[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.

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

    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