[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76403-76406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21177]


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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; 
Amendment 39-22805; AD 2024-15-13]
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 occurrences of premature cracks in the outer layer of 
certain flight deck side windows caused by interference due to 
manufacturing tolerances. This AD requires initial and repetitive 
inspections of the flight deck side windows and applicable corrective 
actions, and prohibits the installation of affected flight deck side 
windows, 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 October 23, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 23, 
2024.

ADDRESSES: 
    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 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 ANAC material identified 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;

[[Page 76404]]

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. It is also available at regulations.gov under 
Docket No. FAA-2024-0455.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 206-231-3653; 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 EMB-545 and EMB-550 airplanes. The NPRM published in the Federal 
Register on March 7, 2024 (89 FR 16489). The NPRM was prompted by ANAC 
AD 2023-08-03R01, effective November 2, 2023 (ANAC AD 2023-08-03R01) 
(also referred to as the MCAI). The MCAI stated that premature 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.
    In the NPRM, the FAA proposed to require initial and repetitive 
inspections of the flight deck side windows and applicable corrective 
actions, and to prohibit the installation of affected flight deck side 
windows, as specified in ANAC AD 2023-08-03R01. The FAA is issuing this 
AD to address cracks, delamination, scratches, erosion, and any other 
damage with the affected left-hand and right-hand flight deck side 
windows, which 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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received one comment, from Embraer S.A. The following 
presents the comment received on the NPRM and the FAA's response to the 
comment.

Request for Change to Exceptions Paragraph

    Paragraph (b)(1)(i) of ANAC AD 2023-08-03R01 specified replacement 
of a window if ``any crack in the outer layer'' is detected. Paragraph 
(h)(2) of the proposed AD, however, specified replacement of a window 
if ``any crack, delamination, or any other damage'' is found. Embraer 
stated that delamination is commonly defined as a reduced adhesion or 
separation of the interlayer between the acrylic plies. Embraer claimed 
that delamination is found with some frequency in airplane windows and 
may be present during the inspection. Embraer added that delamination, 
as well as other typical damage (scratches, crazing, etc.) is not a 
structural concern, but would require the immediate window replacement 
according to the proposed AD. Embraer was concerned that the text of 
the proposed AD would require actions beyond the original intent of the 
ANAC AD, which is to provide instructions if a crack is identified. 
Embraer claimed that a crack in the window outer ply caused by the 
interference with its aluminum strap is the condition that may develop 
into the unsafe condition.
    Since the commenter submitted the comment, ANAC has revised the 
MCAI. ANAC AD 2023-08-03R02, effective May 10, 2024 (ANAC AD 2023-08-
03R02), clarifies the corrective actions for damages other than cracks, 
although it does not change the intent: If any crack in the outer layer 
is found, the revised MCAI requires replacing the window, and if 
delamination, scratches, erosion, or any damage other than a crack is 
found, the revised MCAI requires corrective actions that depend on the 
extent of the findings, as specified in Task 56-12-00-200-802-A, 
``Cockpit Side Window--Allowable limits,'' Revision 50, dated May 12, 
2023, as published in Aircraft Maintenance Manual AMM-5613, Part II 
(Maintenance Practices and Procedures-MPP), or further revisions of 
this task approved by ANAC.
    The FAA affirms that maintenance procedures exist with limits 
defined by the window manufacturer in case of delamination, scratches, 
erosion, or any other damage. With the updated procedures, the FAA 
therefore agrees that the exception specified in paragraph (h)(2) of 
the proposed AD is unnecessary. The FAA has made the following changes 
to this AD:
     Paragraph (g) of this AD requires the actions specified in 
ANAC AD 2023-08-03R02 (instead of ANAC AD 2023-08-03R01).
     Paragraph (h)(2) of the proposed AD has been removed from 
this AD.
     Paragraph (i) has been added to this AD to provide credit 
if the actions in ANAC AD 2023-08-03R01 were accomplished before the 
effective date of this AD.

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, considered the 
comments received, 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, and any other changes described previously, this AD is adopted 
as proposed in the NPRM. None of the changes will increase the economic 
burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed ANAC AD 2023-08-03R02, effective May 10, 2024. 
This material specifies procedures for initial and repetitive general 
visual inspections of the left-hand and right-hand flight deck side 
windows with P/N NP-200402-7 or P/N NP-200402-8 to detect cracks, 
delamination, scratches, erosion, and any other damage (such as 
chipping and crazing). Corrective actions include window replacement 
and other maintenance procedures depending on the extent of the 
findings. ANAC AD 2023-08-03R02 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 the ADDRESSES section.

Costs of Compliance

    The FAA estimates this AD affects 44 airplanes of U.S. registry. 
The FAA estimates the following costs to comply with this AD:

[[Page 76405]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
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 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
------------------------------------------------------------------------
            Labor cost                Parts cost       Cost per window
------------------------------------------------------------------------
Up to 15 work-hours x $85 per hour         $21,636  Up to $22,911.
 = $1,275.
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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 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

    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:

2024-15-13 Embraer S.A.: Amendment 39-22805; Docket No. FAA-2024-
0455; Project Identifier MCAI-2023-00997-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 23, 2024.

(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 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 
2023-08-03R02, effective May 10, 2024 (ANAC AD 2023-08-03R02).

(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, scratches, erosion, 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 2023-08-03R02.

(h) Exceptions to ANAC AD 2023-08-03R02

    (1) Where ANAC AD 2023-08-03R02 refers to its effective date or 
``November 02nd, 2023, the effective date of the AD 2023-08-03R01,'' 
this AD requires using the effective date of this AD.
    (2) Where paragraph (b)(2) of ANAC AD 2023-08-03R02 specifies 
``at each 2,000 FC,'' for this AD, replace that text with ``at 
intervals not to exceed 2,000 FC.''
    (3) This AD does not adopt paragraph (d) of ANAC AD 2023-08-
03R02.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using ANAC AD 2023-08-03R01, effective November 2, 
2023.

(j) 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

[[Page 76406]]

paragraph (k) 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.

(k) 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: 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material 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 2023-08-03R02, effective May 10, 2024.
    (ii) [Reserved]
    (3) For ANAC AD 2023-08-03R02 identified 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 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 September 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-21177 Filed 9-17-24; 8:45 am]
BILLING CODE 4910-13-P