[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Rules and Regulations]
[Pages 81385-81388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27619]


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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; Amendment 
39-21349; AD 2020-25-07]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model EMB-550 and EMB-545 airplanes. This AD was 
prompted by reports of cracks, delamination, and failure of the flight 
deck side windows during certification fatigue tests. This AD requires 
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 is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective January 21, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 21, 
2021.

ADDRESSES: For material incorporated by reference (IBR) 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--S[atilde]o Jos[eacute] dos 
Campos--SP, BRAZIL, Tel: 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. 
You may view this IBR material at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 2200 South 216th St., Des Moines, 
WA. For

[[Page 81386]]

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 final rule, 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.

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:

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2020-04-01R01, effective May 22, 2020 (``ANAC 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.
    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 EMB-550 and EMB-545 airplanes. The NPRM published in the Federal 
Register on July 17, 2020 (85 FR 43496). The NPRM was prompted by 
reports of cracks, delamination, and failure of the flight deck side 
windows during certification fatigue tests. The NPRM proposed to 
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 ANAC AD 2020-04-01R01.
    The FAA is issuing this AD to address 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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The following presents the comment received 
on the NPRM and the FAA's response to each comment.

Request To Revise Exception to ANAC AD 2020-04-01R01 When No Crack, 
Delamination, or Damage Is Found

    Embraer requested that the FAA revise the exception to ANAC AD 
2020-04-01R01 in paragraph (h)(3) of the proposed AD. Embraer proposed 
the language be revised to: ``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 findings in item (i) or (ii), no action is required by this AD until 
the next inspection interval.'' Embraer stated that its concern is that 
the current language in paragraph (h)(3) of the proposed AD may have an 
interpretation other than the original intent, which is to give 
instruction for the case of no damage is found as defined in paragraphs 
(b)(1)(i) and (b)(1)(ii) of ANAC AD 2020-04-01R01.
    Embraer also stated that, since delamination (commonly defined as a 
reduced adhesion or separation of the interlayer between the acrylic 
plies) is found in airplane windows, the concern was to define this 
with additional detail in ANAC AD 2020-04-01R01 with the conditions 
related to the unsafe condition, which is the presence of cracks in the 
bolt holes. Embraer commented that delamination in the bolt holes area 
is not considered a critical structural concern; however, it could 
impede or make the crack inspection inconclusive. Embraer also pointed 
out that the window is required to be replaced with a window having the 
new part number when delamination is found.
    Embraer stated that the NPRM could be interpreted to require 
immediate window replacement, even though delamination typically found 
in the visible areas of windows and other typical damage (scratches, 
crazing, etc.) are not immediate structural issues. Embraer pointed out 
that this delamination and damage are more of a visual aspect that many 
times result in early window replacements. Embraer also commented that 
the maintenance procedures are provided with the typical limits defined 
by the windows manufacturer for typical damages.
    The FAA agrees with the commenter for the reasons provided above. 
Therefore, the FAA has revised paragraph (h)(3) of this AD as suggested 
by Embraer. This revision of paragraph (h)(3) of this AD provides 
further clarification of the exception to the requirements of 
paragraphs (b)(1)(i) and (ii) of ANAC AD 2020-04-01R01.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    ANAC 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.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
10 work-hour x $85 per hour = $850...........................              $0             $850          $41,650
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[[Page 81387]]

    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
------------------------------------------------------------------------
                                                             Cost per
            Labor cost                   Parts cost           product
------------------------------------------------------------------------
9 work-hours x $85 per hour = $765  $9,280 per window...         $10,045
------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this 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

    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.

Adoption of 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

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):

2020-25-07 Embraer S.A.: Amendment 39-21349; Docket No. FAA-2020-
0584; Product Identifier 2020-NM-069-AD.

(a) Effective Date

    This AD is effective January 21, 2021.

(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 (``ANAC 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, ANAC AD 2020-04-01R01.

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

    (1) Where ANAC AD 2020-04-01R01 refers to its effective date, or 
``17 April, 2020, the effective date of the original issue of this 
[ANAC] AD,'' this AD requires using the effective date of this AD.
    (2) Where ANAC 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 ANAC 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 [ANAC] AD, no 
action is required at this time,'' this AD requires that in the case 
of no findings in paragraphs (b)(1)(i) and (ii) of ANAC AD 2020-04-
01R01, no action is required by this AD until the next inspection 
interval.
    (4) Where ANAC 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.''
    (5) Replacement of the flight deck side windows as specified in 
paragraph (c)(1) of ANAC AD 2020-04-01R01 terminates the repetitive 
inspections for the flight deck side windows specified in paragraph 
(b)(2) of ANAC AD 2020-04-01R01.
    (6) The ``Alternative method of compliance (AMOC)'' section of 
ANAC 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 responsible Flight 
Standards 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) of this 
AD. Information may be emailed to: 9-AVS-AIR-

[[Page 81388]]

[email protected]. 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, 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

    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].

(k) 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) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2020-04-01R01, effective May 22, 2020.
    (ii) [Reserved]
    (3) For ANAC AD 2020-04-01R01, 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--S[atilde]o Jos[eacute] 
dos Campos--SP, BRAZIL, Tel: 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.
    (4) 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.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27619 Filed 12-15-20; 8:45 am]
BILLING CODE 4910-13-P