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


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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; 
Amendment 39-22578; AD 2023-21-06]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

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

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1717; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For the service information identified in this final rule, 
contact ANAC, Continuing Airworthiness Technical Branch (GTAC), Rua 
Doutor Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre 
B -Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; phone: 55 (12) 3203-
6600; email: <a href="/cdn-cgi/l/email-protection#71011012314d1051190314174c" http: anac.gov">anac.gov</a>.br">pac@anac.gov.br</a>;

[[Page 76115]]

website: anac.gov.br/en/. You may find this material on the ANAC 
website at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2023-1717.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4165; email: <a href="/cdn-cgi/l/email-protection#8ae0e3e7a4f8fffee2eff8ece5f8eecaecebeba4ede5fc"><span class="__cf_email__" data-cfemail="650f0c084b1710110d0017030a1701250304044b020a13">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain serial-numbered 
Embraer Model EMB-505 airplanes. The NPRM published in the Federal 
Register on August 24, 2023 (88 FR 57907). The NPRM was prompted by AD 
2023-05-03, effective June 2, 2023, issued by ANAC, which is the 
aviation authority for Brazil (ANAC AD 2023-04-01) (also referred to as 
the MCAI), to correct an unsafe condition for certain serial-numbered 
Embraer Model EMB-505 airplanes. The MCAI states that analysis 
identified certain monuments (the right-hand refreshment center and 
left-hand forward cabinet) that might not withstand the loads expected 
for specific emergency landing conditions, which may cause the 
detachment of mass items and result in injuries to the airplane 
occupants. To address this unsafe condition, the MCAI specifies 
installing structural reinforcements on certain monuments and replacing 
applicable floor support rivets.
    In the NPRM, the FAA proposed to require installing structural 
reinforcements on certain monuments and replacing certain floor support 
rivets, as specified in ANAC AD 2023-04-01. The FAA is issuing this AD 
to address the unsafe condition.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1717.

Discussion of Final Airworthiness Directive

Comments

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

Conclusion

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. This AD is adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

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

Differences Between This AD and the MCAI

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

Costs of Compliance

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

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

    The FAA estimates the following costs for operators that did the 
actions in the original version of Embraer Service Bulletin SB505-25-
0046, dated March 31, 2021. The agency has no way of determining the 
number of airplanes that might need these actions:

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


[[Page 76116]]

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13  [Amended]

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

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

(a) Effective Date

    This airworthiness directive (AD) is effective December 11, 
2023.

(b) Affected ADs

    None.

(c) Applicability

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

(d) Subject

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

(e) Unsafe Condition

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

(f) Compliance

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

(g) Required Actions

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

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

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

(i) No Reporting Requirement

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

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (k) of this AD or email 
to: <a href="/cdn-cgi/l/email-protection#e6dfcba7b0b5cba7afb4cbd1d5d6cba7aba9a5a6808787c8818990"><span class="__cf_email__" data-cfemail="d6effb978085fb979f84fbe1e5e6fb979b999596b0b7b7f8b1b9a0">[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#264c4f4b085453524e4354404954426640474708414950"><span class="__cf_email__" data-cfemail="d3b9babefda1a6a7bbb6a1b5bca1b793b5b2b2fdb4bca5">[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 (ANAC) 
AD 2023-05-03, effective June 2, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-05-03, contact ANAC, Continuing 
Airworthiness Technical Branch (GTAC), Rua Doutor Orlando Feirabend 
Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18, 
Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] 
dos Campos--SP, Brazil; phone: 55 (12) 3203-6600; email: 
<a href="/cdn-cgi/l/email-protection#e4948587a4d885c48c968182d9" 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 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 <a href="/cdn-cgi/l/email-protection#c1a7b3efa8afb2b1a4a2b5a8aeaf81afa0b3a0efa6aeb7"><span class="__cf_email__" data-cfemail="bddbcf93d4d3cecdd8dec9d4d2d3fdd3dccfdc93dad2cb">[email protected]</span></a>.


[[Page 76117]]


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


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