Airworthiness Directives; Embraer S.A. Airplanes, 16489-16491 [2024-04570]
Download as PDF
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7366; email 9-avs-nyaco-cos@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) 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) Transport Canada AD CF–2023–59,
dated July 26, 2023.
(ii) [Reserved]
(3) For Transport Canada AD CF–2023–59,
contact Transport Canada, Transport Canada
National Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5, Canada;
telephone 888–663–3639; email
TC.AirworthinessDirectives-Consignesde
navigabilite.TC@tc.gc.ca. You may find this
Transport Canada AD on the Transport
Canada website at tc.canada.ca/en/aviation.
(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 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 February 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–04569 Filed 3–6–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0455; Project
Identifier MCAI–2023–00997–T]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Embraer S.A. Model EMB–545
and EMB–550 airplanes. This proposed
AD was prompted by occurrences of
premature cracks in the outer layer of
certain flight deck side windows caused
by interference due to manufacturing
tolerances. This proposed AD would
require initial and repetitive inspections
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
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15:38 Mar 06, 2024
Jkt 262001
of the flight deck side windows and
applicable corrective actions, and would
prohibit the installation of affected
flight deck side windows, as specified
in an Ageˆncia Nacional de Aviac¸a˜o Civil
(ANAC) AD. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES: The FAA must receive comments
on this proposed AD by April 22, 2024.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• 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.
• 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 regulations.gov under Docket
No. FAA–2024–0455; 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:
• For material that is proposed for
IBR in this AD, contact National Civil
Aviation Agency (ANAC), Aeronautical
Products Certification Branch (GGCP),
Rua Dr. Orlando Feirabend Filho, 230—
Centro Empresarial Aquarius—Torre
B—Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—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 material on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp. It is also available at
regulations.gov under Docket No. FAA–
2024–0455.
• 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.
FOR FURTHER INFORMATION CONTACT:
Hassan Ibrahim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
206–231–3653; email: hassan.m.
ibrahim@faa.gov.
SUPPLEMENTARY INFORMATION:
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Fmt 4702
Sfmt 4702
16489
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–2024–0455; Project Identifier
MCAI–2023–00997–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, 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 Hassan Ibrahim,
Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury,
NY 11590; phone: 206–231–3653; email:
hassan.m.ibrahim@faa.gov. Any
commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Background
ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2023–08–03R01, effective November
2, 2023 (ANAC AD 2023–08–03R01)
(also referred to as the MCAI), to correct
an unsafe condition for Embraer S.A.
Model EMB–550 and EMB–545
airplanes. The MCAI states premature
E:\FR\FM\07MRP1.SGM
07MRP1
16490
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
cracks have occurred in the outer layer
of left-hand and right-hand flight deck
side windows with part number (P/N)
NP–200402–7 or P/N NP–200402–8,
caused by interference due to
manufacturing tolerances.
The FAA is proposing this AD to
address cracks, delamination, and any
other damage with the affected left-hand
and right-hand flight deck side
windows. The unsafe condition, if not
addressed, may subject the inner layer
of the window to unpredicted loads for
several flights, which could result in
window failure and subsequent in-flight
depressurization events.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2024–0455.
Related Service Information Under 1
CFR Part 51
ANAC AD 2023–08–03R01 specifies
procedures for initial and repetitive
general visual inspections of the lefthand and right-hand flight deck side
windows to detect cracks, delamination,
and any other damage (such as
scratches, chipping, erosion, and
crazing). ANAC AD 2023–08–03R01
specifies replacing any cracked window
with a new window P/N NP–200402–9
or P/N NP–200402–10, as applicable.
ANAC AD 2023–08–03R01 also
prohibits the installation of flight deck
side windows with P/N NP–200402–7
or P/N NP–200402–8, on any airplane.
This material is reasonably available
because the interested parties have
access to it through their normal course
of business or by the means identified
in ADDRESSES.
FAA’s Determination
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
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in 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 2023–08–03R01 described
previously, except as specified under
‘‘Difference Between this Proposed AD
and the Service Information,’’ and
except for any differences identified as
exceptions in the regulatory text of this
proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate ANAC AD 2023–08–03R01
by reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with ANAC AD 2023–08–
03R01 in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Service information required by ANAC
AD 2023–08–03R01 for compliance will
be available at regulations.gov under
Docket No. FAA–2024–0455 after the
FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if
adopted as proposed, would affect 44
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
1 work-hour × $85 per hour = $85 ..............................................................................................
$0
$85
$3,740
The FAA estimates the following
costs to do any necessary on-condition
actions that would be required based on
the results of any required actions. The
FAA has no way of determining the
number of aircraft that might need these
on-condition actions:
khammond on DSKJM1Z7X2PROD with PROPOSALS
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Cost per window
15 work-hours × $85 per hour = $1,2750 .........................................................................................................
