Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.) Airplanes, 84799-84801 [2024-24453]
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84799
Rules and Regulations
Federal Register
Vol. 89, No. 206
Thursday, October 24, 2024
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–1704; Project
Identifier MCAI–2023–01204–T; Amendment
39–22865; AD 2024–20–06]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
(Type Certificate Previously Held by
Yaborã Indústria Aeronáutica 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 190–100 STD,
–100 LR, –100 IGW, –200 STD, –200 LR,
and –200 IGW airplanes. This AD was
prompted by a manufacturing quality
escape concerning certain 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 November
29, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 29, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–1704; 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
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:49 Oct 23, 2024
Jkt 265001
(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 identified in
this AD, contact ANAC, Aeronautical
Products Certification Branch (GGCP),
Rua Dr. Orlando Feirabend Filho, 230—
Centro Empresarial Aquarius—Torre
B—Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—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.
• 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–2024–1704.
FOR FURTHER INFORMATION CONTACT:
Krista Greer, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206–231–
3221; email: krista.greer@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would
apply to certain Embraer S.A. Model ERJ
190–100 STD, –100 LR, –100 IGW, –200
STD, –200 LR, and –200 IGW airplanes.
The NPRM published in the Federal
Register on July 16, 2024 (89 FR 57795).
The NPRM was prompted by AD 2023–
11–02, effective November 21, 2023,
issued by ANAC, which is the aviation
authority for Brazil (ANAC AD 2023–
11–02) (also referred to as the MCAI).
The MCAI states that a quality escape
occurred during manufacturing
concerning some ODS sensing elements
produced before January 31, 2021.
In the NPRM, the FAA proposed to
require inspecting the ODS sensing
elements and performing applicable
corrective actions, as specified in ANAC
AD 2023–11–02. The NPRM also
proposed to prohibit the installation of
affected parts. The FAA is issuing this
AD to address defective sensing
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–1704.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
Air Line Pilots Association,
International (ALPA), who supported
the NPRM without change.
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 comment 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, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Material Incorporated by Reference
Under 1 CFR Part 51
ANAC AD 2023–11–02 specifies
procedures for a detailed inspection of
the ODS sensing elements of the
airplane bleed lines and replacement, if
applicable, and procedures for reactivation of ODS sensing elements that
were deactivated during the detailed
inspection. ANAC AD 2023–11–02 also
defines and prohibits the installation of
an affected ODS sensing element unless
the affected part passed an inspection,
indicated by a marking on one face of
the connector hex nut.
This material is reasonably available
because the interested parties have
access to it through their normal course
E:\FR\FM\24OCR1.SGM
24OCR1
84800
Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Rules and Regulations
Costs of Compliance
of business or by the means identified
in the ADDRESSES section.
The FAA estimates that this AD
affects 90 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
Up to 26 work-hours × $85 per hour = Up to $2,210 .................
$0
Up to $2,210 ............................
The FAA estimates the following
costs to do any necessary on-condition
action that would be required based on
the results of any required actions. The
FAA has no way of determining the
Cost on U.S. operators
Up to $198,900.
number of aircraft that might need this
on-condition action:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per
product
2 work-hours × $85 per hour = $170 ..............................................................................................................................
$500
$670
lotter on DSK11XQN23PROD with RULES1
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.
VerDate Sep<11>2014
16:50 Oct 23, 2024
Jkt 265001
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2024–20–06 Embraer S.A. (Type Certificate
Previously Held by Yaborã Indústria
Aeronáutica S.A.): Amendment 39–
22865; Docket No. FAA–2024–1704;
Project Identifier MCAI–2023–01204–T.
(a) Effective Date
This airworthiness directive (AD) is
effective November 29, 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 190–
100 IGW, –100 LR, –100 STD, –200 IGW,
–200 LR, and –200 STD airplanes,
certificated in any category, as identified in
Agência Nacional de Aviação Civil (ANAC)
AD 2023–11–02, effective November 21, 2023
(ANAC AD 2023–11–02).
(d) Subject
Air Transport Association (ATA) of
America Code 28, Fuel.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
(e) Unsafe Condition
This AD was prompted by a manufacturing
quality escape concerning certain 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 paragraphs (h) and
(i) of this AD: Comply with all required
actions and compliance times specified in,
and in accordance with, ANAC AD 2023–11–
02.
(h) Exceptions to ANAC AD 2023–11–02
(1) Where ANAC AD 2023–11–02 refers to
its effective date, this AD requires using the
effective date of this AD.
