Airworthiness Directives; Embraer S.A. Airplanes, 76403-76406 [2024-21177]
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Federal Register / Vol. 89, No. 181 / Wednesday, September 18, 2024 / Rules and Regulations
2024–16–11 Dassault Aviation:
Amendment 39–22817; Docket No.
FAA–2024–1473; Project Identifier
MCAI–2024–00195–T.
(a) Effective Date
This airworthiness directive (AD) is
effective October 23, 2024.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Dassault Aviation
Model FALCON 7X airplanes, certificated in
any category.
Note 1 to paragraph (c): Model FALCON
7X airplanes with modification M1000
incorporated are commonly referred to as
‘‘Model FALCON 8X’’ airplanes as a
marketing designation.
(d) Subject
Air Transport Association (ATA) of
America Code: 57, Wings.
(e) Unsafe Condition
This AD was prompted by reports of
excessive thickness of the trailing edge of
certain ailerons, which may affect the
assembly of the rear spar with the lower and
upper skins. The FAA is issuing this AD to
address the thickness of the trailing edge of
certain ailerons. The unsafe condition, if not
addressed, could result in reduced structural
integrity of the aileron.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
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, European Union
Aviation Safety Agency (EASA) AD 2024–
0076, dated March 19, 2024 (EASA AD 2024–
0076).
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(h) Exceptions to EASA AD 2024–0076
(1) Where paragraph (3) of EASA AD 2024–
0076 specifies to ‘‘contact Dassault for
approved corrective action(s) instructions
and accomplish those instructions
accordingly,’’ this AD requires replacing that
text with ‘‘repair the discrepancy using a
method approved by the Manager,
International Validation Branch, FAA; or
EASA; or Dassault’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.’’
(2) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2024–0076.
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2024–0076 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
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(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 (k) of this AD. Information may be
emailed to: 9-AVS-AIR-730-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, International Validation
Branch, FAA; or EASA; or Dassault
Aviation’s EASA DOA. If approved by the
DOA, the approval must include the DOAauthorized signature.
(k) Additional Information
For more information about this AD,
contact Tom Rodriguez, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 206–
231–3226; email Tom.Rodriguez@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless this AD specifies otherwise.
(i) European Union Aviation Safety Agency
(EASA) AD 2024–0076, dated March 19,
2024.
(ii) [Reserved]
(3) For EASA AD 2024–0076, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; website
easa.europa.eu. You may find this EASA AD
on the EASA website ad.easa.europa.eu.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th Street, 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 September 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–21179 Filed 9–17–24; 8:45 am]
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76403
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0455; Project
Identifier MCAI–2023–00997–T; Amendment
39–22805; AD 2024–15–13]
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 occurrences of premature
cracks in the outer layer of certain flight
deck side windows caused by
interference due to manufacturing
tolerances. This AD requires initial and
repetitive inspections of the flight deck
side windows and applicable corrective
actions, and prohibits the installation of
affected flight deck side windows, as
specified in an Agência Nacional de
Aviação 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 October 23,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 23, 2024.
ADDRESSES:
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 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 ANAC material identified 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—São José
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
SUMMARY:
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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.
It is also available at regulations.gov
under Docket No. FAA–2024–0455.
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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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
EMB–545 and EMB–550 airplanes. The
NPRM published in the Federal
Register on March 7, 2024 (89 FR
16489). The NPRM was prompted by
ANAC AD 2023–08–03R01, effective
November 2, 2023 (ANAC AD 2023–08–
03R01) (also referred to as the MCAI).
The MCAI stated that premature cracks
have occurred in the outer layer of lefthand 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.
In the NPRM, the FAA proposed to
require initial and repetitive inspections
of the flight deck side windows and
applicable corrective actions, and to
prohibit the installation of affected
flight deck side windows, as specified
in ANAC AD 2023–08–03R01. The FAA
is issuing this AD to address cracks,
delamination, scratches, erosion, and
any other damage with the affected lefthand and right-hand flight deck side
windows, which 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.
Discussion of Final Airworthiness
Directive
Comments
The FAA received one comment, from
Embraer S.A. The following presents the
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comment received on the NPRM and the
FAA’s response to the comment.
Request for Change to Exceptions
Paragraph
Paragraph (b)(1)(i) of ANAC AD 2023–
08–03R01 specified replacement of a
window if ‘‘any crack in the outer layer’’
is detected. Paragraph (h)(2) of the
proposed AD, however, specified
replacement of a window if ‘‘any crack,
delamination, or any other damage’’ is
found. Embraer stated that delamination
is commonly defined as a reduced
adhesion or separation of the interlayer
between the acrylic plies. Embraer
claimed that delamination is found with
some frequency in airplane windows
and may be present during the
inspection. Embraer added that
delamination, as well as other typical
damage (scratches, crazing, etc.) is not a
structural concern, but would require
the immediate window replacement
according to the proposed AD. Embraer
was concerned that the text of the
proposed AD would require actions
beyond the original intent of the ANAC
AD, which is to provide instructions if
a crack is identified. Embraer claimed
that a crack in the window outer ply
caused by the interference with its
aluminum strap is the condition that
may develop into the unsafe condition.
