[Federal Register Volume 89, Number 195 (Tuesday, October 8, 2024)]
[Rules and Regulations]
[Pages 81336-81338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23248]



[[Page 81336]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1484; Project Identifier MCAI-2023-00968-A; 
Amendment 39-22834; AD 2024-17-09]
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 the left-hand (LH) refreshment center and LH 
forward cabinet that identified the need for installing structural 
reinforcements. This AD requires installing structural reinforcements 
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 November 12, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 12, 
2024.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-1484; 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 ANAC material identified in this AD, 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#daaabbb99ae6bbfab2a8bfbce7" 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-2024-1484.
    <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 at regulations.gov under 
Docket No. FAA-2024-1484.

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="95fffcf8bbe7e0e1fdf0e7f3fae7f1d5f3f4f4bbf2fae3">[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 June 20, 2024 (89 FR 51853). The NPRM was prompted by ANAC 
AD 2023-07-01, effective August 10, 2023, as corrected by ANAC 
Airworthiness Directive Errata, effective August 10, 2023 (ANAC AD 
2023-07-01) (also referred to as the MCAI) issued by National Civil 
Aviation Agency of Brazil, which is the aviation authority for Brazil. 
The MCAI states that analysis identified that the LH refreshment center 
and LH forward cabinet might not withstand the loads expected for 
specific emergency landing conditions, which may cause the detachment 
of mass items and cause injuries to the airplane occupants. In 
addition, the MCAI includes errata to correct a printing error in the 
original English version of the MCAI. The MCAI requires installing 
structural reinforcements.
    In the NPRM, the FAA proposed to require installing structural 
reinforcements, as specified in ANAC AD 2023-07-01. The FAA is issuing 
this AD to address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-1484.

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.

Material Incorporated by Reference Under 1 CFR Part 51

    The FAA reviewed ANAC AD 2023-07-01, which specifies procedures for 
installing structural reinforcements.
    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.

Differences Between This AD and the MCAI

    The material specified in ANAC AD 2023-07-01 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 229 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
----------------------------------------------------------------------------------------------------------------
Install structural reinforcements...  11 work-hours x $85 per          $1,600           $2,535         $580,515
                                       hour = $935.
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[[Page 81337]]

    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:

2024-17-09 Embraer S.A.: Amendment 39-22834; Docket No. FAA-2024-
1484; Project Identifier MCAI-2023-00968-A.

 (a) Effective Date

    This airworthiness directive (AD) is effective November 12, 
2024.

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to Embraer S.A. Model EMB-505 airplanes, 
certificated in any category, as identified in Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2023-07-01, 
effective August 10, 2023, as corrected by ANAC Airworthiness 
Directive Errata, effective August 10, 2023 (ANAC AD 2023-07-01).

 (d) Subject

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

 (e) Unsafe Condition

    This AD was prompted by an analysis that the left-hand (LH) 
refreshment center and LH forward cabinet might not withstand the 
loads expected for specific emergency landing conditions. The FAA is 
issuing this AD to address the possibility of detachment of mass 
items during specific emergency landing conditions. The unsafe 
condition, if not addressed, could 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 2023-07-01.

 (h) Exceptions to ANAC AD 2023-07-01

    (1) Where ANAC AD 2023-07-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Although the material referenced in ANAC AD 2023-07-01 
allows the use of alternative or similar parts in place of the ones 
specified in the kits provided, this AD requires that alternative or 
similar parts be approved by 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 material referenced in ANAC AD 2023-07-01 
specifies to ``discard'' certain parts, for this AD replace that 
text with ``remove from service.''
    (4) This AD does not adopt paragraphs (c) and (d) of ANAC AD 
2023-07-01.

 (i) No Reporting Requirement

    Although the material referenced in ANAC AD 2023-07-01 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#9cddd1d3dfdcfafdfdb2fbf3ea"><span class="__cf_email__" data-cfemail="46070b09050620272768212930">[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#bdd7d4d093cfc8c9d5d8cfdbd2cfd9fddbdcdc93dad2cb"><span class="__cf_email__" data-cfemail="23494a4e0d5156574b4651454c5147634542420d444c55">[email protected]</span></a>.

 (l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 the AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-07-01, effective August 10, 2023, as corrected by ANAC 
Airworthiness Directive Errata, effective August 10, 2023.
    (ii) [Reserved]
    (3) For ANAC material identified in this AD, 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#f1819092b1cd90d199839497cc" 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 material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material 
at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email <a href="/cdn-cgi/l/email-protection#b2d4c09cdbdcc1c2d7d1c6dbdddcf2dcd3c0d39cd5ddc4"><span class="__cf_email__" data-cfemail="8ceafea2e5e2fffce9eff8e5e3e2cce2edfeeda2ebe3fa">[email protected]</span></a>.


[[Page 81338]]


    Issued on October 3, 2024.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-23248 Filed 10-7-24; 8:45 am]
BILLING CODE 4910-13-P


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