Airworthiness Directives; Embraer S.A. Airplanes, 14885-14887 [2023-04936]
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Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Rules and Regulations
FAA is proposing this AD to address the
contaminated oxygen tubes of the crew
oxygen system, which could lead to a fire
within the oxygen tubes, or a health hazard
related to the inhalation of lubricant fumes
when the masks are in use.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Within 8,800 flight hours after the effective
date of this AD, clean and flush the crew
oxygen system, in accordance with the
Accomplishment Instructions of MHI RJ
Service Bulletin 670BA–35–016, Revision B,
dated December 17, 2021.
(h) Credit for Previous Actions
This paragraph provides credit for actions
required by this AD, if those actions were
performed before the effective date of this
AD, using the service information identified
in paragraph (h)(1) or (2) of this AD.
(1) MHI RJ Service Bulletin 670BA–35–
016, dated February 26, 2021.
(2) MHI RJ Service Bulletin 670BA–35–
016, Revision A, dated November 5, 2021.
lotter on DSK11XQN23PROD with RULES1
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
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 certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300. 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, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or MHI RJ Aviation ULC’s TCCA
Design Approval Organization (DAO). If
approved by the DAO, the approval must
include the DAO-authorized signature.
(j) Additional Information
(1) Refer to TCCA AD CF–2022–06, dated
February 28, 2022, for related information.
This TCCA AD may be found in the AD
docket at regulations.gov under Docket No.
FAA–2022–0521.
(2) For more information about this AD,
contact Chirayu Gupta, Aerospace Engineer,
Mechanical Systems and Administrative
Services Section, FAA, New York ACO
Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 516–228–
7300; email 9-avs-nyaco-cos@faa.gov.
VerDate Sep<11>2014
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Jkt 259001
(k) 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 this AD specifies otherwise.
(i) MHI RJ Service Bulletin 670BA–35–016,
Revision B, dated December 17, 2021.
(ii) [Reserved]
(3) For service information identified in
this AD, contact MHI RJ Aviation Group,
Customer Response Center, 3655 Ave. des
Grandes-Tourelles, Suite 110, Boisbriand,
Que´bec J7H 0E2 Canada; North America tollfree telephone 833–990–7272 or direct-dial
telephone 450–990–7272; fax 514–855–8501;
email thd.crj@mhirj.com; website mhirj.com.
(4) You may view this service information
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 service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 13, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
Editorial Note: This document was
received for publication by the Office of the
Federal Register on March 7, 2023.
[FR Doc. 2023–04946 Filed 3–9–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–0873; Project
Identifier MCAI–2022–00060–T; Amendment
39–22183; AD 2022–19–14]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
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 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 AD requires
SUMMARY:
PO 00000
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14885
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 Ageˆncia
Nacional de Aviac
¸a˜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 April 14,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of April 14, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under 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 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 material incorporated by
reference (IBR) 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—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
website anac.gov.br/en/. You may find
this IBR material on the ANAC website
at 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 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
regulations.gov under Docket No. FAA–
2022–0873.
FOR FURTHER INFORMATION CONTACT: HoJoon Lim, Aerospace Engineer, Large
Aircraft Section, FAA, International
Validation Branch, 2200 South 216th
St., Des Moines, WA 98198; telephone
206–231–3405; email ho-joon.lim@
faa.gov.
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
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10MRR1
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Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Rules and Regulations
product. Except for minor editorial
changes, this AD is adopted as proposed
in the NPRM. None of the changes will
increase the economic burden on any
operator.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–0873.
EMB–545 and EMB–550 airplanes. The
NPRM published in the Federal
Register on July 13, 2022 (87 FR 41629).
The NPRM was prompted by AD 2021–
11–01R1, issued by ANAC, which is the
aviation authority for Brazil (referred to
after this as the MCAI). The MCAI states
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. This condition, if not
addressed, could affect the shoulder belt
release during turbulence or an
emergency landing situation and result
in injury to passengers and the
flightcrew.
In the NPRM, the FAA proposed to
require installing, on the right- and lefthand side divan, a protective fairing
covering on the divan shroud and the
sideledge panel, as specified in ANAC
AD 2021–11–01R1.
Discussion of Final Airworthiness
Directive
Related Service Information Under 1
CFR Part 51
Comments
The FAA received no comments on
the NPRM or on the determination of
the cost to the public.
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
ANAC AD 2021–11–01R1 specifies
procedures for installing, on the rightand 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.
Costs of Compliance
The FAA estimates that this AD
affects 63 airplanes of U.S. registry. The
FAA estimates the following costs to
comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Up to 14 work-hours × $85 per hour = Up to $1,190 ...........................................................
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
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.
lotter on DSK11XQN23PROD with RULES1
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.
VerDate Sep<11>2014
16:14 Mar 09, 2023
Jkt 259001
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:
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Cost per
product
Parts cost
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$400
Up to $1,590
Cost on U.S.
operators
Up to $100,170.
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
2022–19–14 Embraer S.A.: Amendment 39–
22183; FAA–2022–0873; Project
Identifier MCAI–2022–00060–T.
(a) Effective Date
This airworthiness directive (AD) is
effective April 14, 2023.
