Proposed Rule2023-18119
Airworthiness Directives; Embraer S.A. Airplanes
Primary source
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Published
August 24, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 certain monuments (the right- hand refreshment center and left-hand forward cabinet) that identified the need for installing structural reinforcements and replacing certain floor support rivets. This proposed AD would require installing structural reinforcements on certain monuments and replacing certain floor support rivets, 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.
Full Text
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<title>Federal Register, Volume 88 Issue 163 (Thursday, August 24, 2023)</title>
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[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Proposed Rules]
[Pages 57907-57910]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18119]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1717; Project Identifier MCAI-2023-00728-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 certain monuments (the right-
hand refreshment center and left-hand forward cabinet) that identified
the need for installing structural reinforcements and replacing certain
floor support rivets. This proposed AD would require installing
structural reinforcements on certain monuments and replacing certain
floor support rivets, 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 NPRM by October 10, 2023.
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="http://regulations.gov">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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1717; 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:
<bullet> For service information that is proposed for IBR in this
NPRM, 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: <a href="/cdn-cgi/l/email-protection#16667775562a77367e6473702b" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website: <a href="http://anac.gov">anac.gov</a>.br/en/. You may find
this material on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/
DA/DAE.asp. It is also available at <a href="http://regulations.gov">regulations.gov</a> under Docket No.
FAA-2023-1717.
<bullet> You may view this service information 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: <a href="/cdn-cgi/l/email-protection#fb919296d5898e8f939e899d94899fbb9d9a9ad59c948d"><span class="__cf_email__" data-cfemail="1d777470336f686975786f7b726f795d7b7c7c337a726b">[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-2023-1717; Project Identifier
MCAI-2023-00728-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
<a href="http://regulations.gov">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 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.
[[Page 57908]]
Background
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2023-05-03, effective June 2, 2023 (ANAC AD 2023-05-03)
(referred to after this as ``the MCAI''), to correct an unsafe
condition on certain serial-numbered Embraer Model EMB-505 airplanes.
The MCAI states that analysis identified certain monuments (the right-
hand refreshment center and left-hand forward cabinet) that might not
withstand the loads expected for specific emergency landing conditions,
which may cause the detachment of mass items and result in injuries to
the airplane occupants. To address this unsafe condition, the MCAI
specifies installing structural reinforcements on certain monuments and
replacing applicable floor support rivets.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1717.
Related Service Information Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023-05-03, which specifies procedures for
installing structural reinforcements on certain monuments and replacing
applicable fasteners on the floor support.
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 referenced 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 2023-05-03 described previously, 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 2023-05-03 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 2023-05-03 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2023-05-03 in its entirety through that incorporation, 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.'' Service information required by ANAC
AD 2023-05-03 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1717 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 208 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
Estimated Costs
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Parts Cost per
Action Labor cost cost product Cost on U.S. operators
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Airplane groups 1 and 2--install 21.50 work-hours x $85 $1,600 $3,427.50 $239,925 (70 airplanes).
structural reinforcements. per hour = $1,827.50.
Airplane groups 3, 4, 5, and 10-- 13.50 work-hours x $85 600 1,747.50 $214,942.50 (123
install structural reinforcements per hour = $1,147.50. airplanes).
and replace floor fasteners.
Airplane groups 6 and 8--install 25.50 work-hours x $85 2,000 4,167.50 $37,507.50 (9
structural reinforcements and per hour = $2,167.50. airplanes).
replace floor fasteners.
Airplane group 7--install structural 19.50 work-hours x $85 1,600 3,257.50 $16,287.50 (5
reinforcements. per hour = $1,657.50. airplanes).
Airplane group 9--install structural 13.50 work-hours x $85 1,600 2,747.50 $2,747.50 (1 airplane).
reinforcements. per hour = $1,147.50.
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The FAA estimates the following costs for operators that did the
actions in the original version of Embraer Service Bulletin SB505-25-
0046, dated March 31, 2021. The agency has no way of determining the
number of airplanes that might need these actions:
On-Condition Costs
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Cost per
Action Labor cost Parts cost product
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Inspect floor fasteners....................... 8.50 work-hours x $85 per hour = $50 $772.50
$722.50.
Replace floor fasteners....................... 1 work-hour x $85 per hour = $85 50 135
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[[Page 57909]]
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, 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-2023-1717; Project Identifier MCAI-
2023-00728-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by October 10, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-505 airplanes, as
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD 2023-05-03, effective June 2, 2023 (ANAC AD 2023-05-03),
certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 2500, Cabin
Equipment/Furnishings.
(e) Unsafe Condition
This AD was prompted by analysis of certain monuments (the
right-hand refreshment center and left-hand forward cabinet) that
identified the need for installing structural reinforcements and
replacing applicable floor support rivets. The FAA is issuing this
AD to address the unsafe condition. The unsafe condition, if not
addressed, could result in a monument not withstanding the loads
expected for specific emergency landing conditions, which may cause
the detachment of mass items and 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 2023-05-03.
(h) Exceptions to ANAC AD 2023-05-03
(1) Where ANAC AD 2023-05-03 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The service information referenced in ANAC AD 2023-05-03
allows the use of alternative or similar parts in place of the ones
specified in the kits, provided that these alternative or similar
parts are approved by Embraer. This AD requires approval from either
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 2023-05-
03 specifies discarding parts, this AD requires removing those parts
from service.
(4) This AD does not adopt paragraph (d) of ANAC AD 2023-05-03.
(i) No Reporting Requirement
Although the service information referenced in ANAC AD 2023-05-
03 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: <a href="/cdn-cgi/l/email-protection#70495d3126235d3139225d4743405d313d3f33301611115e171f06"><span class="__cf_email__" data-cfemail="94adb9d5c2c7b9d5ddc6b9a3a7a4b9d5d9dbd7d4f2f5f5baf3fbe2">[email protected]</span></a>. 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:
<a href="/cdn-cgi/l/email-protection#e68c8f8bc89493928e839480899482a6808787c8818990"><span class="__cf_email__" data-cfemail="dfb5b6b2f1adaaabb7baadb9b0adbb9fb9bebef1b8b0a9">[email protected]</span></a>.
(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.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil AD
2023-05-03, effective June 2, 2023.
(ii) [Reserved]
(3) For ANAC AD 2023-05-03, contact National Civil Aviation
Agency (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: <a href="/cdn-cgi/l/email-protection#88f8e9ebc8b4e9a8e0faedeeb5" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website: <a href="http://anac.gov">anac.gov</a>.br/en/. You may
find this material on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/
certificacao/DA/DAE.asp.
(4) You may view this service information 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 service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on
[[Page 57910]]
the availability of this material at NARA, email:
<a href="/cdn-cgi/l/email-protection#2442560a4d4a57544147504d4b4a644a4556450a434b52"><span class="__cf_email__" data-cfemail="d1b7a3ffb8bfa2a1b4b2a5b8bebf91bfb0a3b0ffb6bea7">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-18119 Filed 8-23-23; 8:45 am]
BILLING CODE 4910-13-P
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