[Federal Register Volume 89, Number 186 (Wednesday, September 25, 2024)]
[Rules and Regulations]
[Pages 78229-78231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21853]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1304; Project Identifier MCAI-2023-01134-T; 
Amendment 39-22822; AD 2024-16-16]
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 superseding Airworthiness Directive (AD) 2020-25-
07, which applied to certain Embraer S.A. Model EMB-550 and EMB-545 
airplanes. AD 2020-25-07 required 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 AD continues to require the actions 
in AD 2020-25-07, expands the list of affected parts, and prohibits the 
installation of affected parts, 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 30, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 30, 
2024.

ADDRESSES: 
    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 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; website anac.gov.br/en/. You may 
find this material on the ANAC website 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 Street, 
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-2024-1304.

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: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-25-07, Amendment 39-21349 (85 FR 
81385, December 16, 2020) (AD 2020-25-07). AD 2020-25-07 applied to 
certain Embraer S.A. Model EMB-550 and EMB-545 airplanes. AD 2020-25-07 
required 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 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.
    The NPRM published in the Federal Register on May 17, 2024 (89 FR 
43336). The NPRM was prompted by AD 2020-04-01R02, effective November 
2, 2023, issued by ANAC, which is the aviation authority for Brazil 
(ANAC AD 2020-04-01R02) (also referred to as the MCAI). 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.
    In the NPRM, the FAA proposed to 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 ANAC AD 2020-04-01R02. 
The FAA is issuing 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.

Discussion of Final Airworthiness Directive

Comments

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

Additional Changes Made to This AD

    The FAA revised paragraph (h)(5) of this AD to clarify that the 50 
flight cycle grace period is ``within 50 flight cycles after the 
effective date of this AD.'' In the proposed AD, the FAA inadvertently 
omitted the wording ``after the effective date of this AD.''
    After the FAA issued the proposed AD, ANAC issued an Errata to ANAC 
AD 2020-04-01R02, effective November 2, 2023, to clarify the actions if 
an inspection is done and delamination or other damage which does not 
impact the ability to properly perform the inspection is found. As 
originally written, operators could have concluded a windshield needed 
to be replaced even if the only inspection finding was delamination in 
an area that did not impede the inspection. The FAA has revised 
paragraph (h)(3) of this AD to clarify the action for this condition.

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, and any other changes described 
previously, this AD is

[[Page 78230]]

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

    ANAC AD 2020-04-01R02 specifies procedures for initial and 
repetitive detailed inspections of the left-hand flight deck side 
window P/N NP-200402-1 or P/N NP-200402-5 and right-hand flight deck 
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.

Costs of Compliance

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

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
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Retained actions from AD 2020-25- 1 work-hour x $85                $0   $85 per inspection   $3,740 per
 07.                               per hour = $85 per                    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
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              Labor cost                   Parts cost    Cost per window
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15 work-hours x $85 per hour = $1,275.         $21,636          $22,911
------------------------------------------------------------------------

    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 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

    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:
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:

2024-16-16 Embraer S.A.: Amendment 39-22822; Docket No. FAA-2024-
1304; Project Identifier MCAI-2023-01134-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 30, 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).

[[Page 78231]]

(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 findings specified in paragraphs 
(b)(1)(i) and (ii) 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 after the 
effective date of this AD, 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 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 2020-04-01R02, effective November 2, 2023.
    (ii) [Reserved]
    (3) For ANAC material 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 
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 September 19, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-21853 Filed 9-24-24; 8:45 am]
BILLING CODE 4910-13-P