[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Proposed Rules]
[Pages 43336-43339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10508]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Proposed 
Rules  

[[Page 43336]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1304; Project Identifier MCAI-2023-01134-T]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-25-07, which applies to certain Embraer S.A. Model EMB-550 and 
EMB-545 airplanes. AD 2020-25-07 requires repetitive inspections of the 
flight deck side windows for any cracking or delamination, corrective 
action if necessary, and eventual replacement of the windows. Since the 
FAA issued AD 2020-25-07, additional part numbers were added to the 
installation prohibition list. This proposed AD would continue to 
require the actions in AD 2020-25-07, expand the list of affected 
parts, and prohibit the installation of affected parts, as specified in 
an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, 
which is proposed for incorporation by reference (IBR). 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 July 1, 
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-2024-1304; 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 ANAC material, 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 sistemas.anac.gov.br/certificacao/DA/
DAE.asp. It is also available at regulations.gov under Docket No. FAA-
2024-1304.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
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; 
telephone 206-231-3653; 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-2024-1304; Project Identifier 
MCAI-2023-01134-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; telephone 206-231-3653; 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

    The FAA issued AD 2020-25-07, Amendment 39-21349 (85 FR 81385, 
December 16, 2020) (AD 2020-25-07), for certain Embraer S.A. Model EMB-
550 and EMB-545 airplanes. AD 2020-25-07 was prompted by an MCAI 
originated by ANAC, which is the aviation authority for Brazil. ANAC 
issued AD 2020-04-01R01, effective May 22, 2020, to correct an unsafe 
condition.
    AD 2020-25-07 requires repetitive inspections of the flight deck 
side windows for any cracking or delamination, corrective action if 
necessary, and eventual replacement of the windows. The FAA issued AD

[[Page 43337]]

2020-25-07 to address cracks and delamination, which could cause the 
flight deck side windows to fail and lead to an in-flight 
depressurization event.

Actions Since AD 2020-25-07 Was Issued

    Since the FAA issued AD 2020-25-07, ANAC superseded ANAC AD 2020-
04-01R01, effective May 22, 2020, and issued ANAC AD 2020-04-01R02, 
effective November 2, 2023 (ANAC AD 2020-04-01R02) (also referred to as 
the MCAI), to correct an unsafe condition for certain Embraer S.A. 
Model EMB-550 and EMB-545 airplanes. The MCAI states that part number 
(P/N) NP-200402-7 and P/N NP-200402-8, made mandatory by the previous 
revisions of the MCAI, have not had the expected effect on the fleet as 
premature cracks in the outer layer of windows with P/N NP-200402-7 and 
P/N NP-200402-8 have been found. These cracks may be undetected, and 
the inner layer may be subjected to unpredicted loads for several 
flights, which could result in window failure and subsequent in-flight 
depressurization events.
    The FAA is proposing this AD to address the unsafe condition on 
these products. You may examine the MCAI in the AD docket at 
regulations.gov under Docket No. FAA-2024-1304.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2020-25-07, this proposed AD would retain all of the 
requirements of AD 2020-25-07. Those requirements are referenced in 
ANAC AD 2020-04-01R02, which, in turn, is referenced in paragraph (g) 
of this proposed AD.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2020-04-01R02 specifies procedures for initial and 
repetitive detailed inspections of the left-hand cockpit side window P/
N NP-200402-1 or P/N NP-200402-5 and right-hand cockpit side window P/N 
NP-200402-2 or P/N NP-200402-6 to detect cracks, delamination, or any 
other damage (such as scratches, chipping, erosion, and crazing), and 
replacement of the windows with a new window P/N NP-200402-9 or P/N NP-
200402-10, as applicable. ANAC AD 2020-04-01R02 also prohibits the 
installation of flight deck side windows with P/N NP-200402-1, P/N NP-
200402-2, P/N NP-200402-5, P/N NP-200402-6, P/N NP-200402-7, and 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 the ADDRESSES section.

