[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Proposed Rules]
[Pages 68840-68843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19297]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2133; Project Identifier MCAI-2024-00243-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.; Empresa Brasileira de Aeron[aacute]utica S.A. 
(EMBRAER)) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all Embraer S.A. Model EMB-135ER, -135KE, -135KL, and -135LR 
airplanes; and Model EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, 
and -145XR airplanes. This proposed AD was prompted by a structural 
assessment that indicated certain central fuselage longitudinal splices 
are subjected to fatigue damage on multiple sites due to loose 
fasteners, which may reduce the structural residual strength below the 
required levels. This proposed AD would require performing repetitive 
inspections of certain upper central fuselage longitudinal splices and 
reporting the inspection results, as specified in an Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed 
for incorporation by reference (IBR). This proposed AD would also 
require performing corrective actions if necessary. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 15, 
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2133; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For ANAC material identified in this proposed AD, contact 
National Civil Aviation Agency (ANAC), Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email anac.gov.br">pac@anac.gov.br; 
website anac.gov.br/en/. You may find this material on the ANAC website 
at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
     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.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 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

[[Page 68841]]

under the ADDRESSES section. Include ``Docket No. FAA-2024-2133; 
Project Identifier MCAI-2024-00243-T'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, explain the reason for any recommended change, and include 
supporting data. The FAA will consider all comments received by the 
closing date and may amend this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

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

    ANAC, which is the aviation authority for Brazil, has issued ANAC 
AD 2024-04-03R01, effective May 31, 2024 (ANAC AD 2024-04-03R01) (also 
referred to as the MCAI), to correct an unsafe condition for all 
Embraer S.A. Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and 
Model EMB-145, -145EP, -145ER, -145EU, -145LR, -145LU, -145MK, -145MP, 
-145MR, and -145XR airplanes. Model EMB-145EU, -145LU, and -145MK 
airplanes are not certificated by the FAA and are not included on the 
U.S. type certificate data sheet; this proposed AD therefore does not 
include those airplanes in the applicability. The MCAI states that a 
structural assessment indicated that certain central fuselage 
longitudinal splices are subjected to fatigue damage on multiple sites 
due to working (i.e., loose) fasteners, which could reduce structural 
residual strength below the required levels. This fatigue damage may be 
undetected by current maintenance tasks and could result in reduced 
structural integrity of the airplane.
    The FAA is proposing 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-2024-2133.

Material Incorporated by Reference Under 1 CFR Part 51

    ANAC AD 2024-04-03R01 specifies an initial and repetitive external 
detailed inspection of the upper central fuselage II, III, and IV 
longitudinal splices to identify loose fasteners, contacting the 
manufacturer if any discrepancy is found, and reporting the inspection 
results. Discrepancies include loose fasteners, missing rivets, and any 
crack, crease, bend, nick, scratch, gouge, dent, abrasion, or 
structural deformation found in the skin attachments or fasteners. 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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in ANAC AD 2024-04-03R01 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 2024-04-03R01 by reference in the 
FAA final rule. This proposed AD would, therefore, require compliance 
with ANAC AD 2024-04-03R01 in its entirety through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Material required by ANAC AD 2024-04-03R01 
for compliance will be available at regulations.gov under Docket No. 
FAA-2024-2133 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 309 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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               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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4 work-hours x $85 per hour = $340 per                $0  $340 per inspection cycle.  $105,060 per inspection
 inspection cycle.                                                                     cycle.
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    The FAA has received no definitive data on which to base the cost 
estimates for the corrective actions specified in this proposed AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to

[[Page 68842]]

respond to, nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for this 
collection of information is estimated to take approximately 1 hour per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. All responses 
to this collection of information are mandatory. Send comments 
regarding this burden estimate or any other aspect of this collection 
of information, including suggestions for reducing this burden, to: 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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:
    (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.; Empresa 
Brasileira de Aeron[aacute]utica S.A. (EMBRAER)): Docket No. FAA-
2024-2133; Project Identifier MCAI-2024-00243-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 15, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Embraer S.A. (Type Certificate previously 
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; 
Embraer S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. 
(EMBRAER)) airplanes specified in paragraphs (c)(1) and (2) of this 
AD, certificated in any category.
    (1) Model EMB-135ER, -135KE, -135KL, and -135LR airplanes.
    (2) Model EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, and -
145XR airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a structural assessment that indicated 
certain central fuselage longitudinal splices are subjected to 
fatigue damage on multiple sites due to loose fasteners, which may 
reduce the structural residual strength below the required levels. 
The FAA is issuing this AD to address undetected fatigue damage on 
certain central fuselage longitudinal splices. The unsafe condition, 
if not addressed, 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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD 2024-04-03R01, effective May 31, 2024 (ANAC AD 2024-
04-03R01).

(h) Exceptions to ANAC AD 2024-04-03R01

    (1) Where ANAC AD 2024-04-03R01 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where paragraphs (b)(1) and (2) of ANAC AD 2024-04-03R01 
specify the initial compliance time for the external detailed 
inspection, for this AD, the initial compliance time for doing the 
external detailed inspection is prior to the accumulation of 44,000 
total flight cycles, or within 500 flight cycles after the effective 
date of this AD, whichever occurs later.
    (3) Where paragraph (b)(3) of ANAC AD 2024-04-03R01 specifies 
``If any discrepancies are found, contact Embraer,'' this AD 
requires replacing that text with ``If any cracking is detected 
during an inspection required by paragraph (g) of this AD, repair 
the discrepancy (including cracking) before further flight using a 
method approved by the Manager, International Validation Branch, 
FAA; or ANAC; or Embraer's ANAC Design Organization Approval (DOA). 
If approved by the DOA, the approval must include the DOA-authorized 
signature.''
    (4) Paragraph (d) of ANAC AD 2024-04-03R01 specifies to report 
inspection results to ANAC and Embraer within a certain compliance 
time. For this AD, report inspection results after each inspection 
required by paragraph (g) of this AD at the applicable times 
specified in paragraph (h)(4)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (5) This AD does not adopt paragraph (e) of ANAC AD 2024-04-
03R01.

(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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) of this AD. Information may be emailed to: 
[email protected]. Before using any

[[Page 68843]]

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.

(j) Additional Information

    For more information about this AD, contact Hassan Ibrahim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 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 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 2024-04-03R01, effective May 31, 2024.
    (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 
ANAC AD 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 August 22, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-19297 Filed 8-27-24; 8:45 am]
BILLING CODE 4910-13-P