[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Proposed Rules]
[Pages 43496-43499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15333]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0584; Product Identifier 2020-NM-069-AD]
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. Model EMB-550 and EMB-545 airplanes. This
proposed AD was prompted by reports of cracks, delamination, and
failure of the flight deck side windows during certification fatigue
tests. This proposed AD would require repetitive inspections of the
flight deck side windows for any cracking or delamination, corrective
action if necessary, and eventual replacement of the windows, as
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD, which will be incorporated by reference. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by August 31,
2020.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material incorporated by reference (IBR) in this AD, contact
National Civil Aviation Agency, Aeronautical Products Certification
Branch (GGCP), Rua Laurent Martins, n[ordm] 209, Jardim Esplanada, CEP
12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55
(12) 3203-6600; email [email protected]; internet www.anac.gov.br/en/.
You may find this IBR material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. For service information
identified in this final rule,
[[Page 43497]]
contact Embraer S.A., Technical Publications Section (PC 560), Rodovia
Presidente Dutra, km 134, 12247-004 Distrito Eug[ecirc]nio de Melo--
S[atilde]o Jos[eacute] dos Campos--SP--Brazil; telephone +55 12 3927-
0386; email [email protected]; internet https://www.mytechcare.embraer.com. You may view this IBR 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 in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0584.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0584; 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, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; [email protected].
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 the ADDRESSES section. Include ``Docket No. FAA-2020-0584;
Product Identifier 2020-NM-069-AD'' 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 NPRM based on 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 the FAA receives, without change,
to https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact the FAA receives 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 the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Discussion
The ANAC, which is the aviation authority for Brazil, has issued
Brazilian AD 2020-04-01R01, effective May 22, 2020 (``Brazilian AD
2020-04-01R01'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Embraer S.A. Model EMB-550 and EMB-545 airplanes.
This proposed AD was prompted by reports of cracks, delamination,
and failure of the flight deck side windows during certification
fatigue tests. The FAA is proposing this AD to address such cracks and
delamination, which could cause the flight deck side windows to fail
and lead to an in-flight depressurization event. See the MCAI for
additional background information.
Related IBR Material Under 1 CFR Part 51
Brazilian AD 2020-04-01R01 describes procedures for repetitive
detailed inspections of the flight deck side windows for any cracking
or delamination, and replacement of the windows. 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.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, the FAA
has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in Brazilian AD 2020-04-01R01 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, Brazilian AD 2020-
04-01R01 will be incorporated by reference in the FAA final rule. This
proposed AD would, therefore, require compliance with Brazilian AD
2020-04-01R01 in its entirety, through that incorporation, except for
any differences identified as exceptions in the regulatory text of this
proposed AD. Service information specified in Brazilian AD 2020-04-
01R01 that is required for compliance with Brazilian AD 2020-04-01R01
will be available on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0584 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 49 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 43498]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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10 work-hour x $85 per hour = $850........................... $0 $850 $41,650
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The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition action:
Estimated Costs of On-Condition Actions
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Cost per
Labor cost Parts cost product
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9 work-hours x $85 per hour = $765 $9,280 per window... $10,045
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in our cost estimate.
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) 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 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 (AD):
Embraer S.A.: Docket No. FAA-2020-0584; Product Identifier 2020-
NM-069-AD.
(a) Comments Due Date
The FAA must receive comments by August 31, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-550 and EMB-545
airplanes, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2020-04-01R01, effective May 22, 2020 (``Brazilian AD 2020-04-
01R01'').
(d) Subject
Air Transport Association (ATA) of America Code 56, Windows.
(e) Reason
This AD was prompted by reports of cracks, delamination, and
failure of the flight deck side windows during certification fatigue
tests. The FAA is issuing this AD to address such cracks and
delamination, which could cause the flight deck side windows to fail
and lead to an in-flight depressurization event.
(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, Brazilian AD 2020-04-01R01.
(h) Exceptions and Clarifications to Brazilian AD 2020-04-01R01
(1) Where Brazilian AD 2020-04-01R01 refers to its effective
date, or ``17 April, 2020, the effective date of the original issue
of this AD,'' this AD requires using the effective date of this AD.
(2) Where Brazilian AD 2020-04-01R01 refers to the compliance
time of the repetitive inspections, ``at each 750 Flight Hours
(FH),'' this AD requires a compliance time of, ``at intervals not to
exceed 750 flight hours.''
(3) Where Brazilian AD 2020-04-01R01 refers to, ``in case of no
crack, delamination or any other damage which do not allow to
properly perform the required inspection by this AD, no action is
required at this time,'' this AD requires that in the case of no
crack or delamination that no further action is required until the
next inspection interval.
(4) Where Brazilian AD 2020-04-01R01 refers to the compliance
time for the replacement of the flight deck side windows as,
``before the airplane logs 3,400 Flight Cycles Since New (FCSN),''
this AD requires a compliance time of ``before the airplane logs
3,400 FCSN, or within 50 flight cycles, whichever occurs later.''
[[Page 43499]]
(5) Replacement of the flight deck side windows as specified in
paragraph (c)(1) of Brazilian AD 2020-04-01R01 terminates the
repetitive inspections for the flight deck side windows specified in
paragraph (b)(2) of Brazilian AD 2020-04-01R01.
(6) The ``Alternative method of compliance (AMOC)'' section of
Brazilian AD 2020-04-01R01 does not apply to this AD.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j)(2) 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 local flight standards district office/
certificate holding district 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, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.
(j) Related Information
(1) For information about Brazilian AD 2020-04-01R01, contact
National Civil Aviation Agency, Aeronautical Products Certification
Branch (GGCP), Rua Laurent Martins, no 209, Jardim Esplanada, CEP
12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone
55 (12) 3203-6600; email [email protected]; internet www.anac.gov.br/
en/. You may find this Brazilian AD on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. 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.
This material may be found in the AD docket on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0584.
(2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3218; [email protected].
Issued on July 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-15333 Filed 7-16-20; 8:45 am]
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