(2) Where paragraph (b)(1) of ANAC AD
2023–11–02 specifies ‘‘Within 5,000 Flight
Hours (FH) or 24 months,’’ for this AD,
replace that text with ‘‘Within 7,500 Flight
Hours (FH) or 36 months.’’
(3) Where paragraphs (c)(1), (d)(1), (e)(1),
(f)(1), and (g)(1) of ANAC AD 2023–11–02
specify ‘‘Within 5,000 FH or 24 months,’’ for
this AD, replace that text with ‘‘Within 7,500
FH or 36 months.’’
(4) Where paragraphs (b)(1), (c)(1), (d)(1),
(e)(1), (f)(1), and (g)(1) of ANAC AD 2023–
11–02 specify to inspect ODS sensing
elements at various locations, this AD
requires adding ‘‘in accordance with Embraer
Service Bulletin 190–36–0027, Revision 02,
dated September 5, 2023; or later revisions
approved by ANAC.’’
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Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Rules and Regulations
(5) Where paragraphs (b) through (h) of
ANAC AD 2023–11–02 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 2023–11–02, this AD
requires performing all applicable oncondition actions before further flight after
each inspection.
(6) This AD does not adopt paragraph (k)
of ANAC AD 2023–11–02.
(7) Where paragraph (l) of ANAC AD 2023–
11–02 specifies ‘‘Record compliance with
this [ANAC] AD in the applicable
maintenance log book,’’ for this AD, record
compliance with this FAA AD.
(i) No Return of Parts Requirement
Although the material referenced in ANAC
AD 2023–11–02 specifies to send removed
parts to the manufacturer, this AD does not
include that requirement.
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(j) Special Flight Permit
Special flight permits, as described in 14
CFR 21.197 and 21.199, are not allowed.
(k) 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 (l) of this AD. Information may be
emailed to: AMOC@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the responsible
Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or ANAC; or ANAC’s
authorized Designee. If approved by the
ANAC Designee, the approval must include
the Designee’s authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraphs (i) and (k)(2) of this
AD, if any material referenced in ANAC AD
2023–11–02 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
VerDate Sep<11>2014
15:49 Oct 23, 2024
Jkt 265001
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.
(l) Additional Information
For more information about this AD,
contact Krista Greer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: 206–231–
3221; email: krista.greer@faa.gov.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference 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 2023–11–02, effective November
21, 2023.
(ii) [Reserved]
(3) For ANAC material identified in this
AD, contact ANAC, Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230—Centro Empresarial
Aquarius—Torre B—Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246–190—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.
(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.
Issued on October 4, 2024.
Peter A. White,
Deputy Director, Integrated Certificate
Management Division, Aircraft Certification
Service.
[FR Doc. 2024–24453 Filed 10–23–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–1892; Project
Identifier MCAI–2024–00198–T; Amendment
39–22860; AD 2024–20–01]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
84801
The FAA is superseding
Airworthiness Directive (AD) 2023–07–
13 which applied to certain Airbus SAS
Model A350–941 and –1041 airplanes.
AD 2023–07–13 required repetitive
detailed inspections of the lower
attachment studs on the AFT galley
complex and, depending on findings,
replacement of the lower attachment
studs. This AD was prompted by a
determination that additional airplanes
are affected, and that all affected parts
must be replaced with serviceable parts.
This AD continues to require the actions
in AD 2023–07–13, adds airplanes to the
applicability, and requires the
replacement of all affected parts; as
specified in European Union Aviation
Safety Agency (EASA) 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 November
29, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of November 29, 2024.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–1892; 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 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.
• 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–2024–1892.
FOR FURTHER INFORMATION CONTACT: Dat
Le, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone 516–228–7300;
email dat.v.le@faa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\24OCR1.SGM
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Agencies
[Federal Register Volume 89, Number 206 (Thursday, October 24, 2024)]
[Rules and Regulations]
[Pages 84799-84801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24453]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 /
Rules and Regulations
[[Page 84799]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-1704; Project Identifier MCAI-2023-01204-T;
Amendment 39-22865; AD 2024-20-06]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
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 190-100 STD, -100 LR, -100 IGW, -200
STD, -200 LR, and -200 IGW airplanes. This AD was prompted by a
manufacturing quality escape concerning certain 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 November 29, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 29,
2024.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-1704; 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 identified in this AD, contact ANAC,
Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 14
a 18, Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email
anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this material on
the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available at regulations.gov under
Docket No. FAA-2024-1704.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 206-231-3221; 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 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200
IGW airplanes. The NPRM published in the Federal Register on July 16,
2024 (89 FR 57795). The NPRM was prompted by AD 2023-11-02, effective
November 21, 2023, issued by ANAC, which is the aviation authority for
Brazil (ANAC AD 2023-11-02) (also referred to as the MCAI). The MCAI
states that a quality escape occurred during manufacturing concerning
some ODS sensing elements produced before January 31, 2021.