(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 Ageˆncia Nacional de
Aviac¸a˜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
E:\FR\FM\10MRR1.SGM
10MRR1
Federal Register / Vol. 88, No. 47 / Friday, March 10, 2023 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
(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 methods 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, 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, International Validation
Branch, send it to the attention of the person
identified in paragraph (j) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 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
For more information about this AD,
contact Ho-Joon Lim, Aerospace Engineer,
VerDate Sep<11>2014
16:14 Mar 09, 2023
Jkt 259001
Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone 206–231–
3405; email ho-joon.lim@faa.gov.
(k) 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 this AD specifies otherwise.
(i) Ageˆncia Nacional de Aviac
¸a˜o Civil
(ANAC) AD 2021–11–01R1, effective January
21, 2022.
(ii) [Reserved]
(3) For ANAC AD 2021–11–01R1, 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—Sa˜o
Jose´ dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email 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 that is
incorporated by reference at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on September 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
Editorial Note: This document was
received for publication by the Office of the
Federal Register on March 7, 2023.
[FR Doc. 2023–04936 Filed 3–9–23; 8:45 am]
BILLING CODE 4910–13–P
INTERNATIONAL TRADE
COMMISSION
19 CFR Parts 206 and 207
Implementing Rules for the United
States-Mexico-Canada Agreement
Implementation Act
United States International
Trade Commission.
ACTION: Final rule.
AGENCY:
The United States
International Trade Commission
(Commission) is making technical
amendments to its rules, relating to
safeguard actions, and injury to
SUMMARY:
PO 00000
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14887
domestic industries from imports sold at
less than fair value or from subsidized
exports, to conform with changes made
by the United States-Mexico-Canada
Agreement Implementation Act
(USMCA Act).
DATES:
Effective date: April 10, 2023.
Applicability date: The date the
Agreement Between the United States of
America, the United Mexican States,
and Canada entered into force, July 1,
2020.
FOR FURTHER INFORMATION CONTACT: Lisa
R. Barton, Secretary, United States
International Trade Commission,
telephone (202) 205–2000; William
Gearhart, Office of the General Counsel,
United States International Trade
Commission, telephone (202) 205–3091;
Garrett Peterson, Office of the General
Counsel, United States International
Trade Commission, telephone (202)
205–3241. Hearing-impaired individuals
may obtain information on this matter
by contacting the Commission’s TDD
terminal at 202–205–1810. General
information concerning the Commission
may also be obtained by accessing its
website at https://www.usitc.gov.
SUPPLEMENTARY INFORMATION: The
preamble below is designed to assist
readers in understanding these technical
amendments to the rules of practice and
procedure to conform with the USMCA
Act. This preamble provides
background information, a regulatory
analysis of the rules, a section-bysection explanation of amendments and
new rules, and a description of the
amendments and new rules.
These rules are being promulgated in
accordance with the Administrative
Procedure Act (5 U.S.C. 553) (APA), and
will be codified in 19 CFR parts 206 and
207.
Background
On November 30, 2018, the ‘‘Protocol
Replacing the North American Free
Trade Agreement with the Agreement
Between the United States of America,
the United Mexican States, and Canada’’
(the Protocol) was signed to replace the
North American Free Trade Agreement
(NAFTA). The Agreement Between the
United States of America, the United
Mexican States (Mexico), and Canada
(the USMCA) is attached as an annex to
the Protocol and was subsequently
amended to reflect certain modifications
and technical corrections in the
‘‘Protocol of Amendment to the
Agreement Between the United States of
America, the United Mexican States,
and Canada,’’ which the Office of the
United States Trade Representative
(USTR) signed on December 10, 2019.
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]]>Agencies
[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Rules and Regulations]
[Pages 14885-14887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04936]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0873; Project Identifier MCAI-2022-00060-T;
Amendment 39-22183; AD 2022-19-14]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
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 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 AD requires 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
incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective April 14, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 14,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
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 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 material incorporated by reference (IBR) 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">[email protected]anac.gov.br; website anac.gov.br/en/. You may find this
IBR material on the ANAC website at 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 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
regulations.gov under Docket No. FAA-2022-0873.
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 [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
[[Page 14886]]
EMB-545 and EMB-550 airplanes. The NPRM published in the Federal
Register on July 13, 2022 (87 FR 41629). The NPRM was prompted by AD
2021-11-01R1, issued by ANAC, which is the aviation authority for
Brazil (referred to after this as the MCAI). The MCAI states 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. This condition, if not addressed, could
affect the shoulder belt release during turbulence or an emergency
landing situation and result in injury to passengers and the
flightcrew.
In the NPRM, the FAA proposed to 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 ANAC AD 2021-11-01R1.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-0873.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
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, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.
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.
Costs of Compliance
The FAA estimates that this AD affects 63 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
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 = $400 Up to $1,590............ Up to $100,170.
Up to $1,190.
----------------------------------------------------------------------------------------------------------------
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 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
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:
2022-19-14 Embraer S.A.: Amendment 39-22183; FAA-2022-0873; Project
Identifier MCAI-2022-00060-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 14, 2023.
(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
[[Page 14887]]
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 methods 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,
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,
International Validation Branch, send it to the attention of the
person 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, 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
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 [email protected].
(k) 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 this AD specifies otherwise.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2021-11-01R1, effective January 21, 2022.
(ii) [Reserved]
(3) For ANAC AD 2021-11-01R1, 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">[email protected]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 that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Issued on September 9, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
Editorial Note: This document was received for publication by
the Office of the Federal Register on March 7, 2023.
[FR Doc. 2023-04936 Filed 3-9-23; 8:45 am]
BILLING CODE 4910-13-P