$21,636
$22,911
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or 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:
VerDate Sep<11>2014
15:38 Mar 06, 2024
Jkt 262001
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
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Frm 00020
Fmt 4702
Sfmt 4702
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
E:\FR\FM\07MRP1.SGM
07MRP1
Federal Register / Vol. 89, No. 46 / Thursday, March 7, 2024 / Proposed Rules
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
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:
■
Embraer S.A.: Docket No. FAA–2024–0455;
Project Identifier MCAI–2023–00997–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by April 22,
2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model
EMB–550 and EMB–545 airplanes,
certificated in any category, as identified in
Ageˆncia Nacional de Aviac
¸a˜o Civil (ANAC)
AD 2023–08–03R01, effective November 2,
2023 (ANAC AD 2023–08–03R01).
khammond on DSKJM1Z7X2PROD with PROPOSALS
(d) Subject
Air Transport Association (ATA) of
America Code 56, Windows.
(e) Unsafe Condition
This AD was prompted by occurrences of
premature cracks in the outer layer of certain
flight deck side windows caused by
interference due to manufacturing tolerances.
The FAA is issuing this AD to address cracks,
delamination, and any other damage of the
flight deck side windows. The unsafe
condition, if not addressed, may subject the
inner layer of the window to unpredicted
loads for several flights, which could result
in window failure and subsequent in-flight
depressurization events.
VerDate Sep<11>2014
15:38 Mar 06, 2024
Jkt 262001
(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 2023–08–03R01.
(h) Exceptions to ANAC AD 2023–08–03R01
(1) Where ANAC AD 2023–08–03R01 refers
to its effective date, this AD requires using
the effective date of this AD.
(2) Where paragraph (b)(1)(i) of ANAC AD
2023–08–03R01 says ‘‘In case of any crack in
the outer layer is detected, before the next
flight, replace the damaged window,’’ for this
AD, replace that wording with ‘‘If any crack,
delamination, or any other damage is found,
before the next flight, replace the affected
window.’’
(3) Where paragraph (b)(2) of ANAC AD
2023–08–03R01 says ‘‘at each 2,000 FC,’’ for
this AD, replace that wording with ‘‘at
intervals not to exceed 2,000 FC.’’
(4) This AD does not adopt paragraph (d)
of ANAC AD 2023–08–03R01.
(i) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to the address identified in
paragraph (j) of this AD. Information may be
emailed to: AVS-AIR-730-AMOC@faa.gov
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, International Validation
Branch, FAA; or ANAC; or ANAC’s
authorized Designee. If approved by the
ANAC Designee, the approval must include
the Designee’s authorized signature.
(j) Additional Information
For more information about this AD,
contact Hassan Ibrahim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone: 206–231–
3653; email: hassan.m.ibrahim@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) 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.
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
16491
(i) Ageˆncia Nacional de Aviac
¸a˜o Civil
(ANAC) AD 2023–08–03R01, effective
November 2, 2023.
(ii) [Reserved].
(3) For ANAC AD 2023–08–03R01, 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 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 February 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–04570 Filed 3–6–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 36
RIN 2900–AR58
Loan Guaranty: Revisions to VAGuaranteed or Insured Interest Rate
Reduction Refinancing Loans
Department of Veterans Affairs.
Supplemental Notice of
Proposed Rulemaking.
AGENCY:
ACTION:
On November 1, 2022, the
Department of Veterans Affairs (VA)
published a proposed rulemaking to
amend its regulations on VA-backed
interest rate reduction refinancing loans
(IRRRLs). This supplemental notice of
proposed rulemaking (SNPRM)
proposes a change to the recoupment
standard published in the proposed rule
and seeks public comments on that
change.
SUMMARY:
Comments must be received on
or before May 6, 2024.
ADDRESSES: Comments must be
submitted through www.regulations.gov.
Except as provided below, comments
received before the close of the
comment period will be available at
www.regulations.gov for public viewing,
DATES:
E:\FR\FM\07MRP1.SGM
07MRP1
Agencies
[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Proposed Rules]
[Pages 16489-16491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04570]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0455; Project Identifier MCAI-2023-00997-T]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model EMB-545 and EMB-550 airplanes. This
proposed AD was prompted by occurrences of premature cracks in the
outer layer of certain flight deck side windows caused by interference
due to manufacturing tolerances. This proposed AD would require initial
and repetitive inspections of the flight deck side windows and
applicable corrective actions, and would prohibit the installation of
affected flight deck side windows, as specified in an Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD. The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by April 22,
2024.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
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.
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 regulations.gov under
Docket No. FAA-2024-0455; 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:
For material that is proposed for IBR in this AD, contact
National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email 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. It is also available
at regulations.gov under Docket No. FAA-2024-0455.
