Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes

[Federal Register Volume 88, Number 145 (Monday, July 31, 2023)]
[Rules and Regulations]
[Pages 49277-49280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16164]


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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; 
Amendment 39-22487; AD 2023-13-02]
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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[[Page 49278]]

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 170 airplanes. This AD was prompted by 
reports indicating that certain flight control electrical harnesses 
were routed incorrectly, providing inadequate separation from other 
electrical harness installations. This AD requires an inspection of 
certain flight control electrical harnesses for incorrect routing, and 
modifying any incorrect electrical harness installations, 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 5, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 5, 
2023.

ADDRESSES: 
    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 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:
    <bullet> For material incorporated by reference 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.
    <bullet> 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 in the AD docket at 
regulations.gov under Docket No. FAA-2022-1163.

FOR FURTHER INFORMATION CONTACT: Joshua K. Bragg, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
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 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, issued by ANAC, which is the aviation 
authority for Brazil (ANAC AD 2022-04-01) (also referred to as the 
MCAI). The MCAI 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 inspecting certain flight 
control electrical harnesses for incorrect routing, and modifying any 
incorrect electrical harness installations, as specified in ANAC AD 
2022-04-01.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-1163.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 by adding an AD that would apply to certain 
Embraer S.A. Model ERJ 170 airplanes. The SNPRM published in the 
Federal Register on February 24, 2023 (88 FR 11830). The SNPRM was 
prompted by reports indicating that certain flight control electrical 
harnesses were routed incorrectly, providing inadequate separation from 
other electrical harness installations. In the SNPRM, the FAA proposed 
to require inspecting certain flight control electrical harnesses for 
incorrect routing, and modifying any incorrect 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.

Discussion of Final Airworthiness Directive

Comments

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

Requests for Increased Compliance Time and Later Date for Correction

    Embraer requested that the FAA allow an increase in the compliance 
time and to allow the correction to be done at a later date. According 
to Embraer, because this inspection and subsequent correction of the 
wiring harnesses cannot fit within a basic check, operators plan to add 
it to the heavy maintenance visits, during which these accesses are 
already open. However, the service information and the proposed AD do 
not allow for inspecting to be done at one opportunity and correction 
to be done at a later date.
    The FAA does not agree to the requests to revise the compliance 
time and allow correction to be done later. 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 and did not allow for correction to be done later. 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, if the 
proposed AMOC provides an acceptable level of safety. This AD has not 
been changed with regard to this request.

Request To Increase the Estimated Work-Hours

    Embraer requested an increase in the total number of estimated 
work-hours for the required actions. The commenter noted that the 
actual work-hours required for the actions have proven to be greater 
than the estimate given in the proposed AD.
    The FAA agrees with the request because the agency has determined 
that the total work-hours required exceed the previous estimate. The 
FAA has increased the estimated total work-hours from 8 to 16.

Request To Correct Typographical Error

    Horizon Air requested that a correction be made in paragraph (i)(3) 
of the proposed AD. The commenter noted that the reference to paragraph 
(j)(3)(i) should be to paragraph (i)(3)(i).
    The FAA agrees with the request. The FAA has corrected the 
typographical error in 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

[[Page 49279]]

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 SNPRM. None of the changes will 
increase the economic burden on any operator.

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.

Costs of Compliance

    The FAA estimates that this AD affects 701 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
----------------------------------------------------------------------------------------------------------------
6 work-hours x $85 per hour = $510...........................              $0             $510         $357,510
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...              $0             $850
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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:

2023-13-02 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.): Amendment 39-22487; Docket No. FAA-2022-1163; Project 
Identifier MCAI-2022-00571-T.

(a) Effective Date

    This airworthiness directive (AD) is effective September 5, 
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.

[[Page 49280]]

(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 (i)(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 Joshua K. Bragg, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone 817-222-5366; email: 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2022-04-01R1, 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 St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (5) You may view this material 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 July 21, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16164 Filed 7-28-23; 8:45 am]
BILLING CODE 4910-13-P

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