This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

84799 

Vol. 89, No. 206 

Thursday, October 24, 2024 

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 

Yabora ̃ Indu ́ stria Aerona ́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 

Ageˆncia 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 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: 

• 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; 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 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: krista.greer@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 

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 reactivation 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 


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84800 Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Rules and Regulations 

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 × $85 per hour = Up to $2,210 ................. $0 Up to $2,210 ............................ Up to $198,900. 

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

Labor cost Parts cost Cost per 

product 

2 work-hours × $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 

■ 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: 

2024–20–06 Embraer S.A. (Type Certificate 

Previously Held by Yabora ̃ Indu ́ stria 

Aerona ́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 Yabora ̃

Indu ́ stria Aerona ́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 

Ageˆncia Nacional de Aviac ̧a ̃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.’’ 


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Federal Register / Vol. 89, No. 206 / Thursday, October 24, 2024 / Rules and Regulations 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 oncondition 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: 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. 

(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: krista.greer@faa.gov. 

(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) Ageˆncia Nacional de Aviac ̧a ̃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—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. 

(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 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–1892; Project 

Identifier MCAI–2024–00198–T; Amendment 

39–22860; AD 2024–20–01] 

RIN 2120–AA64 

Airworthiness Directives; Airbus SAS 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2023–07– 

13 which applied to certain Airbus SAS 

Model A350–941 and –1041 airplanes. 

AD 2023–07–13 required repetitive 

detailed inspections of the lower 

attachment studs on the AFT galley 

complex and, depending on findings, 

replacement of the lower attachment 

studs. This AD was prompted by a 

determination that additional airplanes 

are affected, and that all affected parts 

must be replaced with serviceable parts. 

This AD continues to require the actions 

in AD 2023–07–13, adds airplanes to the 

applicability, and requires the 

replacement of all affected parts; as 

specified in European Union Aviation 

Safety Agency (EASA) 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–2024–1892; 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 EASA material identified in this 

AD, contact EASA, Konrad-AdenauerUfer 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. 

• 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–2024–1892. 

FOR FURTHER INFORMATION CONTACT: Dat 

Le, Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 516–228–7300; 

email dat.v.le@faa.gov. 

SUPPLEMENTARY INFORMATION: 


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