[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Proposed Rules]
[Pages 57907-57910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18119]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1717; Project Identifier MCAI-2023-00728-A]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This 
proposed AD was prompted by analysis of certain monuments (the right-
hand refreshment center and left-hand forward cabinet) that identified 
the need for installing structural reinforcements and replacing certain 
floor support rivets. This proposed AD would require installing 
structural reinforcements on certain monuments and replacing certain 
floor support rivets, as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for 
incorporation by reference (IBR). The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by October 10, 2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at 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 NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
    <bullet> For service information that is proposed for IBR in this 
NPRM, contact ANAC, Continuing Airworthiness Technical Branch (GTAC), 
Rua Doutor Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; phone: 55 (12) 3203-
6600; email: <a href="/cdn-cgi/l/email-protection#16667775562a77367e6473702b" http: anac.gov">anac.gov</a>.br">pac@anac.gov.br</a>; 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-2023-1717.
    <bullet> You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 Locust, 
Kansas City, MO 64106. For information on the availability of this 
material at the FAA, call (817) 222-5110.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4165; email: <a href="/cdn-cgi/l/email-protection#fb919296d5898e8f939e899d94899fbb9d9a9ad59c948d"><span class="__cf_email__" data-cfemail="1d777470336f686975786f7b726f795d7b7c7c337a726b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1717; Project Identifier 
MCAI-2023-00728-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
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 Jim 
Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

[[Page 57908]]

Background

    The ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2023-05-03, effective June 2, 2023 (ANAC AD 2023-05-03) 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition on certain serial-numbered Embraer Model EMB-505 airplanes. 
The MCAI states that analysis identified certain monuments (the right-
hand refreshment center and left-hand forward cabinet) that might not 
withstand the loads expected for specific emergency landing conditions, 
which may cause the detachment of mass items and result in injuries to 
the airplane occupants. To address this unsafe condition, the MCAI 
specifies installing structural reinforcements on certain monuments and 
replacing applicable floor support rivets.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1717.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed ANAC AD 2023-05-03, which specifies procedures for 
installing structural reinforcements on certain monuments and replacing 
applicable fasteners on the floor support.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

FAA's Determination

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in ANAC AD 2023-05-03 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD and 
except as discussed under ``Differences Between this Proposed AD and 
the MCAI.''

Differences Between This Proposed AD and the MCAI

    The service information specified in ANAC AD 2023-05-03 allows the 
use of alternative or similar parts in place of the ones specified in 
the kits, provided these alternative or similar parts are approved by 
Embraer, but this proposed AD would require approval from either the 
Manager, International Validation Branch, FAA; ANAC; or ANAC's 
authorized Designee.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate ANAC AD 2023-05-03 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
ANAC AD 2023-05-03 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD and except as discussed under ``Differences Between 
this Proposed AD and the MCAI.'' Service information required by ANAC 
AD 2023-05-03 for compliance will be available at regulations.gov under 
Docket No. FAA-2023-1717 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 208 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
AD:

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

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


[[Page 57909]]

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

Embraer S.A.: Docket No. FAA-2023-1717; Project Identifier MCAI-
2023-00728-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by October 10, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-505 airplanes, as 
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD 2023-05-03, effective June 2, 2023 (ANAC AD 2023-05-03), 
certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2500, Cabin 
Equipment/Furnishings.

(e) Unsafe Condition

    This AD was prompted by analysis of certain monuments (the 
right-hand refreshment center and left-hand forward cabinet) that 
identified the need for installing structural reinforcements and 
replacing applicable floor support rivets. The FAA is issuing this 
AD to address the unsafe condition. The unsafe condition, if not 
addressed, could result in a monument not withstanding the loads 
expected for specific emergency landing conditions, which may cause 
the detachment of mass items and result in injuries to the airplane 
occupants.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, ANAC AD 2023-05-03.

(h) Exceptions to ANAC AD 2023-05-03

    (1) Where ANAC AD 2023-05-03 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The service information referenced in ANAC AD 2023-05-03 
allows the use of alternative or similar parts in place of the ones 
specified in the kits, provided that these alternative or similar 
parts are approved by Embraer. This AD requires approval from either 
the Manager, International Validation Branch, FAA; ANAC; or ANAC's 
authorized Designee. If approved by the ANAC Designee, the approval 
must include the Designee's authorized signature.
    (3) Where the service information referenced in ANAC AD 2023-05-
03 specifies discarding parts, this AD requires removing those parts 
from service.
    (4) This AD does not adopt paragraph (d) of ANAC AD 2023-05-03.

(i) No Reporting Requirement

    Although the service information referenced in ANAC AD 2023-05-
03 specifies to submit certain information to the manufacturer, this 
AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (k) of this AD or email 
to: <a href="/cdn-cgi/l/email-protection#70495d3126235d3139225d4743405d313d3f33301611115e171f06"><span class="__cf_email__" data-cfemail="94adb9d5c2c7b9d5ddc6b9a3a7a4b9d5d9dbd7d4f2f5f5baf3fbe2">[email protected]</span></a>. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office.

(k) Additional Information

    For more information about this AD, contact Jim Rutherford, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4165; email: 
<a href="/cdn-cgi/l/email-protection#e68c8f8bc89493928e839480899482a6808787c8818990"><span class="__cf_email__" data-cfemail="dfb5b6b2f1adaaabb7baadb9b0adbb9fb9bebef1b8b0a9">[email protected]</span></a>.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil AD 
2023-05-03, effective June 2, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-05-03, contact National Civil Aviation 
Agency (ANAC), Continuing Airworthiness Technical Branch (GTAC), Rua 
Doutor Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; phone: 55 (12) 
3203-6600; email: <a href="/cdn-cgi/l/email-protection#88f8e9ebc8b4e9a8e0faedeeb5" http: anac.gov">anac.gov</a>.br">pac@anac.gov.br</a>; 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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on

[[Page 57910]]

the availability of this material at NARA, email: 
<a href="/cdn-cgi/l/email-protection#2442560a4d4a57544147504d4b4a644a4556450a434b52"><span class="__cf_email__" data-cfemail="d1b7a3ffb8bfa2a1b4b2a5b8bebf91bfb0a3b0ffb6bea7">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-18119 Filed 8-23-23; 8:45 am]
BILLING CODE 4910-13-P


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