Airworthiness Directives; Embraer S.A. Airplanes, 76114-76117 [2023-24387]

Download as PDF 76114 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 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: ■ 2023–21–04 Embraer S.A.: Amendment 39– 22576; Docket No. FAA–2023–1708; Project Identifier MCAI–2023–00554–A. (a) Effective Date This airworthiness directive (AD) is effective December 11, 2023. (b) Affected ADs None. (d) Subject Joint Aircraft System Component (JASC) Code 3100, Indicating/recording system. (e) Unsafe Condition This AD was prompted by occurrences of an uncommanded change in the setting of the barometric pressure in both primary flight displays (PFDs). The FAA is issuing this AD to address the uncommanded change in the setting of the barometric pressure in both PFDs. The unsafe condition, if not addressed, could result in altitude mismanagement or spatial disorientation of the flight crew, with consequent deviation from the intended altitude and loss of control of the airplane, risk of air collision due to inadequate air traffic separation, or risk of controlled flight into terrain. (f) Compliance Comply with this AD within the compliance times specified, unless already done. ddrumheller on DSK120RN23PROD with RULES1 (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 2023–04– 01. (h) Exceptions to ANAC AD 2023–04–01 (1) Where ANAC AD 2023–04–01 refers to its effective date, this AD requires using the effective date of this AD. (2) This AD does not adopt paragraphs (c), (d), and (e) of ANAC AD 2023–04–01. (i) No Reporting Required Although the service information referenced in ANAC AD 2023–04–01 specifies to submit certain information to the manufacturer, this AD does not include that requirement. 16:25 Nov 03, 2023 DEPARTMENT OF TRANSPORTATION 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: 9-AVSAIR-730-AMOC@faa.gov. 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. Federal Aviation Administration (k) Additional Information (c) Applicability This AD applies to Embraer S.A. Model EMB–505 airplanes, as identified in paragraph (a) of Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2023–04–01, effective April 4, 2023 (ANAC AD 2023–04–01), certificated in any category. VerDate Sep<11>2014 (j) Alternative Methods of Compliance (AMOCs) Jkt 262001 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: jim.rutherford@faa.gov. (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) Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2023–04–01, effective April 4, 2023. (ii) [Reserved] (3) For ANAC AD 2023–04–01, 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—Sa˜o Jose´ dos Campos—SP, Brazil; phone: 55 (12) 3203–6600; email: pac@anac.gov.br; website: anac.gov.br/en/. You may find this material 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, 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 material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on October 26, 2023. Caitlin Locke, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–24393 Filed 11–3–23; 8:45 am] BILLING CODE 4910–13–P PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 14 CFR Part 39 [Docket No. FAA–2023–1717; Project Identifier MCAI–2023–00728–A; Amendment 39–22578; AD 2023–21–06] 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. (Embraer) Model EMB– 505 airplanes. This AD was prompted by analysis of certain monuments (the right-hand refreshment center and lefthand forward cabinet) that identified the need for installing structural reinforcements and replacing certain floor support rivets. This AD requires installing structural reinforcements on certain monuments and replacing certain floor support rivets, 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 December 11, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 11, 2023. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov 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 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 the service information identified in this final rule, 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—Sa˜o Jose´ dos Campos—SP, Brazil; phone: 55 (12) 3203–6600; email: pac@anac.gov.br; SUMMARY: E:\FR\FM\06NOR1.SGM 06NOR1 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations website: anac.gov.br/en/. You may find this 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, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available in the AD docket at regulations.gov under Docket No. FAA– 2023–1717. FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329– 4165; email: jim.rutherford@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 serial-numbered Embraer Model EMB–505 airplanes. The NPRM published in the Federal Register on August 24, 2023 (88 FR 57907). The NPRM was prompted by AD 2023–05–03, effective June 2, 2023, issued by ANAC, which is the aviation authority for Brazil (ANAC AD 2023– 04–01) (also referred to as the MCAI), to correct an unsafe condition for certain serial-numbered Embraer Model EMB– 505 airplanes. The MCAI states that analysis identified certain monuments (the right-hand refreshment center and 76115 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 these products. This AD is adopted as proposed in the NPRM. 