Since the commenter submitted the
comment, ANAC has revised the MCAI.
ANAC AD 2023–08–03R02, effective
May 10, 2024 (ANAC AD 2023–08–
03R02), clarifies the corrective actions
for damages other than cracks, although
it does not change the intent: If any
crack in the outer layer is found, the
revised MCAI requires replacing the
window, and if delamination, scratches,
erosion, or any damage other than a
crack is found, the revised MCAI
requires corrective actions that depend
on the extent of the findings, as
specified in Task 56–12–00–200–802–A,
‘‘Cockpit Side Window—Allowable
limits,’’ Revision 50, dated May 12,
2023, as published in Aircraft
Maintenance Manual AMM–5613, Part
II (Maintenance Practices and
Procedures-MPP), or further revisions of
this task approved by ANAC.
The FAA affirms that maintenance
procedures exist with limits defined by
the window manufacturer in case of
delamination, scratches, erosion, or any
other damage. With the updated
procedures, the FAA therefore agrees
that the exception specified in
paragraph (h)(2) of the proposed AD is
unnecessary. The FAA has made the
following changes to this AD:
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• Paragraph (g) of this AD requires
the actions specified in ANAC AD
2023–08–03R02 (instead of ANAC AD
2023–08–03R01).
• Paragraph (h)(2) of the proposed AD
has been removed from this AD.
• Paragraph (i) has been added to this
AD to provide credit if the actions in
ANAC AD 2023–08–03R01 were
accomplished before the effective date
of this AD.
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, considered
the comments received, 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, and any other
changes described previously, this AD is
adopted as proposed in the NPRM.
None of the changes will increase the
economic burden on any operator.
Material Incorporated by Reference
Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023–
08–03R02, effective May 10, 2024. This
material specifies procedures for initial
and repetitive general visual inspections
of the left-hand and right-hand flight
deck side windows with P/N NP–
200402–7 or P/N NP–200402–8 to detect
cracks, delamination, scratches, erosion,
and any other damage (such as chipping
and crazing). Corrective actions include
window replacement and other
maintenance procedures depending on
the extent of the findings. ANAC AD
2023–08–03R02 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 the ADDRESSES section.
Costs of Compliance
The FAA estimates this AD affects 44
airplanes of U.S. registry. The FAA
estimates the following costs to comply
with this AD:
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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 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 oncondition actions:
ESTIMATED COSTS OF ON-CONDITION ACTIONS
Labor cost
Parts cost
Up to 15 work-hours × $85 per hour = $1,275 ............................................................
The FAA has included all known
costs in its cost estimate. According to
the manufacturer, however, some or 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.
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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,
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$21,636
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
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:
■
2024–15–13 Embraer S.A.: Amendment 39–
22805; Docket No. FAA–2024–0455;
Project Identifier MCAI–2023–00997–T.
(a) Effective Date
This airworthiness directive (AD) is
effective October 23, 2024.
(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
Agência Nacional de Aviação Civil (ANAC)
AD 2023–08–03R02, effective May 10, 2024
(ANAC AD 2023–08–03R02).
(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
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Cost per window
Up to $22,911.
interference due to manufacturing tolerances.
The FAA is issuing this AD to address cracks,
delamination, scratches, erosion, 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 2023–08–03R02.
(h) Exceptions to ANAC AD 2023–08–03R02
(1) Where ANAC AD 2023–08–03R02 refers
to its effective date or ‘‘November 02nd,
2023, the effective date of the AD 2023–08–
03R01,’’ this AD requires using the effective
date of this AD.
(2) Where paragraph (b)(2) of ANAC AD
2023–08–03R02 specifies ‘‘at each 2,000 FC,’’
for this AD, replace that text with ‘‘at
intervals not to exceed 2,000 FC.’’
(3) This AD does not adopt paragraph (d)
of ANAC AD 2023–08–03R02.
(i) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using ANAC AD 2023–08–
03R01, effective November 2, 2023.
(j) 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
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paragraph (k) of this AD. Information may be
emailed to: AVS-AIR-730-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, 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.
(k) 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.
(l) Material Incorporated by Reference
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(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the material listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as
applicable to do the actions required by this
AD, unless this AD specifies otherwise.
