This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

59813 

Vol. 88, No. 167 

Wednesday, August 30, 2023 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1807; Project 

Identifier MCAI–2023–00394–T] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

(Type Certificate Previously Held by 

Yabora ̃ Indu ́ stria Aerona ́utica S.A.; 

Embraer S.A.; Empresa Brasileira de 

Aerona ́utica S.A. (EMBRAER)) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Embraer S.A. Model EMB–135BJ 

airplanes. This proposed AD was 

prompted by reports of missing sealant 

on the rivets installed in the interface 

between rib 3 and the wing skin. This 

proposed AD would require applying 

sealant on the rivets installed in the 

interface between rib 3 and wing skin, 

as specified in an Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) AD, which is 

proposed for incorporation by reference 

(IBR). 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 16, 

2023. 

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–2023–1807; 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 material that is proposed for 

IBR in this NPRM, 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—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. It is also available at 

regulations.gov under Docket No. FAA– 

2023–1807. 

• You may view this service 

information 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. 

FOR FURTHER INFORMATION CONTACT: 

Hassan Ibrahim, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; 

telephone 206–231–3653; email 

hassan.m.ibrahim@faa.gov. 

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 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2023–1807; Project Identifier 

MCAI–2023–00394–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; telephone 206–231–3653; 

email hassan.m.ibrahim@faa.gov. Any 

commentary that the FAA receives 

which is not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

Background 

The ANAC, which is the aviation 

authority for Brazil, has issued ANAC 

AD 2023–03–01, effective March 6, 2023 

(ANAC AD 2023–03–01) (also referred 

to as the MCAI), to correct an unsafe 

condition for certain Embraer S.A. 

Model EMB–135BJ airplanes. The MCAI 

states that missing sealant was 

identified on the rivets installed in the 

interface between rib 3 and the wing 

skin in some Embraer Model EMB– 

135BJ airplanes. The lack of sealant 

when a failure on the rivet installation 

exists may result in a potential ignition 

source inside the fuel tank during a 

lightning strike, which, combined with 

flammable fuel vapors, could result in a 


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59814 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 

fuel tank explosion and consequent loss 

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–2023–1807. 

Related Service Information Under 1 

CFR Part 51 

ANAC AD 2023–03–01 specifies 

procedures for applying sealant on the 

rivets installed in the interface between 

rib 3 and wing skin. 

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. 

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 2023–03–01 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 2023–03–01 by 

reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with ANAC AD 2023–03–01 

in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Service information required by ANAC 

AD 2023–03–01 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2023–1807 after the 

FAA final rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 10 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Up to 7 work-hours × $85 per hour = $595 ..................................................................... $0 Up to $595 .......... Up to $5,950. 

The FAA has included all known 

costs in its cost estimate. According to 

the manufacturer, however, some or all 

of the costs of this proposed AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

operators. 

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 

■ 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: 

Embraer S.A. (Type Certificate Previously 

Held by Yabora ̃ Indu ́ stria Aerona ́utica 

S.A.; Embraer S.A.; Empresa Brasileira 

de Aerona ́utica S.A. (EMBRAER)): 

Docket No. FAA–2023–1807; Project 

Identifier MCAI–2023–00394–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by October 16, 

2023. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Embraer S.A. Model 

EMB–135BJ airplanes, certificated in any 

category, having serial numbers 14501119 

through 14501165 inclusive, 14501167 

through 14501215 inclusive, and 14501217 

through 14501236 inclusive. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57, Wings. 


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Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Proposed Rules 59815 

(e) Unsafe Condition 

This AD was prompted by reports of 

missing sealant on the rivets installed in the 

interface between rib 3 and the wing skin. 

The FAA is issuing this AD to address the 

lack of sealant on the rivets, which may 

result in a potential ignition source inside the 

fuel tank during a lightning strike when a 

failure on the rivet installation exists, which, 

combined with flammable fuel vapors, could 

result in a fuel tank explosion and 

consequent loss 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, Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) AD 2023–03–01, 

effective March 6, 2023 (ANAC AD 2023–03– 

01). 

(h) Exceptions to ANAC AD 2023–03–01 

(1) Where ANAC AD 2023–03–01 refers to 

its effective date, this AD requires using the 

effective date of this AD. 

(2) This AD does not adopt paragraph (c)(1) 

of ANAC AD 2023–03–01. 

(i) No Reporting Requirement 

Although the service information 

referenced in ANAC AD 2023–03–01 

specifies to submit certain information to the 

manufacturer, 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 International Validation Branch, send 

it to the attention of the person identified in 

paragraph (k) 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 ANAC; or ANAC’s 

authorized Designee. If approved by the 

ANAC Designee, the approval must include 

the Designee’s authorized signature. 

(k) Additional Information 

For more information about this AD, 

contact Hassan Ibrahim, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3653; email hassan.m.ibrahim@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) 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) Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD 2023–03–01, effective March 6, 

2023. 

(ii) [Reserved] 

(3) For ANAC AD 2023–03–01, 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—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 

ANAC AD on the ANAC website at 

sistemas.anac.gov.br/certificacao/DA/ 

DAE.asp. 

(4) You may view this service information 

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 service information 

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/ibrlocations.html. 

Issued on August 24, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–18691 Filed 8–29–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1804; Project 

Identifier MCAI–2023–00675–T] 

RIN 2120–AA64 

Airworthiness Directives; Dassault 

Aviation Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2023–04–18, which applies to all 

Dassault Aviation Model FALCON 2000 

airplanes. AD 2023–04–18 requires 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations. Since the 

FAA issued AD 2023–04–18, the FAA 

has determined that new or more 

restrictive airworthiness limitations are 

necessary. This proposed AD would 

continue to require certain actions in 

AD 2023–04–18 and would require 

revising the existing maintenance or 

inspection program, as applicable, to 

incorporate new or more restrictive 

airworthiness limitations, as specified 

in a European Union Aviation Safety 

Agency (EASA) AD, which is proposed 

for incorporation by reference (IBR). 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 16, 

2023. 

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–2023–1804; 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 material that is proposed for 

IBR in this NPRM, 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 material on the EASA website at 

ad.easa.europa.eu. It is also available at 

regulations.gov under Docket No. FAA– 

2023–1804. 

• You may view this service 

information 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. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriguez, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 


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