AD 2023-13-02

49277 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations 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 ■ 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] ■ 2. The FAA amends § 39.13 by adding the following new airworthiness directive: 2023–13–03 Airbus SAS: Amendment 39– 22488; Docket No. FAA–2023–0427; Project Identifier MCAI–2022–01370–T. (a) Effective Date This airworthiness directive (AD) is effective September 5, 2023. (b) Affected ADs None. (c) Applicability This AD applies to all Airbus SAS airplanes identified in paragraphs (c)(1) through (4) of this AD, certificated in any category. (1) Model A318–111, A318–112, A318– 121, and A318–122 airplanes. (2) Model A319–111, A319–112, A319– 113, A319–114, A319–115, A319–131, A319– 132, A319–133, A319–151N, A319–153N, and A319–171N airplanes. (3) Model A320–211, A320–212, A320– 214, A320–216, A320–231, A320–232, A320– 233, A320–251N, A320–252N, A320–253N, A320–271N, A320–272N, and A320–273N airplanes. (4) Model A321–111, A321–112, A321– 131, A321–211, A321–212, A321–213, A321– 231, A321–232, A321–251N, A321–251NX, A321–252N, A321–252NX, A321–253N, A321–253NX, A321–271N, A321–271NX, A321–272N, and A321–272NX airplanes. (d) Subject Air Transport Association (ATA) of America Code 52, Doors. (e) Unsafe Condition This AD was prompted by reports where the passenger door external handle mechanism was not allowing the flap handle to return to its normal, flush position when the door was being closed. Subsequent investigation concluded corrosion protection compound (CPC) was inadvertently applied to the movable parts of the mechanism during production. The CPC prevents the handle flap from moving to the closed position, flush with the fuselage skin. The unsafe condition, if not addressed, could inhibit opening the door from the inside, or allow the door to open, automatically disarming the slide/raft, which would result in its non-automatic deployment. Both scenarios could delay a safe evacuation of airplane occupants during an emergency. (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, European Union Aviation Safety Agency (EASA) AD 2022–0213R1, dated November 8, 2022 (EASA AD 2022– 0213R1). (h) Exceptions to EASA AD 2022–0213R1 (1) Where EASA AD 2022–0213R1 refers to November 3, 2022 (the effective of EASA AD 2022–0213, dated October 20, 2022), this AD requires using the effective date of this AD. (2) This AD does not adopt the ‘‘Remarks’’ section of EASA AD 2022–0213R1. (i) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, 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: 9-AVS-AIR-730-AMOC@faa.gov. 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 EASA; or Airbus SAS’s EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature. (3) Required for Compliance (RC): Except as required by paragraph (i)(2) of this AD, if any service information referenced in EASA AD 2022–0213R1 contains paragraphs that are labeled as RC, the instructions in RC paragraphs, including subparagraphs under an RC paragraph, must be done to comply with this AD; any paragraphs, including subparagraphs under those paragraphs, that are not identified as RC are recommended. The instructions in paragraphs, including subparagraphs under those paragraphs, 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. (j) Additional Information For more information about this AD, contact Timothy Dowling, Aerospace Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 206–231–3667; email Timothy.P.Dowling@faa.gov. (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) European Union Aviation Safety Agency (EASA) AD 2022–0213R1, dated November 8, 2022. (ii) [Reserved] (3) For EASA AD 2022–0213R1, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this EASA AD on the EASA website at ad.easa.europa.eu. (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 fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr- locations.html. Issued on June 30, 2023. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–16095 Filed 7–28–23; 8:45 am] BILLING CODE 4910–13–P 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 Yabora ˜ Indu ´ stria Aerona ´ utica S.A.; Embraer S.A.) Airplanes AGENCY : Federal Aviation Administration (FAA), DOT. ACTION : Final rule. VerDate Sep<11>2014 16:01 Jul 28, 2023 Jkt 259001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1 ddrumheller on DSK120RN23PROD with RULES1

49278 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations 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 Age ˆncia Nacional de Aviac ¸a ˜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: • 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—Sa ˜o Jose ´ dos Campos—SP, Brazil; telephone 55 (12) 3203–6600; email 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 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: joshua.k.bragg@ faa.gov. 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 VerDate Sep<11>2014 16:01 Jul 28, 2023 Jkt 259001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1 ddrumheller on DSK120RN23PROD with RULES1

49279 Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations 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: E STIMATED C OSTS FOR R EQUIRED A CTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 6 work-hours × $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: E STIMATED C OSTS OF O N -C ONDITION A CTIONS Labor cost Parts cost Cost per product 10 work-hours × $85 per hour = $850 .................................................................................................................... $0 $850 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 ■ 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] ■ 2. The FAA amends § 39.13 by adding the following new airworthiness directive: 2023–13–02 Embraer S.A. (Type Certificate Previously Held by Yabora ˜ Indu ´ stria Aerona ´ 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 Yabora ˜ Indu ´ stria Aerona ´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 Age ˆncia Nacional de Aviac ¸a ˜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. VerDate Sep<11>2014 16:01 Jul 28, 2023 Jkt 259001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1 ddrumheller on DSK120RN23PROD with RULES1