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. In the NPRM, the FAA proposed to require installing structural reinforcements on certain monuments and replacing certain floor support rivets, as specified in ANAC AD 2023– 04–01. The FAA is issuing this AD to address the unsafe condition. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2023–1717. Related Service Information Under 1 CFR Part 51 ANAC AD 2023–05–03 specifies procedures for installing structural reinforcements on certain monuments and replacing applicable fasteners on the floor support. 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 ADDRESSES. Differences Between This AD and the MCAI Discussion of Final Airworthiness Directive Comments The FAA received no comments on the NPRM or on the determination of the costs. Conclusion 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 reviewed the relevant 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 AD requires approval from either the Manager, International Validation Branch, FAA; ANAC; or ANAC’s authorized Designee. Costs of Compliance The FAA estimates that this AD affects 208 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS Labor cost Airplane groups 1 and 2—install structural reinforcements. Airplane groups 3, 4, 5, and 10—install structural reinforcements and replace floor fasteners. Airplane groups 6 and 8—install structural reinforcements and replace floor fasteners. Airplane group 7—install structural reinforcements. Airplane group 9—install structural reinforcements. 21.50 work-hours × $85 per hour = $1,827.50. 13.50 work-hours × $85 per hour = $1,147.50. $1,600 $3,427.50 $600 $1,747.50 25.50 work-hours × $85 per hour = $2,167.50. $2,000 $4,167.50 $37,507.50 (9 airplanes). 19.50 work-hours × $85 per hour = $1,657.50. 13.50 work-hours × $85 per hour = $1,147.50. $1,600 $3,257.50 $1,600 $2,747.50 $16,287.50 (5 airplanes). $2,747.50 (1 airplane). ddrumheller on DSK120RN23PROD with RULES1 The FAA estimates the following costs for operators that did the actions in the original version of Embraer Parts cost Cost per product Action Service Bulletin SB505–25–0046, dated March 31, 2021. The agency has no way Cost on U.S. operators $239,925 (70 airplanes). $214,942.50 (123 airplanes). of determining the number of airplanes that might need these actions: ON-CONDITION COSTS Action Labor cost Inspect floor fasteners ............................................ Replace floor fasteners ........................................... 8.50 work-hours × $85 per hour = $722.50 ........... 1 work-hour × $85 per hour = $85 ......................... VerDate Sep<11>2014 16:25 Nov 03, 2023 Jkt 262001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Parts cost E:\FR\FM\06NOR1.SGM Cost per product $50 $50 06NOR1 $772.50 $135 76116 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations The FAA has included all known costs in its cost estimate. According to the manufacturer, however, all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. ddrumheller on DSK120RN23PROD with RULES1 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 1. The authority citation for part 39 continues to read as follows: ■ VerDate Sep<11>2014 16:25 Nov 03, 2023 Jkt 262001 Authority: 49 U.S.C. 106(g), 40113, 44701. (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. 2023–21–06 Embraer S.A.: Amendment 39– 22578; Docket No. FAA–2023–1717; Project Identifier MCAI–2023–00728–A. (j) Alternative Methods of Compliance (AMOCs) § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: (a) Effective Date This airworthiness directive (AD) is effective December 11, 2023. (b) Affected ADs None. (c) Applicability This AD applies to Embraer S.A. Model EMB–505 airplanes, as identified in Ageˆncia Nacional de Aviac¸a˜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. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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: 9-AVSAIR-730-AMOC@faa.gov. 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: jim.rutherford@faa.gov. (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) Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2023–05–03, effective June 2, 2023. (ii) [Reserved] (3) For ANAC AD 2023–05–03, 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—Sa˜o Jose´ dos Campos—SP, Brazil; phone: 55 (12) 3203–6600; email: pac@anac.gov.br; website: anac.gov.br/en/. You may find this material on the ANAC website at sistemas.anac.gov.