(i) Agência Nacional de Aviação Civil
(ANAC) AD 2023–08–03R02, effective May
10, 2024.
(ii) [Reserved]
(3) For ANAC AD 2023–08–03R02
identified 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—São José 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 September 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2024–21177 Filed 9–17–24; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–1293; Project
Identifier MCAI–2023–01283–T; Amendment
39–22804; AD 2024–15–12]
RIN 2120–AA64
Airworthiness Directives; Saab AB,
(Formerly Known as Saab AB, Support
and Services) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is superseding
Airworthiness Directive (AD) 2021–26–
05, which applied to all Saab AB Model
SAAB 2000 airplanes. AD 2021–26–05
required revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations.
This AD was prompted by a
determination that new or more
restrictive airworthiness limitations are
necessary. This AD continues to require
certain actions in AD 2021–26–05 and
requires revising the existing
maintenance or inspection program, as
applicable, to incorporate new or more
restrictive airworthiness limitations, as
specified in a European Union Aviation
Safety Agency (EASA) 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 October 23,
2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of October 23, 2024.
The Director of the Federal Register
approved the incorporation by reference
of a certain other publication listed in
this AD as of February 15, 2022 (87 FR
1335, January 11, 2022).
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2024–1293; 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:
SUMMARY:
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• For EASA material identified in this
AD, contact EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email
ADs@easa.europa.eu; website
easa.europa.eu. You may find this
material on the EASA website at
ad.easa.europa.eu.
• 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 at regulations.gov
under Docket No. FAA–2024–1293.
FOR FURTHER INFORMATION CONTACT:
Shahram Daneshmandi, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; phone:
206–231–3220; email:
shahram.daneshmandi@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2021–26–05,
Amendment 39–21863 (87 FR 1335,
January 11, 2022) (AD 2021–26–05). AD
2021–26–05 applied to all Saab AB,
Support and Services Model SAAB 2000
airplanes. AD 2021–26–05 required
revising the existing maintenance or
inspection program, as applicable, to
incorporate new or more restrictive
airworthiness limitations. The FAA
issued AD 2021–26–05 to address,
among other things, fatigue cracking of
principal structural elements (PSEs) and
corrosion prevention and control. This
unsafe condition, if not addressed,
could result in reduced structural
integrity of a PSE, and lead to loss of
control of the airplane.
The NPRM published in the Federal
Register on May 14, 2024 (89 FR 41903).
The NPRM was prompted by AD 2023–
0220, dated December 21, 2023 (EASA
AD 2023–0220) (also referred to as the
MCAI), issued by EASA, which is the
Technical Agent for the Member States
of the European Union. The MCAI states
new or more restrictive airworthiness
limitations have been developed.
In the NPRM, the FAA proposed to
continue to require certain actions in
AD 2021–26–05 and to require revising
the existing maintenance or inspection
program, as applicable, to incorporate
new or more restrictive airworthiness
limitations, as specified in EASA AD
2023–0220. The FAA is issuing this AD
to address among other things, fatigue
cracking of PSEs and corrosion
prevention and control. The unsafe
condition, if not addressed, could result
in reduced structural integrity of a PSE,
E:\FR\FM\18SER1.SGM
18SER1
]]>Agencies
[Federal Register Volume 89, Number 181 (Wednesday, September 18, 2024)]
[Rules and Regulations]
[Pages 76403-76406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21177]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-0455; Project Identifier MCAI-2023-00997-T;
Amendment 39-22805; AD 2024-15-13]
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 occurrences of premature cracks in the outer layer of
certain flight deck side windows caused by interference due to
manufacturing tolerances. This AD requires initial and repetitive
inspections of the flight deck side windows and applicable corrective
actions, and prohibits the installation of affected flight deck side
windows, 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 October 23, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 23,
2024.
ADDRESSES:
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 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 ANAC material identified 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;
[[Page 76404]]
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. It is also available at regulations.gov under
Docket No. FAA-2024-0455.
FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 206-231-3653; 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 EMB-545 and EMB-550 airplanes. The NPRM published in the Federal
Register on March 7, 2024 (89 FR 16489). The NPRM was prompted by ANAC
AD 2023-08-03R01, effective November 2, 2023 (ANAC AD 2023-08-03R01)
(also referred to as the MCAI). The MCAI stated that premature 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.
In the NPRM, the FAA proposed to require initial and repetitive
inspections of the flight deck side windows and applicable corrective
actions, and to prohibit the installation of affected flight deck side
windows, as specified in ANAC AD 2023-08-03R01. The FAA is issuing this
AD to address cracks, delamination, scratches, erosion, and any other
damage with the affected left-hand and right-hand flight deck side
windows, which 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received one comment, from Embraer S.A. The following
presents the comment received on the NPRM and the FAA's response to the
comment.
