[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Proposed Rules]
[Pages 16489-16491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04570]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0455; Project Identifier MCAI-2023-00997-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 occurrences of premature cracks in the 
outer layer of certain flight deck side windows caused by interference 
due to manufacturing tolerances. This proposed AD would require initial 
and repetitive inspections of the flight deck side windows and 
applicable corrective actions, and would prohibit the installation of 
affected flight deck side windows, as specified in an Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD. 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 April 22, 
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-2024-0455; 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 material that is proposed for 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 anac.gov.br">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-2024-0455.
     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.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 206-231-3653; email: faa.gov">hassan.m.ibrahim@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-2024-0455; Project Identifier 
MCAI-2023-00997-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 
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 
Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone: 206-231-3653; email: 
faa.gov">hassan.m.ibrahim@faa.gov. 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 2023-08-03R01, effective November 2, 2023 (ANAC AD 2023-08-03R01) 
(also referred to as the MCAI), to correct an unsafe condition for 
Embraer S.A. Model EMB-550 and EMB-545 airplanes. The MCAI states 
premature

[[Page 16490]]

cracks have occurred in the outer layer of left-hand and right-hand 
flight deck side windows with part number (P/N) NP-200402-7 or P/N NP-
200402-8, caused by interference due to manufacturing tolerances.
    The FAA is proposing this AD to address cracks, delamination, and 
any other damage with the affected left-hand and right-hand flight deck 
side windows. The unsafe condition, if not addressed, may subject the 
inner layer of the window to unpredicted loads for several flights, 
which could result in window failure and subsequent in-flight 
depressurization events.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0455.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2023-08-03R01 specifies procedures for initial and 
repetitive general visual inspections of the left-hand and right-hand 
flight deck side windows to detect cracks, delamination, and any other 
damage (such as scratches, chipping, erosion, and crazing). ANAC AD 
2023-08-03R01 specifies replacing any cracked window with a new window 
P/N NP-200402-9 or P/N NP-200402-10, as applicable. ANAC AD 2023-08-
03R01 also prohibits the installation of flight deck side windows with 
P/N NP-200402-7 or P/N NP-200402-8, on any airplane.
    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

    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 is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in 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 2023-08-03R01 described previously, except as specified 
under ``Difference Between this Proposed AD and the Service 
Information,'' and 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 2023-08-03R01 by reference in the 
FAA final rule. This proposed AD would, therefore, require compliance 
with ANAC AD 2023-08-03R01 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 2023-
08-03R01 for compliance will be available at regulations.gov under 
Docket No. FAA-2024-0455 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 44 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      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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1 work-hour x $85 per hour = $85.............................              $0              $85           $3,740
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    The FAA estimates the following costs to do any necessary on-
condition actions 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 these on-condition actions:

                 Estimated Costs of On-Condition Actions
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             Labor cost                 Parts cost      Cost per window
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15 work-hours x $85 per hour =              $21,636             $22,911
 $1,2750...........................
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or 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

[[Page 16491]]

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-2024-0455; Project Identifier MCAI-
2023-00997-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by April 22, 2024.

(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 
2023-08-03R01, effective November 2, 2023 (ANAC AD 2023-08-03R01).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by occurrences of premature cracks in the 
outer layer of certain flight deck side windows caused by 
interference due to manufacturing tolerances. The FAA is issuing 
this AD to address cracks, delamination, and any other damage of the 
flight deck side windows. The unsafe condition, if not addressed, 
may subject the inner layer of the window to unpredicted loads for 
several flights, which could result in window failure and subsequent 
in-flight depressurization events.

(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 2023-08-03R01.

(h) Exceptions to ANAC AD 2023-08-03R01

    (1) Where ANAC AD 2023-08-03R01 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where paragraph (b)(1)(i) of ANAC AD 2023-08-03R01 says ``In 
case of any crack in the outer layer is detected, before the next 
flight, replace the damaged window,'' for this AD, replace that 
wording with ``If any crack, delamination, or any other damage is 
found, before the next flight, replace the affected window.''
    (3) Where paragraph (b)(2) of ANAC AD 2023-08-03R01 says ``at 
each 2,000 FC,'' for this AD, replace that wording with ``at 
intervals not to exceed 2,000 FC.''
    (4) This AD does not adopt paragraph (d) of ANAC AD 2023-08-
03R01.

(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 of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) of this AD. Information may be emailed to: faa.gov">AVS-AIR-730-AMOC@faa.gov faa.gov. 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, 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) Additional Information

    For more information about this AD, contact Hassan Ibrahim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3653; email: 
faa.gov">hassan.m.ibrahim@faa.gov.

(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 2023-08-03R01, effective November 2, 2023.
    (ii) [Reserved].
    (3) For ANAC AD 2023-08-03R01, 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 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 [email protected].

    Issued on February 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-04570 Filed 3-6-24; 8:45 am]
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