Proposed Rule2022-14867
Airworthiness Directives; Embraer S.A. Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 13, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 a report that there is a possibility of the shoulder belt getting stuck during flight due to a step between the divan shroud chamfer and the sideledge panel. This proposed AD would require installing, on the right- and left-hand side divan, a protective fairing covering on the divan shroud and the sideledge panel, 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Proposed Rules]
[Pages 41629-41632]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14867]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0873; Project Identifier MCAI-2022-00060-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 adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model EMB-545 and EMB-550 airplanes. This
proposed AD was prompted by a report that there is a possibility of the
shoulder belt getting stuck during flight due to a step between the
divan shroud chamfer and the sideledge panel. This proposed AD would
require installing, on the right- and left-hand side divan, a
protective fairing covering on the divan shroud and the sideledge
panel, 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 proposed AD by August 29,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material that will be incorporated by reference (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 <a href="/cdn-cgi/l/email-protection#f5859496b5949b9496db929a83db9787"><span class="__cf_email__" data-cfemail="d4a4b5b794b5bab5b7fab3bba2fab6a6">[email protected]</span></a>;
internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/. You may find this material on the ANAC
website
[[Page 41630]]
at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>. 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 in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0873.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0873; 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.
FOR FURTHER INFORMATION CONTACT: Ho-Joon Lim, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 206-231-3405; email <a href="/cdn-cgi/l/email-protection#b4dcdb99dedbdbda9ad8ddd9f4d2d5d59ad3dbc2"><span class="__cf_email__" data-cfemail="274f480a4d484849094b4e4a6741464609404851">[email protected]</span></a>.
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-2022-0873; Project Identifier
MCAI-2022-00060-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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 Ho-
Joon Lim, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone 206-231-3405; email <a href="/cdn-cgi/l/email-protection#91f9febcfbfefeffbffdf8fcd1f7f0f0bff6fee7"><span class="__cf_email__" data-cfemail="87efe8aaede8e8e9a9ebeeeac7e1e6e6a9e0e8f1">[email protected]</span></a>. 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 2021-11-01R1, effective January 21, 2022 (ANAC AD 2021-11-01R1)
(also referred to as the MCAI), to correct an unsafe condition for
certain Embraer S.A. Model EMB-545 and EMB-550 airplanes.
This proposed AD was prompted by a report that there is a
possibility of the shoulder belt getting stuck during flight due to a
step between the divan shroud chamfer and the sideledge panel. This set
up may interfere with the correct kinematics of the shoulder belt
during its retraction. The FAA is proposing this AD to address the
possibility of a stuck shoulder belt during flight, which could affect
the shoulder belt release during turbulence or an emergency landing
situation and result in injury to passengers and the flightcrew. See
the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
ANAC AD 2021-11-01R1 specifies procedures for installing, on the
right- and left-hand side divan, a protective fairing covering on the
divan shroud and the sideledge panel. 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
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 the 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 these same type designs.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in ANAC AD 2021-11-01R1 described previously, 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 2021-11-01R1 by reference in the
FAA final rule. This proposed AD would, therefore, require compliance
with ANAC AD 2021-11-01R1 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 2021-
11-01R1 for compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2022-0873 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 63 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 41631]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 14 work-hours x $85 per hour = Up $400 Up to $1,590.............. Up to $100,170.
to $1,190.
----------------------------------------------------------------------------------------------------------------
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 operators. The FAA does not control warranty
coverage for affected operators. 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 adding the following new airworthiness
directive:
Embraer S.A.: Docket No. FAA-2022-0873; Project Identifier MCAI-
2022-00060-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by August 29, 2022.
(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 paragraph
(a)(2) of Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD 2021-11-01R1, effective January 21, 2022 (ANAC AD 2021-11-
01R1).
(d) Subject
Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.
(e) Unsafe Condition
This AD was prompted by a report that there is a possibility of
the shoulder belt getting stuck during flight due to a step between
the divan shroud chamfer and the sideledge panel. This set up may
interfere with the correct kinematics of the shoulder belt during
its retraction. The FAA is issuing this AD to address the
possibility of a stuck shoulder belt during flight, which could
affect the shoulder belt release during turbulence or an emergency
landing situation and result in injury to passengers and the
flightcrew.
(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 2021-11-01R1.
(h) Exceptions to ANAC AD 2021-11-01R1
(1) Where ANAC AD 2021-11-01R1 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The requirements specified in paragraph (b)(1) of ANAC AD
2021-11-01R1 do not apply to this AD.
(3) Where paragraph (b)(2) of ANAC AD 2021-11-01R1 specifies
that it applies to certain airplanes, replace the text ``airplanes
identified in paragraph (a)(2) of this [ANAC] AD, and which are not
listed in the paragraph (a)(1) of this [ANAC] AD,'' with ``airplanes
identified in paragraph (a)(2) of this [ANAC] AD.''
(4) The ``Alternative method of compliance (AMOC)'' section of
ANAC AD 2021-11-01R1 does not apply to this AD.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ae9783eff8fd83efe7fc83999d9e83efe3e1edeec8cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="556c7814030678141c07786266657814181a16153334347b323a23">[email protected]</span></a>.
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, Large Aircraft
Section, 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) Related Information
(1) For ANAC AD 2021-11-01R1, 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 <a href="/cdn-cgi/l/email-protection#88f8e9ebc8e9e6e9eba6efe7fea6eafa"><span class="__cf_email__" data-cfemail="d6a6b7b596b7b8b7b5f8b1b9a0f8b4a4">[email protected]</span></a>; internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/.
You may find this ANAC AD on the ANAC website at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>. You may view this
material at the FAA, Airworthiness Products Section,
[[Page 41632]]
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. This material may be found in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2022-0873.
(2) For more information about this AD, contact Ho-Joon Lim,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3405; email <a href="/cdn-cgi/l/email-protection#234b4c0e494c4c4d0d4f4a4e634542420d444c55"><span class="__cf_email__" data-cfemail="f1999edc9b9e9e9fdf9d989cb1979090df969e87">[email protected]</span></a>.
Issued on July 7, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-14867 Filed 7-12-22; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 13, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.