89 FR 159 pgs. 66642-66645 - Airworthiness Directives; Embraer S.A. Airplanes
Type: PRORULEVolume: 89Number: 159Pages: 66642 - 66645
Pages: 66642, 66643, 66644, 66645Docket number: [Docket No. FAA-2024-2020; Project Identifier MCAI-2024-00303-A]
FR document: [FR Doc. 2024-18046 Filed 8-15-24; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2020; Project Identifier MCAI-2024-00303-A]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Notice of proposed rulemaking (NPRM).
SUMMARY:
The FAA proposes to supersede Airworthiness Directive (AD) 2023-21-06, which applies to certain Embraer S.A. (Embraer) Model EMB-505 airplanes. AD 2023-21-06 requires installing structural reinforcements on certain monuments and replacing certain floor support rivets. Since the FAA issued AD 2023-21-06, the FAA has determined that certain airplanes need to be re-assigned to a different group and certain re-identified floor support part numbers need to be corrected. This proposed AD would require installing structural reinforcements on monuments and replacing fasteners on the floor support, as specified in an Agência Nacional de Aviação Civil (ANAC) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
DATES:
The FAA must receive comments on this NPRM by September 30, 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-2024-2020; 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 proposed AD, contact ANAC, Continuing Airworthiness Technical Branch (GTAC), Rua Doutor Orlando Feirabend Filho, 230-Centro Empresarial Aquarius-Torre B-Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190-São José 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 at sistemas.anac.gov.br/certificacao/DA/DAE.asp. It is also available at regulations.gov under Docket No. FAA-2024-2020.
• You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222-5110.
FOR FURTHER INFORMATION CONTACT:
Jim Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329-4165; email: jim.rutherford@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-2024-2020; Project Identifier MCAI-2024-00303-A" 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 the 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 Jim Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590. 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 FAA issued AD 2023-21-06, Amendment 39-22578 (88 FR 85093, December 7, 2023) (AD 2023-21-06), for certain serial-numbered Embraer Model EMB-505 airplanes. AD 2023-21-06 was prompted by an MCAI originated by ANAC, which is the aviation authority for Brazil. ANAC issued ANAC AD 2023-05-03, effective June 2, 2023 (ANAC AD 2023-05-03) to correct an unsafe condition.
AD 2023-21-06 requires installing structural reinforcements on certain monuments and replacing certain floor support rivets. The FAA issued AD 2023-21-06 to address certain monuments (the right-hand refreshment center and left-hand forward cabinet) that might not withstand the loads expected for specific emergency landing conditions, which may cause the detachment of mass items and result in injuries to the airplane occupants.
Actions Since AD 2023-21-06 Was Issued
Since the FAA issued AD 2023-21-06, ANAC superseded ANAC AD 2023-05-03 and issued ANAC AD 2023-05-03R01, effective March 8, 2024 (ANAC AD 2023-05-03R01) for certain serial-numbered Embraer Model EMB-505 airplanes. ANAC AD 2023-05-03R01 states it was issued to incorporate Embraer Service Bulletin SB505-25-0046, Revision 02, dated February 19, 2024, which updates effectivity information, compliance information, and part number information.
[top] ANAC superseded ANAC AD 2023-05-03R01 and issued ANAC AD 2023-05-03R02, effective May 17, 2024 (ANAC AD 2023-05-03R02) (also referred to as the MCAI) for certain serial-numbered Embraer Model EMB-505 airplanes. The MCAI states it was issued to incorporate Embraer Service
The FAA is issuing this AD to address certain monuments that might not withstand the loads expected for specific emergency landing conditions, which may cause the detachment of mass items and result in injuries to the airplane occupants.
You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2024-2020.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023-05-03R02, which specifies procedures for installing structural reinforcements on certain monuments and replacing certain fasteners on the floor support.
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
These products have been approved by the aviation authority of another country and are 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 on 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 2023-05-03R02 described previously, except for any differences identified as exceptions in the regulatory text of this proposed AD and except as discussed under "Differences Between this Proposed AD and the MCAI."
Differences Between This Proposed AD and the MCAI
The material specified in ANAC AD 2023-05-03R02 allows the use of alternative or similar parts in place of the ones specified in the kits, provided these alternative or similar parts are approved by Embraer, but this proposed AD would require approval from either the Manager, International Validation Branch, FAA; ANAC; or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature.