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 material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. E:\FR\FM\06NOR1.SGM 06NOR1 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations Issued on October 26, 2023. Caitlin Locke, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–24387 Filed 11–3–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1314; Project Identifier AD–2021–00811–E; Amendment 39–22579; AD 2023–21–07] RIN 2120–AA64 Airworthiness Directives; General Electric Company Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2018–03– 13 for certain General Electric Company (GE) Model CT7–5A2, CT7–5A3, CT7– 7A, CT7–7A1, CT7–9B, CT7–9B1, CT7– 9B2, CT7–9C, and CT7–9C3 engines. AD 2018–03–13 required initial and repetitive visual inspections and fluorescent penetrant inspections (FPIs) of the main propeller shaft. This AD was prompted by an in-flight failure of a main propeller shaft on a GE Model CT7–9B engine, resulting in the loss of the propeller. This AD requires initial and repetitive visual inspections, FPIs, and ultrasonic inspections (USIs) of the main propeller shaft. Depending on the results of these inspections, this AD requires replacement of the main propeller shaft. As an optional terminating action to these inspections, this AD requires revising the airworthiness limitations section (ALS) of the existing maintenance manual (MM) and the operator’s existing approved maintenance program or inspection program, as applicable, to incorporate incorporating the tasks and reduced inspection thresholds for the main propeller shaft. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 11, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 11, 2023. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1314; or in person at Docket Operations between 9 a.m. and ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:25 Nov 03, 2023 Jkt 262001 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, 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 GE service information identified in this final rule, contact General Electric Company, 1 Neumann Way, Cincinnati, OH 45215; phone: (513) 552–3272; email: aviation.fleetsupport@ae.ge.com; website: ge.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222–5110. It is also available at regulations.gov under Docket No. FAA–2022–1314. FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238– 7241; email: Sungmo.D.Cho@faa.gov. SUPPLEMENTARY INFORMATION: Background The FAA issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 to supersede AD 2018–03–13, Amendment 39–19186 (83 FR 6125, February 13, 2018) (AD 2018–03–13). AD 2018–03–13 applied to certain GE Model CT7–5A2, CT7– 5A3, CT7–7A, CT7–7A1, CT7–9B, CT7– 9B1, CT7–9B2, CT7–9C and CT7–9C3 engines. The SNPRM published in the Federal Register on July 11, 2023 (88 FR 44068). The SNPRM was prompted by a comment from GE Aerospace on the notice of proposed rulemaking (NPRM). GE Aerospace stated that certain engine models were included in incorrect Figures within the Required Actions paragraph of the NPRM, which would attribute inaccurate inspection thresholds to those engine models. Therefore, the FAA issued the SNPRM with a revision to Figures 1 and 2 to include the correct engine models. The FAA also updated the affected engine models listed in paragraphs (g)(1) and (g)(2) of the SNPRM to correspond with the corrected engine models referenced in Figures 1 and 2. In the SNPRM, the FAA proposed to require initial and repetitive visual inspections, FPIs, and USIs of the main propeller shaft. Depending on the results of these inspections, the SNPRM PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 76117 proposed to require replacing the main propeller shaft. As an optional terminating action to these inspections, the SNPRM proposed to require revising the ALS of the existing MM and the operator’s existing approved maintenance program or inspection program, as applicable, to incorporate the tasks and reduced inspection thresholds for the main propeller shaft. The FAA is issuing this AD to address the unsafe condition on these products. Discussion of Final Airworthiness Directive Comments The FAA received comments from one commenter, GE Aerospace. The following presents the comment received on the SNPRM and the FAA’s response to that comment. Request To Remove Typographical Error From SNPRM GE noted that there is a typological [typographical] error in the ‘‘Proposed AD Requirements in This SNPRM’’ paragraph of the SNPRM in which the words ‘‘at least’’ are repeated in succession. The FAA agrees, however, the ‘‘Proposed AD Requirements in This SNPRM’’ paragraph is not included in this Final Rule. The FAA did not change this AD as a result of this comment. Conclusion The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting the AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes and any other changes described previously, this AD is adopted as proposed in the SNPRM. None of the changes will increase the economic burden on any operator. Related Service Information Under 1 CFR Part 51 The FAA reviewed GE Service Bulletin (SB) CT7–TP 72–0541 R01, dated November 18, 2021 (GE SB CT7– TP 72–0541). This service information specifies procedures for performing initial and repetitive visual inspections, FPIs, and USIs of the main propeller shaft. 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 the ADDRESSES section. E:\FR\FM\06NOR1.SGM 06NOR1

