[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Proposed Rules]
[Pages 11830-11833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03625]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1163; Project Identifier MCAI-2022-00571-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: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 
that would have applied to certain Embraer S.A. Model ERJ 170 
airplanes. This action revises the NPRM by adding airplanes to the 
applicability. The FAA is proposing this airworthiness directive (AD) 
to address the unsafe condition on these products. Since these actions 
would impose an additional burden over those in the NPRM, the FAA is 
requesting comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by April 10, 2023.

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-2022-1163; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains the NPRM, this SNPRM, 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 material that is proposed for incorporation by 
reference in this SNPRM, contact National Civil Aviation Agency (ANAC), 
Aeronautical Products Certification Branch (GGCP), Rua Dr.

[[Page 11831]]

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. It is also available at regulations.gov under Docket No. FAA-
2022-1163.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Hassan M. Ibrahim, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3653; 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-2022-1163; Project Identifier 
MCAI-2022-00571-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 SNPRM.

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 SNPRM 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 SNPRM, 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 SNPRM. Submissions containing CBI should 
be sent to Hassan M. Ibrahim, Aerospace Engineer, Large Aircraft 
Section, FAA, International Validation Branch, 2200 South 216th St., 
Des Moines, WA 98198; telephone 206-231-3653; email 
[email protected]. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD that 
would apply to certain Embraer S.A. Model ERJ 170 airplanes. The NPRM 
published in the Federal Register on September 15, 2022 (87 FR 56598). 
The NPRM was prompted by AD 2022-04-01, effective April 29, 2022 (ANAC 
AD 2022-04-01), issued by ANAC, which is the aviation authority for 
Brazil. ANAC AD 2022-04-01 states that certain flight control 
electrical harnesses were routed incorrectly, providing inadequate 
separation from other electrical harness installations.
    In the NPRM, the FAA proposed to require an inspection of certain 
flight control electrical harnesses for incorrect routing, and 
modifying any incorrect electrical harness installations.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, ANAC superseded ANAC AD 2022-04-01 
and issued ANAC AD 2022-04-01R1, effective October 31, 2022 (ANAC AD 
2022-04-01R1) (also referred to as the MCAI), to correct an unsafe 
condition for certain Embraer S.A. Model ERJ 170 airplanes. ANAC AD 
2022-04-01R1 has a revised applicability that includes additional 
serial numbers. The MCAI states that certain flight control electrical 
harnesses were routed incorrectly, providing inadequate separation from 
other electrical harness installations.
    The FAA is proposing this AD to address incorrect routing of flight 
control electrical harnesses near critical fuel quantity indication 
harnesses, which could possibly result in fuel tank ignition and 
subsequent loss of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1163.

Comments

    The FAA received comments from four commenters, including Embraer, 
Horizon Air, Republic Airways, and SkyWest Airlines. The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Request To Withdraw the Proposed AD

    Embraer requested that the proposed AD be withdrawn because ANAC AD 
2022-04-01R1, effective October 31, 2022, has superseded AD 2022-04-01, 
effective April 29, 2022, to revise the applicability. Embraer 
suggested that the FAA could withdraw the proposed AD or issue a new 
proposed AD to avoid the need for a new FAA AD to include the 
additional airplanes.
    The FAA updated the applicability to match ANAC AD 2022-04-01R1. 
However, the FAA is not withdrawing the NPRM, but is instead issuing 
this SNPRM to include the new applicability. This proposed AD has been 
revised to reference ANAC AD 2022-04-01R1 throughout.

Request To Revise Compliance Time

    Republic Airways and SkyWest Airlines requested that the compliance 
time be changed. Republic requested a change to three years to align 
with the heavy maintenance schedule and noted that certain parts of the 
service information require inspecting an area that is difficult to 
access due to the proximity of the 195 aft wing-to-fuselage fairing 
(WTFF), which is removed during heavy maintenance. SkyWest requested a 
change to 10,000 flight hours or 60 months to align with the 
recommended compliance time specified in the service information 
referenced in ANAC AD 2022-04-01.
    The FAA disagrees with the commenters' requests to revise the 
compliance time. ANAC, as the state of design authority, conducted a 
safety analysis and determined that a 12-month compliance time is 
appropriate to mitigate the identified unsafe condition. The FAA 
concurs with ANAC's assessment. However, under the provisions specified 
in paragraph (i)(1) of this AD, operators may request an alternative 
method of compliance (AMOC) to use a different compliance time. This 
proposed AD has not been changed with regard to these requests.

