[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Proposed Rules]
[Pages 43496-43499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15333]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0584; Product Identifier 2020-NM-069-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Embraer S.A. Model EMB-550 and EMB-545 airplanes. This 
proposed AD was prompted by reports of cracks, delamination, and 
failure of the flight deck side windows during certification fatigue 
tests. This proposed AD would require repetitive inspections of the 
flight deck side windows for any cracking or delamination, corrective 
action if necessary, and eventual replacement of the windows, as 
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD, which will be incorporated by reference. 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 August 31, 
2020.

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 https://www.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.
    For material incorporated by reference (IBR) in this AD, contact 
National Civil Aviation Agency, Aeronautical Products Certification 
Branch (GGCP), Rua Laurent Martins, n[ordm] 209, Jardim Esplanada, CEP 
12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 
(12) 3203-6600; email [email protected]; internet www.anac.gov.br/en/. 
You may find this IBR material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. For service information 
identified in this final rule,

[[Page 43497]]

contact Embraer S.A., Technical Publications Section (PC 560), Rodovia 
Presidente Dutra, km 134, 12247-004 Distrito Eug[ecirc]nio de Melo--
S[atilde]o Jos[eacute] dos Campos--SP--Brazil; telephone +55 12 3927-
0386; email [email protected]; internet https://www.mytechcare.embraer.com. You may view this IBR 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 on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-0584.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0584; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; [email protected].

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 the ADDRESSES section. Include ``Docket No. FAA-2020-0584; 
Product Identifier 2020-NM-069-AD'' 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 NPRM based on 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 the FAA receives, without change, 
to https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact the FAA receives 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 the 
person identified in the FOR FURTHER INFORMATION CONTACT section. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
Brazilian AD 2020-04-01R01, effective May 22, 2020 (``Brazilian AD 
2020-04-01R01'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Embraer S.A. Model EMB-550 and EMB-545 airplanes.
    This proposed AD was prompted by reports of cracks, delamination, 
and failure of the flight deck side windows during certification 
fatigue tests. The FAA is proposing this AD to address such cracks and 
delamination, which could cause the flight deck side windows to fail 
and lead to an in-flight depressurization event. See the MCAI for 
additional background information.

Related IBR Material Under 1 CFR Part 51

    Brazilian AD 2020-04-01R01 describes procedures for repetitive 
detailed inspections of the flight deck side windows for any cracking 
or delamination, and replacement of the windows. 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 
the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in Brazilian AD 2020-04-01R01 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, Brazilian AD 2020-
04-01R01 will be incorporated by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with Brazilian AD 
2020-04-01R01 in its entirety, through that incorporation, except for 
any differences identified as exceptions in the regulatory text of this 
proposed AD. Service information specified in Brazilian AD 2020-04-
01R01 that is required for compliance with Brazilian AD 2020-04-01R01 
will be available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0584 after the FAA final 
rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 49 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 43498]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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10 work-hour x $85 per hour = $850...........................              $0             $850          $41,650
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    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
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                                                             Cost per
            Labor cost                   Parts cost           product
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9 work-hours x $85 per hour = $765  $9,280 per window...         $10,045
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    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected individuals. The FAA does not control warranty 
coverage for affected individuals. As a result, the FAA has included 
all known costs in our cost estimate.

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) 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 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

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

    Embraer S.A.: Docket No. FAA-2020-0584; Product Identifier 2020-
NM-069-AD.

(a) Comments Due Date

    The FAA must receive comments by August 31, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-550 and EMB-545 
airplanes, certificated in any category, as identified in 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 
2020-04-01R01, effective May 22, 2020 (``Brazilian AD 2020-04-
01R01'').

(d) Subject

    Air Transport Association (ATA) of America Code 56, Windows.

(e) Reason

    This AD was prompted by reports of cracks, delamination, and 
failure of the flight deck side windows during certification fatigue 
tests. The FAA is issuing this AD to address such cracks and 
delamination, which could cause the flight deck side windows to fail 
and lead to an in-flight depressurization event.

(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, Brazilian AD 2020-04-01R01.

(h) Exceptions and Clarifications to Brazilian AD 2020-04-01R01

    (1) Where Brazilian AD 2020-04-01R01 refers to its effective 
date, or ``17 April, 2020, the effective date of the original issue 
of this AD,'' this AD requires using the effective date of this AD.
    (2) Where Brazilian AD 2020-04-01R01 refers to the compliance 
time of the repetitive inspections, ``at each 750 Flight Hours 
(FH),'' this AD requires a compliance time of, ``at intervals not to 
exceed 750 flight hours.''
    (3) Where Brazilian AD 2020-04-01R01 refers to, ``in case of no 
crack, delamination or any other damage which do not allow to 
properly perform the required inspection by this AD, no action is 
required at this time,'' this AD requires that in the case of no 
crack or delamination that no further action is required until the 
next inspection interval.
    (4) Where Brazilian AD 2020-04-01R01 refers to the compliance 
time for the replacement of the flight deck side windows as, 
``before the airplane logs 3,400 Flight Cycles Since New (FCSN),'' 
this AD requires a compliance time of ``before the airplane logs 
3,400 FCSN, or within 50 flight cycles, whichever occurs later.''

[[Page 43499]]

    (5) Replacement of the flight deck side windows as specified in 
paragraph (c)(1) of Brazilian AD 2020-04-01R01 terminates the 
repetitive inspections for the flight deck side windows specified in 
paragraph (b)(2) of Brazilian AD 2020-04-01R01.
    (6) The ``Alternative method of compliance (AMOC)'' section of 
Brazilian AD 2020-04-01R01 does not apply to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (j)(2) of this AD. Information may be emailed to: [email protected]. 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.
    (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, Large Aircraft 
Section, 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) Related Information

    (1) For information about Brazilian AD 2020-04-01R01, contact 
National Civil Aviation Agency, Aeronautical Products Certification 
Branch (GGCP), Rua Laurent Martins, no 209, Jardim Esplanada, CEP 
12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 
55 (12) 3203-6600; email [email protected]; internet www.anac.gov.br/
en/. You may find this Brazilian AD on the ANAC website at https://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. 
This material may be found in the AD docket on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0584.
    (2) For more information about this AD, contact Kathleen 
Arrigotti, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3218; [email protected].


    Issued on July 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.

[FR Doc. 2020-15333 Filed 7-16-20; 8:45 am]
BILLING CODE 4910-13-P