Airworthiness Directives; Embraer S.A. Airplanes

[Federal Register Volume 89, Number 229 (Wednesday, November 27, 2024)]
[Rules and Regulations]
[Pages 93472-93474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27709]



[[Page 93472]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2020; Project Identifier MCAI-2024-00303-A; 
Amendment 39-22877; AD 2024-22-06]
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 superseding Airworthiness Directive (AD) 2023-21-06 
for certain Embraer S.A. (Embraer) Model EMB-505 airplanes. AD 2023-21-
06 required installing structural reinforcements on certain monuments 
and replacing certain floor support rivets. Since the FAA issued AD 
2023-21-06, the FAA determined that certain airplanes need to be re-
assigned to a different group and certain re-identified floor support 
part numbers need to be corrected. This AD requires installing 
structural reinforcements on monuments and replacing fasteners on the 
floor support, 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 January 2, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 2, 
2025.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2020; 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: 
anac.gov.br">pac@anac.gov.br; 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 at regulations.gov under 
Docket No. FAA-2024-2020.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4165; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2023-21-06, Amendment 39-22578 (88 FR 
76114, November 6, 2023; corrected December 7, 2023 (88 FR 85093)) (AD 
2023-21-06). AD 2023-21-06 applied to certain serial-numbered Embraer 
Model EMB-505 airplanes. AD 2023-21-06 was prompted by an MCAI 
originated by ANAC, which is the aviation authority for Brazil. ANAC 
issued ANAC AD 2023-05-03, effective June 2, 2023 (ANAC AD 2023-05-03) 
to correct an unsafe condition.
    AD 2023-21-06 required installing structural reinforcements on 
certain monuments and replacing certain floor support rivets. The FAA 
issued AD 2023-21-06 to address 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.
    Since the FAA issued AD 2023-21-06, ANAC superseded ANAC AD 2023-
05-03 and issued ANAC AD 2023-05-03R01, effective March 8, 2024 (ANAC 
AD 2023-05-03R01) for certain serial-numbered Embraer Model EMB-505 
airplanes. ANAC AD 2023-05-03R01 stated it was issued to incorporate 
Embraer Service Bulletin SB505-25-0046, Revision 02, dated February 19, 
2024, which updates effectivity information, compliance information, 
and part number information.
    ANAC superseded ANAC AD 2023-05-03R01 and issued ANAC AD 2023-05-
03R02, effective May 17, 2024 (ANAC AD 2023-05-03R02) (also referred to 
as the MCAI) for certain serial-numbered Embraer Model EMB-505 
airplanes. The MCAI states it was issued to incorporate Embraer Service 
Bulletin SB505-25-0046, Revision 03, dated May 6, 2024 (actual date May 
7, 2024), which includes additional actions for certain airplane groups 
that had complied with the requirements of ANAC AD 2023-05-03R01 but 
had not yet installed part number 506-66837-001 and updates the 
effectivity information, compliance information, and part number 
information.
    The NPRM published in the Federal Register on August 16, 2024 (89 
FR 66642). The NPRM was prompted by ANAC AD 2023-05-03R02. In the NPRM, 
the FAA proposed to require installing structural reinforcements on 
monuments and replacing fasteners on the floor support, as specified in 
ANAC AD 2023-05-03R02.
    The FAA is issuing this AD to address certain monuments 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.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2020.

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 2023-05-03R02, which specifies procedures 
for installing structural reinforcements on certain monuments and 
replacing certain 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.

[[Page 93473]]

Differences Between This AD and the MCAI

    The material specified in ANAC AD 2023-05-03R02 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. If approved by the ANAC Designee, the approval must include 
the Designee's authorized signature.

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
             Action                  Labor cost       Parts cost   product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Airplane groups 1 and 2--        22 work-hours x          $1,600     $3,470  $242,900 (70 airplanes).
 install structural               $85 per hour =
 reinforcements.                  $1,870.
Airplane groups 3, 4, and 5--    14 work-hours x             600      1,790  $200,480 (112 airplanes).
 install structural               $85 per hour =
 reinforcements and replace       $1,190.
 floor fasteners.
Airplane groups 6 and 8--        26 work-hours x           2,000      4,210  $84,200 (20 airplanes).
 install structural               $85 per hour =
 reinforcements and replace       $2,210.
 floor fasteners.
Airplane group 7--install        20 work-hours x           1,600      3,300  $16,500 (5 airplanes).
 structural reinforcements.       $85 per hour =
                                  $1,700.
Airplane group 9--install        14 work-hours x           1,600      2,790  $2,790 (1 airplane).
 structural reinforcements.       $85 per hour =
                                  $1,190.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs for the additional work that 
operators would be required to do for compliance with this AD if they 
completed the actions in the original version of Embraer Service 
Bulletin SB505-25-0046, dated March 31, 2021; Service Bulletin SB505-
25-0046, Revision 01, dated May 8, 2023; or Service Bulletin SB505-25-
0046, Revision 02, dated February 19, 2024. 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.......  9 work-hours x            $50       $815
                                 $85 per hour =
                                 $765.
Replace floor fasteners.......  1 work-hour x              50        135
                                 $85 per hour =
                                 $85.
Airplane groups 1 and 2         2 work-hours x            200        370
 install reinforcement support   $85 per hour =
 on left-hand forward cabinet.   $170.
------------------------------------------------------------------------

    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

    The FAA has determined that 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:
0
a. Removing Airworthiness Directive 2023-21-06, Amendment 39-22578 (88 
FR 76114, November 6, 2023; corrected December 7, 2023 (88 FR 85093)); 
and
0
b. Adding the following new airworthiness directive:


[[Page 93474]]


2024-22-06 Embraer S.A.: Amendment 39-22877; Docket No. FAA-2024-
2020; Project Identifier MCAI-2024-00303-A.

(a) Effective Date

    This airworthiness directive (AD) is effective January 2, 2025.

(b) Affected ADs

    This AD replaces AD 2023-21-06, Amendment 39-22578 (88 FR 76114, 
November 6, 2023; corrected December 7, 2023 (88 FR 85093)).

(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 2023-05-03R02, 
effective May 17, 2024 (ANAC AD 2023-05-03R02).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by the 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 2023-05-03R02.

(h) Exceptions to ANAC AD 2023-05-03R02

    (1) Where ANAC AD 2023-05-03R02 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where ANAC AD 2023-05-03R02 refers to Embraer Service 
Bulletin SB505-25-0046, Revision 03, as dated ``May 6, 2024,'' 
replace that text with ``May 7, 2024.''
    (3) Where paragraph (b) of ANAC AD 2023-05-03R02 refers to 
``June 2, 2023, the effective date of AD 2023-05-03, original 
revision,'' replace that text with ``December 11, 2023, the 
effective date of AD 2023-21-06.''
    (4) Although the material referenced in ANAC AD 2023-05-03R02 
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.
    (5) Where the material referenced in ANAC AD 2023-05-03R02 
specifies to ``discard'' certain parts, replace that text with 
``remove from service.''
    (6) This AD does not adopt paragraph (d)(1) of ANAC AD 2023-05-
03R02.

(i) No Reporting Requirement

    Although the material referenced in ANAC AD 2023-05-03R02 
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: [email protected]. 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: 
[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 the AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-05-03R02, effective May 17, 2024.
    (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: 
anac.gov.br">pac@anac.gov.br; 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 [email protected].

    Issued on October 24, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-27709 Filed 11-26-24; 8:45 am]
BILLING CODE 4910-13-P

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