[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Rules and Regulations]
[Pages 14885-14887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04936]


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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; 
Amendment 39-22183; AD 2022-19-14]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), 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-545 and EMB-550 airplanes. 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 AD requires 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 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective April 14, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 14, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
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 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 material incorporated by reference (IBR) 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--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-
6600; email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this 
IBR 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 in the AD docket at 
regulations.gov under Docket No. FAA-2022-0873.

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: 

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

[[Page 14886]]

EMB-545 and EMB-550 airplanes. The NPRM published in the Federal 
Register on July 13, 2022 (87 FR 41629). The NPRM was prompted by AD 
2021-11-01R1, issued by ANAC, which is the aviation authority for 
Brazil (referred to after this as the MCAI). The MCAI states 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. This condition, if not addressed, could 
affect the shoulder belt release during turbulence or an emergency 
landing situation and result in injury to passengers and the 
flightcrew.
    In the NPRM, the FAA proposed to 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 ANAC AD 2021-11-01R1.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0873.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

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 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.

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.

Costs of Compliance

    The FAA estimates that this AD affects 63 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 14 work-hours x $85 per hour =            $400  Up to $1,590............  Up to $100,170.
 Up to $1,190.
----------------------------------------------------------------------------------------------------------------

    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 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

    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

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:

2022-19-14 Embraer S.A.: Amendment 39-22183; FAA-2022-0873; Project 
Identifier MCAI-2022-00060-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 14, 2023.

(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

[[Page 14887]]

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 methods 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, 
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, 
International Validation Branch, send it to the attention of the 
person identified in paragraph (j) 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

    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].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2021-11-01R1, effective January 21, 2022.
    (ii) [Reserved]
    (3) For ANAC AD 2021-11-01R1, 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; telephone 55 (12) 3203-6600; email 
anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD 
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 St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.

    Editorial Note: This document was received for publication by 
the Office of the Federal Register on March 7, 2023.
[FR Doc. 2023-04936 Filed 3-9-23; 8:45 am]
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