Request for Change to Exceptions Paragraph
Paragraph (b)(1)(i) of ANAC AD 2023-08-03R01 specified replacement
of a window if ``any crack in the outer layer'' is detected. Paragraph
(h)(2) of the proposed AD, however, specified replacement of a window
if ``any crack, delamination, or any other damage'' is found. Embraer
stated that delamination is commonly defined as a reduced adhesion or
separation of the interlayer between the acrylic plies. Embraer claimed
that delamination is found with some frequency in airplane windows and
may be present during the inspection. Embraer added that delamination,
as well as other typical damage (scratches, crazing, etc.) is not a
structural concern, but would require the immediate window replacement
according to the proposed AD. Embraer was concerned that the text of
the proposed AD would require actions beyond the original intent of the
ANAC AD, which is to provide instructions if a crack is identified.
Embraer claimed that a crack in the window outer ply caused by the
interference with its aluminum strap is the condition that may develop
into the unsafe condition.
Since the commenter submitted the comment, ANAC has revised the
MCAI. ANAC AD 2023-08-03R02, effective May 10, 2024 (ANAC AD 2023-08-
03R02), clarifies the corrective actions for damages other than cracks,
although it does not change the intent: If any crack in the outer layer
is found, the revised MCAI requires replacing the window, and if
delamination, scratches, erosion, or any damage other than a crack is
found, the revised MCAI requires corrective actions that depend on the
extent of the findings, as specified in Task 56-12-00-200-802-A,
``Cockpit Side Window--Allowable limits,'' Revision 50, dated May 12,
2023, as published in Aircraft Maintenance Manual AMM-5613, Part II
(Maintenance Practices and Procedures-MPP), or further revisions of
this task approved by ANAC.
The FAA affirms that maintenance procedures exist with limits
defined by the window manufacturer in case of delamination, scratches,
erosion, or any other damage. With the updated procedures, the FAA
therefore agrees that the exception specified in paragraph (h)(2) of
the proposed AD is unnecessary. The FAA has made the following changes
to this AD:
Paragraph (g) of this AD requires the actions specified in
ANAC AD 2023-08-03R02 (instead of ANAC AD 2023-08-03R01).
Paragraph (h)(2) of the proposed AD has been removed from
this AD.
Paragraph (i) has been added to this AD to provide credit
if the actions in ANAC AD 2023-08-03R01 were accomplished before the
effective date of this AD.
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, considered the
comments received, 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, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023-08-03R02, effective May 10, 2024.
This material specifies procedures for initial and repetitive general
visual inspections of the left-hand and right-hand flight deck side
windows with P/N NP-200402-7 or P/N NP-200402-8 to detect cracks,
delamination, scratches, erosion, and any other damage (such as
chipping and crazing). Corrective actions include window replacement
and other maintenance procedures depending on the extent of the
findings. ANAC AD 2023-08-03R02 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 the ADDRESSES section.
Costs of Compliance
The FAA estimates this AD affects 44 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:
[[Page 76405]]
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 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
------------------------------------------------------------------------
Up to 15 work-hours x $85 per hour $21,636 Up to $22,911.
= $1,275.
------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or 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:
2024-15-13 Embraer S.A.: Amendment 39-22805; Docket No. FAA-2024-
0455; Project Identifier MCAI-2023-00997-T.
(a) Effective Date
This airworthiness directive (AD) is effective October 23, 2024.
(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
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2023-08-03R02, effective May 10, 2024 (ANAC AD 2023-08-03R02).
(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, scratches, erosion, 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 2023-08-03R02.
(h) Exceptions to ANAC AD 2023-08-03R02
(1) Where ANAC AD 2023-08-03R02 refers to its effective date or
``November 02nd, 2023, the effective date of the AD 2023-08-03R01,''
this AD requires using the effective date of this AD.
(2) Where paragraph (b)(2) of ANAC AD 2023-08-03R02 specifies
``at each 2,000 FC,'' for this AD, replace that text with ``at
intervals not to exceed 2,000 FC.''
(3) This AD does not adopt paragraph (d) of ANAC AD 2023-08-
03R02.
(i) Credit for Previous Actions
This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using ANAC AD 2023-08-03R01, effective November 2,
2023.
(j) 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
[[Page 76406]]
paragraph (k) 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, 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.
(k) 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:
[email protected].
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material 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 2023-08-03R02, effective May 10, 2024.
(ii) [Reserved]
(3) For ANAC AD 2023-08-03R02 identified 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">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 September 12, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-21177 Filed 9-17-24; 8:45 am]
BILLING CODE 4910-13-P