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.
FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 206-231-3653; email: faa.gov">hassan.m.ibrahim@faa.gov.
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-2024-0455; Project Identifier
MCAI-2023-00997-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, 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
Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone: 206-231-3653; email:
faa.gov">hassan.m.ibrahim@faa.gov. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
Background
ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2023-08-03R01, effective November 2, 2023 (ANAC AD 2023-08-03R01)
(also referred to as the MCAI), to correct an unsafe condition for
Embraer S.A. Model EMB-550 and EMB-545 airplanes. The MCAI states
premature
[[Page 16490]]
cracks have occurred in the outer layer of left-hand and right-hand
flight deck side windows with part number (P/N) NP-200402-7 or P/N NP-
200402-8, caused by interference due to manufacturing tolerances.
The FAA is proposing this AD to address cracks, delamination, and
any other damage with the affected left-hand and right-hand flight deck
side windows. The unsafe condition, if not addressed, may subject the
inner layer of the window to unpredicted loads for several flights,
which could result in window failure and subsequent in-flight
depressurization events.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0455.
Related Service Information Under 1 CFR Part 51
ANAC AD 2023-08-03R01 specifies procedures for initial and
repetitive general visual inspections of the left-hand and right-hand
flight deck side windows to detect cracks, delamination, and any other
damage (such as scratches, chipping, erosion, and crazing). ANAC AD
2023-08-03R01 specifies replacing any cracked window with a new window
P/N NP-200402-9 or P/N NP-200402-10, as applicable. ANAC AD 2023-08-
03R01 also prohibits the installation of flight deck side windows with
P/N NP-200402-7 or P/N NP-200402-8, on any airplane.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.
FAA's Determination
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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in 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 2023-08-03R01 described previously, except as specified
under ``Difference Between this Proposed AD and the Service
Information,'' and except for any differences identified as exceptions
in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2023-08-03R01 by reference in the
FAA final rule. This proposed AD would, therefore, require compliance
with ANAC AD 2023-08-03R01 in its entirety through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Service information required by ANAC AD 2023-
08-03R01 for compliance will be available at regulations.gov under
Docket No. FAA-2024-0455 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 44 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85............................. $0 $85 $3,740
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per window
------------------------------------------------------------------------
15 work-hours x $85 per hour = $21,636 $22,911
$1,2750...........................
------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or 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
[[Page 16491]]
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-2024-0455; Project Identifier MCAI-
2023-00997-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 22, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-550 and EMB-545
airplanes, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2023-08-03R01, effective November 2, 2023 (ANAC AD 2023-08-03R01).
(d) Subject
Air Transport Association (ATA) of America Code 56, Windows.
(e) Unsafe Condition
This AD was prompted by occurrences of premature cracks in the
outer layer of certain flight deck side windows caused by
interference due to manufacturing tolerances. The FAA is issuing
this AD to address cracks, delamination, and any other damage of the
flight deck side windows. The unsafe condition, if not addressed,
may subject the inner layer of the window to unpredicted loads for
several flights, which could result in window failure and subsequent
in-flight depressurization events.
(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 2023-08-03R01.
(h) Exceptions to ANAC AD 2023-08-03R01
(1) Where ANAC AD 2023-08-03R01 refers to its effective date,
this AD requires using the effective date of this AD.
(2) Where paragraph (b)(1)(i) of ANAC AD 2023-08-03R01 says ``In
case of any crack in the outer layer is detected, before the next
flight, replace the damaged window,'' for this AD, replace that
wording with ``If any crack, delamination, or any other damage is
found, before the next flight, replace the affected window.''
(3) Where paragraph (b)(2) of ANAC AD 2023-08-03R01 says ``at
each 2,000 FC,'' for this AD, replace that wording with ``at
intervals not to exceed 2,000 FC.''
(4) This AD does not adopt paragraph (d) of ANAC AD 2023-08-
03R01.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD. Information may be emailed to: faa.gov">AVS-AIR-730-AMOC@faa.gov 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, International
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If
approved by the ANAC Designee, the approval must include the
Designee's authorized signature.
(j) Additional Information
For more information about this AD, contact Hassan Ibrahim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 206-231-3653; email:
faa.gov">hassan.m.ibrahim@faa.gov.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) 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 2023-08-03R01, effective November 2, 2023.
(ii) [Reserved].
(3) For ANAC AD 2023-08-03R01, contact ANAC, Aeronautical
Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend
Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18,
Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute]
dos Campos--SP, Brazil; telephone 55 (12) 3203-6600; email
anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD
on the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th 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 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].
Issued on February 27, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-04570 Filed 3-6-24; 8:45 am]
BILLING CODE 4910-13-P