AD therefore terminates the limitations required by paragraph (g) of AD 2018– 18–21 for the tasks identified in the service information referenced in EASA AD 2017–0202 only. In the NPRM, the FAA proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in EASA AD 2024–0003. The FAA is issuing this AD to address the risks associated with the effects of aging on airplane systems. The unsafe E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Rules and Regulations]
[Pages 67527-67530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18634]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0772; Project Identifier MCAI-2023-01203-T; 
Amendment 39-22789; AD 2024-14-08]
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.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 170 airplanes. This AD was prompted by a 
manufacturing quality escape concerning some overheat detection system 
(ODS) sensing elements. This AD requires inspecting the ODS sensing 
elements and performing applicable corrective actions, and prohibits 
the installation of affected parts, 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 September 25, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 
25, 2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0772; 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 ANAC material, 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; phone 55 (12) 3203-6600; email anac.gov.br">pac@anac.gov.br; 
website anac.gov.br/en/. You may find

[[Page 67528]]

this material on the ANAC website sistemas.anac.gov.br/certificacao/DA/
DAE.asp.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
Des Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2024-0772.

FOR FURTHER INFORMATION CONTACT: Joshua Bragg, Aviation Safety 
Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 
817-222-5366; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Embraer S.A. 
Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU airplanes; and 
Model ERJ 170-200 LL, -200 LR, -200 STD, and -200 SU airplanes. The 
NPRM published in the Federal Register on April 2, 2024 (89 FR 22640). 
The NPRM was prompted by AD 2023-11-01, effective November 21, 2023, 
issued by ANAC, which is the aviation authority for Brazil (ANAC AD 
2023-11-01) (also referred to as the MCAI). The MCAI states a quality 
escape occurred during manufacturing concerning some ODS sensing 
elements produced before January 31, 2021. A defective sensing element 
may not be able to detect a thermal bleed leak, which is a latent 
failure, and depending on the affected area, may start an ignition 
source in the fuel tank, which could damage some electronic boxes and 
expose the wing structure to high temperature gradients and unexpected 
thermal loads, which could result in reduced structural integrity of 
the airplane.
    In the NPRM, the FAA proposed to require inspecting the ODS sensing 
elements and performing applicable corrective actions, and would 
prohibit the installation of affected parts, as specified in ANAC AD 
2023-11-01. The FAA is issuing this AD to address the unsafe condition 
on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0772.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.
    The FAA received additional comments from two commenters, including 
Horizon Air and Skywest. The following presents the comments received 
on the NPRM and the FAA's response to each comment.

Request for ATA Code Correction

    Horizon Air requested a change to paragraph (d) of the proposed AD, 
which identifies the subject as ATA 75, Bleed Air. Horizon Air 
requested that the final rule identify the subject as ATA 36, Pneumatic 
System.
    The FAA agrees and has corrected the subject matter ATA code in 
this AD.

Request for Clarification on Approved Service Bulletin

    Skywest requested a clarification on paragraph (h)(2) of the 
proposed AD that requires adding ``in accordance with Embraer Service 
Bulletin 170-36-0027, revision 04, dated September 5, 2023; or later 
revisions approved by ANAC.'' The commenter stated that this statement 
appears misleading because the approval paragraph in that service 
bulletin does not state it is ANAC approved, but merely states it does 
not affect the type design previously approved by ANAC. It appears, for 
this service bulletin, ANAC issues their approval in a separate 
document that may not be readily available. The commenter also stated 
that with the AD as proposed, and without an explicit statement in the 
service bulletin stating it is ANAC approved, it seems an alternative 
method of compliance (AMOC) would be required to use any later 
revision. This service bulletin has also been revised to Revision 05 on 
April 1, 2024.
    The FAA provides the following clarification for paragraph (h)(2) 
of this AD. If the approval statement in the service bulletin does not 
state it is ANAC approved, the operator can contact Embraer, ANAC, or 
the FAA to determine if the service bulletin is approved by ANAC. If 
the approval of the service bulletin can be verified, approval of an 
AMOC would not be required to use a future revision of the service 
bulletin. No changes were made to 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 Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data, considered the 
comments received, and determined that air safety requires adopting 
this AD as proposed. Accordingly, the FAA is issuing this AD to address 
the unsafe condition on this product. Except for minor editorial 
changes, and any other changes described previously, this AD is adopted 
as proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Related Material Under 1 CFR Part 51