Agencies

[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76114-76117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24387]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1717; Project Identifier MCAI-2023-00728-A; 
Amendment 39-22578; AD 2023-21-06]
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. (Embraer) Model EMB-505 airplanes. 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 certain floor 
support rivets. This AD requires 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 incorporated by reference. The FAA is issuing this 
AD to address the unsafe condition on these products.

DATES: This AD is effective December 11, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 11, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov 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 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 the service information identified in this final rule, 
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: anac.gov.br">pac@anac.gov.br;

[[Page 76115]]

website: anac.gov.br/en/. You may find this 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, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2023-1717.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4165; 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 serial-numbered 
Embraer Model EMB-505 airplanes. The NPRM published in the Federal 
Register on August 24, 2023 (88 FR 57907). The NPRM was prompted by AD 
2023-05-03, effective June 2, 2023, issued by ANAC, which is the 
aviation authority for Brazil (ANAC AD 2023-04-01) (also referred to as 
the MCAI), to correct an unsafe condition for 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.
    In the NPRM, the FAA proposed to require installing structural 
reinforcements on certain monuments and replacing certain floor support 
rivets, as specified in ANAC AD 2023-04-01. The FAA is issuing this AD 
to address the unsafe condition.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1717.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    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 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 these products. This AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2023-05-03 specifies procedures for installing structural 
reinforcements on certain monuments and replacing applicable fasteners 
on the floor support.
    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 ADDRESSES.

Differences Between This 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 AD requires approval from either the Manager, 
International Validation Branch, FAA; ANAC; or ANAC's authorized 
Designee.

Costs of Compliance

    The FAA estimates that this AD affects 208 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Airplane groups 1 and 2--install    21.50 work-hours x             $1,600       $3,427.50  $239,925 (70
 structural reinforcements.          $85 per hour =                                         airplanes).
                                     $1,827.50.
Airplane groups 3, 4, 5, and 10--   13.50 work-hours x               $600       $1,747.50  $214,942.50 (123
 install structural reinforcements   $85 per hour =                                         airplanes).
 and replace floor fasteners.        $1,147.50.
Airplane groups 6 and 8--install    25.50 work-hours x             $2,000       $4,167.50  $37,507.50 (9
 structural reinforcements and       $85 per hour =                                         airplanes).
 replace floor fasteners.            $2,167.50.
Airplane group 7--install           19.50 work-hours x             $1,600       $3,257.50  $16,287.50 (5
 structural reinforcements.          $85 per hour =                                         airplanes).
                                     $1,657.50.
Airplane group 9--install           13.50 work-hours x             $1,600       $2,747.50  $2,747.50 (1
 structural reinforcements.          $85 per hour =                                         airplane).
                                     $1,147.50.
----------------------------------------------------------------------------------------------------------------

    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
----------------------------------------------------------------------------------------------------------------
                   Action                              Labor cost               Parts cost      Cost per product
----------------------------------------------------------------------------------------------------------------
Inspect floor fasteners....................  8.50 work-hours x $85 per                    $50            $772.50
                                              hour = $722.50.
Replace floor fasteners....................  1 work-hour x $85 per hour =                 $50               $135
                                              $85.
----------------------------------------------------------------------------------------------------------------


[[Page 76116]]

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, all of the costs of this AD may 
be covered under warranty, thereby reducing the cost impact on affected 
operators.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2023-21-06 Embraer S.A.: Amendment 39-22578; Docket No. FAA-2023-
1717; Project Identifier MCAI-2023-00728-A.

(a) Effective Date

    This airworthiness directive (AD) is effective December 11, 
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: [email protected]. 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: 
[email protected].

(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 (ANAC) 
AD 2023-05-03, effective June 2, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-05-03, 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: 
anac.gov.br">pac@anac.gov.br; website: anac.gov.br/en/. You may find this 
material on the ANAC website at sistemas.anac.gov.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 material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].


[[Page 76117]]


    Issued on October 26, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2023-24387 Filed 11-3-23; 8:45 am]
BILLING CODE 4910-13-P


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