[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Proposed Rules]
[Pages 41629-41632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14867]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0873; Project Identifier MCAI-2022-00060-T]
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-545 and EMB-550 airplanes. This 
proposed AD was prompted by a report that there is a possibility of the 
shoulder belt getting stuck during flight due to a step between the 
divan shroud chamfer and the sideledge panel. This proposed AD would 
require installing, on the right- and left-hand side divan, a 
protective fairing covering on the divan shroud and the sideledge 
panel, as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o 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 proposed AD by August 29, 
2022.

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 that will be 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; telephone 55 (12) 3203-6600; email [email protected]; 
internet www.anac.gov.br/en/. You may find this material on the ANAC 
website

[[Page 41630]]

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. It is 
also available in the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0873.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0873; 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.

FOR FURTHER INFORMATION CONTACT: Ho-Joon Lim, Aerospace Engineer, Large 
Aircraft Section, FAA, International Validation Branch, 2200 South 
216th St., Des Moines, WA 98198; telephone 206-231-3405; email [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 ADDRESSES. Include ``Docket No. FAA-2022-0873; Project Identifier 
MCAI-2022-00060-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 
https://www.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 Ho-
Joon Lim, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 206-231-3405; email [email protected]. Any 
commentary that the FAA receives which 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 2021-11-01R1, effective January 21, 2022 (ANAC AD 2021-11-01R1) 
(also referred to as the MCAI), to correct an unsafe condition for 
certain Embraer S.A. Model EMB-545 and EMB-550 airplanes.
    This proposed AD was prompted by a report that there is a 
possibility of the shoulder belt getting stuck during flight due to a 
step between the divan shroud chamfer and the sideledge panel. This set 
up may interfere with the correct kinematics of the shoulder belt 
during its retraction. The FAA is proposing this AD to address the 
possibility of a stuck shoulder belt during flight, which could affect 
the shoulder belt release during turbulence or an emergency landing 
situation and result in injury to passengers and the flightcrew. See 
the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2021-11-01R1 specifies procedures for installing, on the 
right- and left-hand side divan, a protective fairing covering on the 
divan shroud and the sideledge panel. 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

    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 the 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 these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in ANAC AD 2021-11-01R1 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 2021-11-01R1 by reference in the 
FAA final rule. This proposed AD would, therefore, require compliance 
with ANAC AD 2021-11-01R1 in its entirety through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Service information required by ANAC AD 2021-
11-01R1 for compliance will be available at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2022-0873 after the FAA 
final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 63 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 41631]]



                                      Estimated Costs for Required Actions
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               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
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Up to 14 work-hours x $85 per hour = Up             $400  Up to $1,590..............  Up to $100,170.
 to $1,190.
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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 operators. The FAA does not control warranty 
coverage for affected operators. As a result, the FAA has included all 
known costs in the 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) 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

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:

Embraer S.A.: Docket No. FAA-2022-0873; Project Identifier MCAI-
2022-00060-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 29, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-545 and EMB-550 
airplanes, certificated in any category, as identified in paragraph 
(a)(2) of Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD 2021-11-01R1, effective January 21, 2022 (ANAC AD 2021-11-
01R1).

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Unsafe Condition

    This AD was prompted by a report that there is a possibility of 
the shoulder belt getting stuck during flight due to a step between 
the divan shroud chamfer and the sideledge panel. This set up may 
interfere with the correct kinematics of the shoulder belt during 
its retraction. The FAA is issuing this AD to address the 
possibility of a stuck shoulder belt during flight, which could 
affect the shoulder belt release during turbulence or an emergency 
landing situation and result in injury to passengers and the 
flightcrew.

(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 2021-11-01R1.

(h) Exceptions to ANAC AD 2021-11-01R1

    (1) Where ANAC AD 2021-11-01R1 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The requirements specified in paragraph (b)(1) of ANAC AD 
2021-11-01R1 do not apply to this AD.
    (3) Where paragraph (b)(2) of ANAC AD 2021-11-01R1 specifies 
that it applies to certain airplanes, replace the text ``airplanes 
identified in paragraph (a)(2) of this [ANAC] AD, and which are not 
listed in the paragraph (a)(1) of this [ANAC] AD,'' with ``airplanes 
identified in paragraph (a)(2) of this [ANAC] AD.''
    (4) The ``Alternative method of compliance (AMOC)'' section of 
ANAC AD 2021-11-01R1 does not apply to this AD.

(i) Additional 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)(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 
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

    (1) For ANAC AD 2021-11-01R1, 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; telephone 55 
(12) 3203-6600; email [email protected]; internet www.anac.gov.br/en/. 
You may find this ANAC 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,

[[Page 41632]]

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 at https://www.regulations.gov by searching for and locating Docket No. FAA-
2022-0873.
    (2) For more information about this AD, contact Ho-Joon Lim, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3405; email [email protected].

    Issued on July 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-14867 Filed 7-12-22; 8:45 am]
BILLING CODE 4910-13-P