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

[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]



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Rules and Regulations
                                                Federal Register
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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:
    <bullet> 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.
    <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 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

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