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

75977 

Vol. 89, No. 180 

Tuesday, September 17, 2024 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–2140; Project 

Identifier MCAI–2024–00242–T] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for all 

Embraer S.A. Model EMB–120, –120ER, 

–120FC, –120QC, and –120RT airplanes. 

This proposed AD was prompted by a 

structural assessment, which found that 

a fuselage longitudinal skin splice and 

panel between certain frames is 

susceptible to cracking. This proposed 

AD would require performing repetitive 

inspections of the fuselage center I 

longitudinal skin splice and applicable 

corrective actions, 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 November 1, 

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–2024–2140; 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 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—Sa ̃o Jose ́

dos Campos—SP, Brazil; phone 55 (12) 

3203–6600; email pac@anac.gov.br; 

website anac.gov.br/en/. You may find 

this material on the ANAC website 

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. 

It is also available at regulations.gov 

under Docket No. FAA–2024–2140. 

FOR FURTHER INFORMATION CONTACT: 

Hassan Ibrahim, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; phone: 

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 section. Include 

‘‘Docket No. FAA–2024–2140; Project 

Identifier MCAI–2024–00242–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: 

Hassan.M.Ibrahim@faa.gov. Any 

commentary that the FAA receives that 

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 2024–04–02R01, effective May 31, 

2024 (ANAC AD 2024–04–02R01) (also 

referred to as the MCAI), to correct an 

unsafe condition for all Embraer S.A. 

Model EMB–120, –120ER, –120FC, 

–120QC, and –120RT airplanes. The 

MCAI states that a structural assessment 

found that the fuselage center I 

longitudinal skin splice and panel 

between frames 22 and 23 is susceptible 

to cracking. The assessment found 

cracks associated with damage at 

multiple sites that are typically too 

small to be reliably detected with 

current inspection methods. Without 

intervention, these cracks may grow, 


ddrumheller on DSK120RN23PROD with PROPOSALS1
75978 Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Proposed Rules 

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–2024–2140. 

Material Incorporated by Reference 

Under 1 CFR Part 51 

ANAC AD 2024–04–02R01 specifies 

initial and repetitive high-frequency 

eddy current inspections for 

discrepancies (including cracks, 

corrosion, scratches and nicks) of the 

fuselage center I longitudinal skin splice 

and panel between frames 22 and 23, 

from the internal and external sides of 

the fuselage. ANAC AD 2024–04–02R01 

further specifies corrective actions 

including obtaining and implementing 

instructions for repair and reporting of 

the inspection results. 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

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 2024–04–02R01 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 2024–04–02R01 

by reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with ANAC AD 2024–04– 

02R01 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– 

04–02R01 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2024–2140 after the 

FAA final rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 51 

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 

4 work-hours × $85 per hour = $340 per inspection 

cycle.

$0 $340 per inspection cycle .............. $17,340 per inspection cycle. 

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 

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 current 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 180 / Tuesday, September 17, 2024 / Proposed Rules 75979 

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.): Docket No. FAA– 

2024–2140; Project Identifier MCAI– 

2024–00242–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by November 1, 

2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all Embraer S.A. (Type 

Certificate previously held by Yabora ̃

Indu ́ stria Aerona ́utica S.A.; Embraer S.A.) 

Model EMB–120, –120ER, –120FC, –120QC, 

and –120RT airplanes, certificated in any 

category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53, Fuselage. 

(e) Unsafe Condition 

This AD was prompted by a structural 

assessment that indicated the fuselage center 

I longitudinal skin splice and panel between 

frames 22 and 23 is susceptible to cracking. 

The FAA is issuing this AD to address 

undetected cracks in the fuselage center I 

longitudinal skin splice and panel between 

frames 22 and 23. The unsafe condition, if 

not addressed, could result in undetected 

fuselage crack propagation, and 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, Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) AD 2024–04–02R01, 

effective May 31, 2024 (ANAC AD 2024–04– 

02R01). 

(h) Exceptions to ANAC AD 2024–04–02R01 

(1) Where ANAC AD 2024–04–02R01 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 2024–04–02R01 specify the initial 

compliance time for the high-frequency eddy 

current inspection of the fuselage center I 

longitudinal skin splice—frames 22 and 23, 

from the internal and external side of the 

fuselage, for this AD, the initial compliance 

time for doing the high-frequency eddy 

current inspection is prior to the 

accumulation of 50,000 total flight cycles, or 

within 800 flight cycles after the effective 

date of this AD, whichever occurs later. 

(3) Where paragraphs (d)(1) and (2) of 

ANAC AD 2024–04–02R01 specify the initial 

compliance time for the high-frequency eddy 

current inspection of the fuselage center I 

skin panel—frames 22 and 23, from the 

external side of the fuselage, for this AD, the 

initial compliance time for doing the highfrequency eddy current inspection is prior to 

the accumulation of 50,000 total flight cycles, 

or within 800 flight cycles after the effective 

date of this AD, whichever occurs later. 

(4) Where paragraphs (b)(3) and (d)(3) of 

ANAC AD 2024–04–02R01 specify corrective 

actions, for this AD, if any discrepancy 

including cracking is detected during any 

inspection required by this AD, the 

discrepancy must be repaired 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. 

(5) Paragraph (f) of ANAC AD 2024–04– 

02R01 specifies to report inspection results to 

ANAC and Embraer within a certain 

compliance time. For this AD, report 

inspection results at the applicable time 

specified in paragraph (h)(5)(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. 

(6) This AD does not adopt paragraph (g) 

of ANAC AD 2024–04–02R01. 

(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: 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. 

(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: Hassan.M.Ibrahim@faa.gov. 

(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) Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD 2024–04–02R01, 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—Sa ̃o 

Jose ́ dos Campos—SP, Brazil; phone 55 (12) 

3203–6600; email pac@anac.gov.br; website 

anac.gov.br/en/. You may find this ANAC 

AD on the ANAC website 

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 fr.inspection@nara.gov. 

Issued on September 10, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–20991 Filed 9–16–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

21 CFR Part 1308 

[Docket No. DEA–1337] 

Schedules of Controlled Substances: 

Temporary Placement of N-Pyrrolidino 

Metonitazene and N-Pyrrolidino 

Protonitazene in Schedule I 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: Proposed amendment; notice of 

intent. 


ddrumheller on DSK120RN23PROD with PROPOSALS1