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 2020-04-01R02 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. This proposed AD would also prohibit the installation of 
affected parts.

Additional Proposed Changes in This NPRM

    In the ``Costs of Compliance'' section, AD 2020-25-07 stated an 
incorrect estimated costs for required actions. This NPRM corrects the 
estimated cost of the required action of inspecting the windows from 10 
work-hours to 1 work-hour. The on-condition actions of replacing the 
windows have been updated to the latest cost and work-hours.

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 2020-04-01R02 by reference in the 
FAA final rule. This proposed AD would, therefore, require compliance 
with ANAC AD 2020-04-01R02 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 2020-
04-01R02 for compliance will be available at regulations.gov under 
Docket No. FAA-2024-1304 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
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                     Labor cost          Parts cost     Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-   1 work-hour x $85 per                $0  $85, per            $3,740, per
 25-07.                           hour = $85, per                          inspection cycle.   inspection cycle.
                                  inspection cycle.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
              Labor cost                   Parts cost    Cost per window
------------------------------------------------------------------------
15 work-hours x $85 per hour = $1,275.         $21,636          $22,911
------------------------------------------------------------------------


[[Page 43338]]

    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 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:
0
a. Removing Airworthiness Directive 2020-25-07, Amendment 39-21349 (85 
FR 81385, December 16, 2020); and
0
b. Adding the following new airworthiness directive:

Embraer S.A.: Docket No. FAA-2024-1304; Project Identifier MCAI-
2023-01134-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 1, 2024.

(b) Affected ADs

    This AD replaces AD 2020-25-07, Amendment 39-21349 (85 FR 81385, 
December 16, 2020) (AD 2020-25-07).

(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 
2020-04-01R02, effective November 2, 2023 (ANAC AD 2020-04-01R02).

(d) Subject

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

(e) Unsafe Condition

    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, and any other damage of the flight deck side windows. 
The unsafe condition, if not addressed, could result in 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 2020-04-01R02.

(h) Exceptions to ANAC AD 2020-04-01R02

    (1) Where ANAC AD 2020-04-01R02 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where paragraph (b)(1) of ANAC AD 2020-04-01R02 refers to 
April 17, 2020 (the effective date of the original issue of ANAC AD 
2020-04-01), this AD requires using January 21, 2021 (the effective 
date of AD 2020-25-07).
    (3) Where paragraph (b)(1)(iii) of ANAC AD 2020-04-01R02 
specifies ``In case of no crack, delamination, or any other damage, 
no action is required at this time,'' this AD requires replacing 
that text with ``In the case of no crack, delamination, or any other 
damage found during the inspection specified in paragraph (b)(1) of 
ANAC AD 2020-04-01R02, no further action is required by this AD 
until the next inspection interval.''
    (4) Where paragraph (b)(2) of ANAC AD 2020-04-01R02 refers to 
the compliance time of the repetitive inspections, ``at each 750 
Flight Hours (FH),'' this AD requires replacing that text with ``at 
intervals not to exceed 750 flight hours.''
    (5) Where paragraph (c) of ANAC AD 2020-04-01R02 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 replacing that text with ``before the 
airplane logs 3,400 FCSN, or within 50 flight cycles, whichever 
occurs later.''
    (6) Replacement of the flight deck side windows as specified in 
paragraph (c) of ANAC AD 2020-04-01R02 terminates the repetitive 
inspections for the flight deck side windows specified in paragraph 
(b)(2) of ANAC AD 2020-04-01R02.
    (7) This AD does not adopt paragraph (e) of ANAC AD 2020-04-
01R02.

(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: [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, 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; telephone 206-231-3653; 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.

[[Page 43339]]

    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2020-04-01R02, effective November 2, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2020-04-01R02, 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 
Street, 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/[email protected]">www.archives.gov/federal-register/cfr/[email protected].

    Issued on May 8, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-10508 Filed 5-16-24; 8:45 am]
BILLING CODE 4910-13-P