In the NPRM, the FAA proposed to require inspecting the ODS sensing
elements and performing applicable corrective actions, as specified in
ANAC AD 2023-11-02. The NPRM also proposed to prohibit the installation
of affected parts. 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.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-1704.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
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
comment 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,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Material Incorporated by Reference Under 1 CFR Part 51
ANAC AD 2023-11-02 specifies procedures for a detailed inspection
of the ODS sensing elements of the airplane bleed lines and
replacement, if applicable, and procedures for re-activation of ODS
sensing elements that were deactivated during the detailed inspection.
ANAC AD 2023-11-02 also defines and prohibits the installation of an
affected ODS sensing element unless the affected part passed an
inspection, indicated by a marking on one face of the connector hex
nut.
This material is reasonably available because the interested
parties have access to it through their normal course
[[Page 84800]]
of business or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 90 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 26 work-hours x $85 per hour = Up $0 Up to $2,210............... Up to $198,900.
to $2,210.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary 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:
2024-20-06 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.): Amendment
39-22865; Docket No. FAA-2024-1704; Project Identifier MCAI-2023-
01204-T.
(a) Effective Date
This airworthiness directive (AD) is effective November 29,
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 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200 LR, and -
200 STD airplanes, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2023-11-02, effective November 21, 2023 (ANAC AD 2023-11-02).
(d) Subject
Air Transport Association (ATA) of America Code 28, Fuel.
(e) Unsafe Condition
This AD was prompted by a manufacturing quality escape
concerning certain 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 paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, ANAC AD 2023-11-02.
(h) Exceptions to ANAC AD 2023-11-02
(1) Where ANAC AD 2023-11-02 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where paragraph (b)(1) of ANAC AD 2023-11-02 specifies
``Within 5,000 Flight Hours (FH) or 24 months,'' for this AD,
replace that text with ``Within 7,500 Flight Hours (FH) or 36
months.''
(3) Where paragraphs (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1)
of ANAC AD 2023-11-02 specify ``Within 5,000 FH or 24 months,'' for
this AD, replace that text with ``Within 7,500 FH or 36 months.''
(4) Where paragraphs (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and
(g)(1) of ANAC AD 2023-11-02 specify to inspect ODS sensing elements
at various locations, this AD requires adding ``in accordance with
Embraer Service Bulletin 190-36-0027, Revision 02, dated September
5, 2023; or later revisions approved by ANAC.''
[[Page 84801]]
(5) Where paragraphs (b) through (h) of ANAC AD 2023-11-02
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 2023-11-02, this AD requires
performing all applicable on-condition actions before further flight
after each inspection.
(6) This AD does not adopt paragraph (k) of ANAC AD 2023-11-02.
(7) Where paragraph (l) of ANAC AD 2023-11-02 specifies ``Record
compliance with this [ANAC] AD in the applicable maintenance log
book,'' for this AD, record compliance with this FAA AD.
(i) No Return of Parts Requirement
Although the material referenced in ANAC AD 2023-11-02 specifies
to send removed parts to the manufacturer, this AD does not include
that requirement.
(j) Special Flight Permit
Special flight permits, as described in 14 CFR 21.197 and
21.199, are not allowed.
(k) 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 (l) of this AD. Information may be emailed to:
[email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If
approved by the ANAC Designee, the approval must include the
Designee's authorized signature.
(3) Required for Compliance (RC): Except as required by
paragraphs (i) and (k)(2) of this AD, if any material referenced in
ANAC AD 2023-11-02 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.
(l) Additional Information
For more information about this AD, contact Krista Greer,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206-231-3221; email:
[email protected].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 2023-11-02, effective November 21, 2023.
(ii) [Reserved]
(3) For ANAC material identified in this AD, contact ANAC,
Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230--Centro Empresarial Aquarius--Torre B--Andares
14 a 18, Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600;
email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this
material on the ANAC website at sistemas.anac.gov.br/certificacao/
DA/DAE.asp.
(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 October 4, 2024.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2024-24453 Filed 10-23-24; 8:45 am]
BILLING CODE 4910-13-P