    ANAC AD 2023-11-01 specifies a detailed inspection of the ODS 
sensing elements of the airplane bleed lines and replacement, if 
applicable. In addition, ANAC AD 2023-11-01 specifies re-activating ODS 
sensing elements that were deactivated. Also, ANAC AD 2023-11-01 
prohibits installing an affected ODS sensing element, unless it is 
inspected and one face of the connector hex nut is marked.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 70 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425          $29,750
----------------------------------------------------------------------------------------------------------------


[[Page 67529]]

    The FAA estimates the following costs to do any on-condition action 
that would be required based on the results of any required actions. 
The FAA has no way of determining the number of aircraft that might 
need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
2 work-hours x $85 per hour = $170....            $500             $670
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2024-14-08 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.): Amendment 39-22789; Docket No. FAA-2024-0772; Project 
Identifier MCAI-2023-01203-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 25, 
2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. (Type Certificate previously 
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.) 
Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU airplanes, and 
Model ERJ 170-200 LL, -200 LR, -200 STD, and -200 SU airplanes, 
certificated in any category, as identified in Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2023-11-01, 
effective November 21, 2023 (ANAC AD 2023-11-01).

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic 
System.

(e) Unsafe Condition

    This AD was prompted by a manufacturing quality escape 
concerning some overheat detection system (ODS) sensing elements. 
The FAA is issuing this AD to address defective sensing elements. 
The unsafe condition, if not addressed, could result in a sensing 
element not being able to detect a thermal bleed leak, which is a 
latent failure, and depending on the affected area, may start an 
ignition source in the fuel tank, which could damage some electronic 
boxes and expose the wing structure to high temperature gradients 
and unexpected thermal loads, which could result in reduced 
structural integrity of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, ANAC AD 2023-11-01.

(h) Exceptions to ANAC AD 2023-11-01

    (1) Where ANAC AD 2023-11-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraphs (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and 
(g)(1), of ANAC AD 2023-11-01 specify to inspect ODS sensing 
elements at various locations, this AD requires adding ``in 
accordance with Embraer Service Bulletin 170-36-0027, revision 04, 
dated September 5, 2023; or later revisions approved by ANAC.''
    (3) Where paragraphs (b) through (h) of ANAC AD 2023-11-01 
specify on-condition actions based on the results of the ODS sensing 
element inspections required by paragraphs (b)(1), (c)(1), (d)(1), 
(e)(1), (f)(1), and(g)(1) of ANAC AD 2023-11-01, this AD requires 
performing all applicable on-condition actions before further flight 
after each inspection.
    (4) This AD does not adopt paragraph (k) of ANAC AD 2023-11-01.

(i) Parts Returned to Supplier

    Where the service information referenced in ANAC AD 2023-11-01 
specifies to send removed sensing elements to the supplier, this AD 
does not include that requirement.

(j) Additional AD Provisions

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

[[Page 67530]]

authorized Designee. If approved by the ANAC Designee, the approval 
must include the Designee's authorized signature.
    (3) Required for Compliance (RC): Except as required by 
paragraph (j)(2) of this AD, if any service information referenced 
in ANAC AD 2023-11-01 contains steps in the Accomplishment 
Instructions or figures that are labeled as RC, the instructions in 
RC steps, including subparagraphs under an RC step and any figures 
identified in an RC step, must be done to comply with this AD; any 
steps including substeps under those steps, that are not identified 
as RC are recommended. The instructions in steps, including substeps 
under those steps, not identified as RC may be deviated from using 
accepted methods in accordance with the operator's maintenance or 
inspection program without obtaining approval of an AMOC, provided 
the instructions identified as RC can be done and the airplane can 
be put back in an airworthy condition. Any substitutions or changes 
to instructions identified as RC require approval of an AMOC. If a 
step or substep is labeled ``RC Exempt,'' then the RC requirement is 
removed from that step or substep.

(k) Additional Information

    For more information about this AD, contact Joshua Bragg, 
Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, 
WA 98198; phone: 817-222-5366; email: [email protected].

(l) 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.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-11-01, effective November 21, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-11-01, contact ANAC, Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, Brazil; phone 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 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 
Street, 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 July 12, 2024.
Suzanne Masterson,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2024-18634 Filed 8-20-24; 8:45 am]
BILLING CODE 4910-13-P
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