[Federal Register Volume 89, Number 119 (Thursday, June 20, 2024)]
[Proposed Rules]
[Pages 51853-51856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-13278]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1484; Project Identifier MCAI-2023-00968-A]
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. (Embraer) Model EMB-505 airplanes. This 
proposed AD was prompted by analysis of the left-hand (LH) refreshment 
center and LH forward cabinet that identified the need for installing 
structural reinforcements. This proposed AD would require installing 
structural reinforcements 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 NPRM by August 5, 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-2024-1484; or in person at

[[Page 51854]]

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 ANAC, Continuing Airworthiness 
Technical Branch (GTAC), Rua Doutor 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; phone: 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-2024-1484.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4165; 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-2024-1484; Project Identifier 
MCAI-2023-00968-A'' 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 Jim 
Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590. 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 2023-07-01, effective August 10, 2023, as corrected by ANAC 
Airworthiness Directive Errata, effective August 10, 2023 (ANAC AD 
2023-07-01) (also referred to as the MCAI) to correct an unsafe 
condition on certain serial-numbered Embraer Model EMB-505 airplanes. 
The MCAI states that analysis identified that the LH refreshment center 
and LH forward cabinet might not withstand the loads expected for 
specific emergency landing conditions, which may cause the detachment 
of mass items and cause injuries to the airplane occupants. In 
addition, the MCAI includes errata to correct a printing error in the 
original English version of the MCAI. The MCAI requires installing 
structural reinforcements.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1484.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed ANAC AD 2023-07-01, which specifies procedures for 
installing structural reinforcements.
    This service information 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

    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 this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on 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 2023-07-01, except for any differences identified as 
exceptions in the regulatory text of this proposed AD and except as 
discussed under ``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The service information specified in ANAC AD 2023-07-01 allows the 
use of alternative or similar parts in place of the ones specified in 
the kits, provided these alternative or similar parts are approved by 
Embraer, but this proposed AD would require approval from either the 
Manager, International Validation Branch, FAA; ANAC; or ANAC's 
authorized Designee.

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 2023-07-01 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
ANAC AD 2023-07-01 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 2023-07-01 
will be available at regulations.gov under Docket No. FAA-2024-1484 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 229 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD.

[[Page 51855]]



                                                 Estimated Costs
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                                                                                     Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Install structural reinforcements.....  11 work-hours x $85 per           $1,600          $2,535        $580,515
                                         hour = $935.
----------------------------------------------------------------------------------------------------------------

    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 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-2024-1484; Project Identifier MCAI-
2023-00968-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by August 5, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-505 airplanes, 
certificated in any category, as identified in Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2023-07-01, 
effective August 10, 2023, as corrected by ANAC Airworthiness 
Directive Errata, effective August 10, 2023 (ANAC AD 2023-07-01).

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by an analysis that the left-hand (LH) 
refreshment center and LH forward cabinet might not withstand the 
loads expected for specific emergency landing conditions. The FAA is 
issuing this AD to address the possibility of detachment of mass 
items during specific emergency landing conditions. The unsafe 
condition, if not addressed, could result in injuries to the 
airplane occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, ANAC AD 2023-07-01.

(h) Exceptions to ANAC AD 2023-07-01

    (1) Where ANAC AD 2023-07-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Although the service information referenced in ANAC AD 2023-
07-01 allows the use of alternative or similar parts in place of the 
ones specified in the kits provided, this AD requires that 
alternative or similar parts be approved by the Manager, 
International Validation Branch, FAA; ANAC; or ANAC's authorized 
Designee. If approved by the ANAC Designee, the approval must 
include the Designee's authorized signature.
    (3) Where the service information referenced in ANAC AD 2023-07-
01 specifies to ``discard'' certain parts, for this AD replace that 
text with ``remove from service.''
    (4) This AD does not adopt paragraphs (c) and (d) of ANAC AD 
2023-07-01.

(i) No Reporting Requirement

    Although the service information referenced in ANAC AD 2023-07-
01 specifies to submit certain information to the manufacturer, this 
AD does not include that requirement.

(j) 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (k) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local Flight Standards District Office/
certificate holding district office.

(k) Additional Information

    For more information about this AD, contact Jim Rutherford, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4165; email: 
[email protected].

(l) 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 the AD specifies otherwise.

[[Page 51856]]

    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-07-01, effective August 10, 2023, as corrected by ANAC 
Airworthiness Directive Errata, effective August 10, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-07-01 contact ANAC, Continuing 
Airworthiness Technical Branch (GTAC), Rua Doutor 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; phone: 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.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material 
at the FAA, call (817) 222-5110.
    (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 June 11, 2024.
James D. Foltz,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-13278 Filed 6-18-24; 8:45 am]
BILLING CODE 4910-13-P