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 2023-05-03R02 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with ANAC AD 2023-05-03R02 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 2023-05-03R02 for compliance will be available at regulations.gov under Docket No. FAA-2024-2020 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would affect 208 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed AD:
| Action | Labor cost | Parts cost | Cost per product | Cost on U.S. operators |
|---|---|---|---|---|
| Airplane groups 1 and 2-install structural reinforcements | 22 work-hours × $85 per hour = $1,870 | $1,600 | $3,470 | $242,900 (70 airplanes). |
| Airplane groups 3, 4, and 5-install structural reinforcements and replace floor fasteners | 14 work-hours × $85 per hour = $1,190 | 600 | 1,790 | $200,480 (112 airplanes). |
| Airplane groups 6 and 8-install structural reinforcements and replace floor fasteners | 26 work-hours × $85 per hour = $2,210 | 2,000 | 4,210 | $84,200 (20 airplanes). |
| Airplane group 7-install structural reinforcements | 20 work-hours × $85 per hour = $1,700 | 1,600 | 3,300 | $16,500 (5 airplanes). |
| Airplane group 9-install structural reinforcements | 14 work-hours × $85 per hour = $1,190 | 1,600 | 2,790 | $2,790 (1 airplane). |
The FAA estimates the following costs for the additional work that operators would be required to do for compliance with this proposed AD if they completed the actions in the original version of Embraer Service Bulletin SB505-25-0046, dated March 31, 2021; Service Bulletin SB505-25-0046, Revision 01, dated May 8, 2023; or Service Bulletin SB505-25-0046, Revision 02, dated February 19, 2024. The agency has no way of determining the number of airplanes that might need these actions:
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| Action | Labor cost | Parts cost | Cost per product |
|---|---|---|---|
| Inspect floor fasteners | 9 work-hours × $85 per hour = $765 | $50 | $815 |
| Replace floor fasteners | 1 work-hour × $85 per hour = $85 | 50 | 135 |
| Airplane groups 1 and 2 install reinforcement support on left-hand forward cabinet | 2 work-hours × $85 per hour = $170 | 200 | 370 |
The FAA has included all known costs in its cost estimate. According to the manufacturer, however, 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 that the 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:
a. Removing Airworthiness Directive 2023-21-06, Amendment 39-22578 (88 FR 85093, December 7, 2023); and
b. Adding the following new airworthiness directive:
Embraer S.A.: Docket No. FAA-2024-2020; Project Identifier MCAI-2024-00303-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive (AD) by September 30, 2024.
(b) Affected ADs
This AD replaces AD 2023-21-06, Amendment 39-22578 (88 FR 85093, December 7, 2023).
(c) Applicability
This AD applies to Embraer S.A. Model EMB-505 airplanes, certificated in any category, as identified in Agência Nacional de Aviação Civil (ANAC) AD 2023-05-03R02, effective May 17, 2024 (ANAC AD 2023-05-03R02).
(d) Subject
Joint Aircraft System Component (JASC) Code 2500, Cabin Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by the analysis of certain monuments (the right-hand refreshment center and left-hand forward cabinet) that identified the need for installing structural reinforcements and replacing applicable floor support rivets. The FAA is issuing this AD to address the unsafe condition. The unsafe condition, if not addressed, could result in a monument not withstanding the loads expected for specific emergency landing conditions, which may cause the detachment of mass items and result in injuries to the airplane occupants.
(f) Compliance
Comply with this AD within the compliance times specified, unless already done.
(g) Required Actions
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 2023-05-03R02.
(h) Exceptions to ANAC AD 2023-05-03R02
(1) Where ANAC AD 2023-05-03R02 refers to its effective date, this AD requires using the effective date of this AD.
(2) Where ANAC AD 2023-05-03R02 refers to Embraer Service Bulletin SB505-25-0046, Revision 03, as dated "May 6, 2024," replace that text with "May 7, 2024."
(3) Where paragraph (b) of ANAC AD 2023-05-03R02 refers to "June 2, 2023, the effective date of AD 2023-05-03, original revision," replace that text with "December 11, 2023, the effective date of AD 2023-21-06."
(4) Although the material referenced in ANAC AD 2023-05-03R02 allows the use of alternative or similar parts in place of the ones specified in the kits provided, this AD requires that alternative or similar parts be approved by the Manager, International Validation Branch, FAA; ANAC; or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature.
(5) Where the material referenced in ANAC AD 2023-05-03R02 specifies to "discard" certain parts, replace that text with "remove from service."
(6) This AD does not adopt paragraph (d)(1) of ANAC AD 2023-05-03R02.
(i) No Reporting Requirement
Although the material referenced in ANAC AD 2023-05-03R02 specifies to submit certain information to the manufacturer, this AD does not include that requirement.
(j) Alternative Methods of Compliance (AMOCs)
[top] 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 local Flight Standards District Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (k) of this AD or email to: AMOC@faa.gov. If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.
(k) Additional Information
For more information about this AD, contact Jim Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329-4165; email: jim.rutherford@faa.gov.
(l) 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 the AD specifies otherwise.
(i) Agência Nacional de Aviação Civil (ANAC) AD 2023-05-03R02, effective May 17, 2024.
(ii) [Reserved]
(3) For ANAC material identified in this AD, contact ANAC, Continuing Airworthiness Technical Branch (GTAC), Rua Doutor Orlando Feirabend Filho, 230-Centro Empresarial Aquarius-Torre B-Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190-São José 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 at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222-5110.
(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 August 8, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2024-18046 Filed 8-15-24; 8:45 am]
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