Request To Revise Exceptions Paragraph

    Horizon Air commenter requested that the exceptions in paragraph 
(h)(2) of the proposed AD be limited to paragraph (b) of ANAC AD 2022-
04-01, instead of the entire ``Alternative

[[Page 11832]]

methods of compliance (AMOC)'' section. The commenter stated that ANAC 
AD 2022-04-01 paragraphs (c), (c)(1), and (c)(2) clarify that only 
steps labeled Required for Compliance (RC) must be done to comply with 
the AD, and that excepting paragraphs (c), (c)(1), and (c)(2) would 
unnecessarily mandate steps that are not required to correct the unsafe 
condition.
    The FAA agrees with the commenter's request for the reasons 
provided and notes that the service information referenced in ANAC AD 
2022-04-01R1 contains steps labeled RC. However, in ANAC AD 2022-04-
01R1, the corresponding paragraph not required by this proposed AD is 
now labeled paragraph (c), while the paragraphs explaining RC service 
information are in paragraphs (d), (d)(1), and (d)(2) of ANAC AD 2022-
04-01R1. Therefore, paragraph (h)(2) of this proposed AD has been 
revised to refer only to paragraph (c) of ANAC AD 2022-04-01R1.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-04-01R1 specifies procedures for inspecting the 
installation of flight control electrical harnesses W126 and W127 for 
incorrect routing and modifying any incorrect electrical harness 
installations. 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 the State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this SNPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.
    Certain changes described above expand the scope of the NPRM. As a 
result, it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would require accomplishing the actions specified 
in ANAC AD 2022-04-01R1 described previously, except for any 
differences identified as exceptions in the regulatory text 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 2022-04-01R1 by reference in the 
FAA final rule. This proposed AD would, therefore, require compliance 
with ANAC AD 2022-04-01R1 in its entirety through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Service information required by ANAC AD 2022-
04-01R1 for compliance will be available at regulations.gov under 
Docket No. FAA-2022-1163 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 701 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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3 work-hours x $85 per hour = $255...........................              $0             $255         $178,755
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    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

                                     Estimated Costs of On-Condition Actions
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                                                                                                     Cost per
                                  Labor cost                                       Parts cost        product
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425............................................              $0             $425
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Authority for This Rulemaking

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

[[Page 11833]]

    (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 adding the following new airworthiness 
directive:

Embraer S.A. (Type Certificate Previously Held by Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.): Docket No. 
FAA-2022-1163; Project Identifier MCAI-2022-00571-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 10, 2023.

(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.; 
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, certificated in any category, as identified in 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 
2022-04-01R1, effective October 31, 2022 (ANAC AD 2022-04-01R1).

 (d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

 (e) Unsafe Condition

    This AD was prompted by reports indicating that certain flight 
control electrical harnesses were routed incorrectly, providing 
inadequate separation from other electrical harness installations. 
The FAA is issuing this AD to address the incorrect routing of 
flight control electrical harnesses near critical fuel quantity 
indication harnesses, which could possibly result in fuel tank 
ignition and subsequent loss of the airplane.

 (f) Compliance

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

 (g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, ANAC AD 2022-04-01R1.

 (h) Exceptions to ANAC AD 2022-04-01R1

    (1) Where ANAC AD 2022-04-01R1 refers to April 29, 2022 (the 
effective date of ANAC AD 2022-04-01), this AD requires using the 
effective date of this AD.
    (2) Where ANAC AD 2022-04-01R1 refers to its effective date, 
this AD requires using the effective date of this AD.
    (3) Where ANAC AD 2022-04-01R1 refers to August 3, 2022 (the 
Revision 02 date of Embraer Service Bulletin), the correct date is 
August 5, 2022.
    (4) Paragraph (c) of ANAC AD 2022-04-01R1 does not apply to this 
AD.

 (i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the International 
Validation Branch, send it to the attention of the person identified 
in paragraph (j) 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 specified by 
paragraph (i)(2) of this AD: if any service information contains 
steps that are labeled as RC, the provisions of paragraphs (j)(3)(i) 
and (ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step 
and any figures identified in an RC step, must be done to comply 
with the AD. If a step or substep is labeled ``RC Exempt,'' then the 
RC requirement is removed from that step or substep. An AMOC is 
required for any deviations to RC steps, including substeps and 
identified figures.
    (ii) Steps not labeled 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 RC 
steps, including substeps and identified figures, can still be done 
as specified, and the airplane can be put back in an airworthy 
condition.

 (j) Additional Information

    For more information about this AD, contact Hassan M. Ibrahim, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3653; email [email protected].

 (k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2022-04-01R1, effective October 31, 2022.
    (ii) [Reserved]
    (3) For ANAC AD 2022-04-01, contact National Civil Aviation 
Agency (ANAC), Aeronautical Products Certification Branch (GGCP), 
Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 
(12) 3203-6600; email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You 
may find this ANAC AD on the ANAC website at sistemas.anac.gov.br/
certificacao/DA/DAE.asp.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 16, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-03625 Filed 2-23-23; 8:45 am]
BILLING CODE 4910-13-P