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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; Amendment
39-21349; AD 2020-25-07]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Embraer S.A. Model EMB-550 and EMB-545 airplanes. This AD was
prompted by reports of cracks, delamination, and failure of the flight
deck side windows during certification fatigue tests. This AD requires
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 is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective January 21, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 21,
2021.
ADDRESSES: For material incorporated by reference (IBR) in this
AD,
contact National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. 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, Tel: 55 (12) 3203-6600; Email: pac@anac.gov.br;
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.
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 final rule, 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.
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; Kathleen.Arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2020-04-01R01, effective May 22, 2020 (``ANAC 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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Embraer S.A.
Model EMB-550 and EMB-545 airplanes. The NPRM published in the Federal
Register on July 17, 2020 (85 FR 43496). The NPRM was prompted by
reports of cracks, delamination, and failure of the flight deck side
windows during certification fatigue tests. The NPRM proposed to
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 ANAC AD 2020-04-01R01.
The FAA is issuing this AD to address 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.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to each comment.
Request To Revise Exception to ANAC AD 2020-04-01R01 When No Crack,
Delamination, or Damage Is Found
Embraer requested that the FAA revise the exception to ANAC AD
2020-04-01R01 in paragraph (h)(3) of the proposed AD. Embraer proposed
the language be revised to: ``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 findings in item (i) or (ii), no action is required by this AD until
the next inspection interval.'' Embraer stated that its concern is that
the current language in paragraph (h)(3) of the proposed AD may have an
interpretation other than the original intent, which is to give
instruction for the case of no damage is found as defined in paragraphs
(b)(1)(i) and (b)(1)(ii) of ANAC AD 2020-04-01R01.
Embraer also stated that, since delamination (commonly defined as a
reduced adhesion or separation of the interlayer between the acrylic
plies) is found in airplane windows, the concern was to define this
with additional detail in ANAC AD 2020-04-01R01 with the conditions
related to the unsafe condition, which is the presence of cracks in the
bolt holes. Embraer commented that delamination in the bolt holes area
is not considered a critical structural concern; however, it could
impede or make the crack inspection inconclusive. Embraer also pointed
out that the window is required to be replaced with a window having the
new part number when delamination is found.
Embraer stated that the NPRM could be interpreted to require
immediate window replacement, even though delamination typically found
in the visible areas of windows and other typical damage (scratches,
crazing, etc.) are not immediate structural issues. Embraer pointed out
that this delamination and damage are more of a visual aspect that many
times result in early window replacements. Embraer also commented that
the maintenance procedures are provided with the typical limits defined
by the windows manufacturer for typical damages.
The FAA agrees with the commenter for the reasons provided above.
Therefore, the FAA has revised paragraph (h)(3) of this AD as suggested
by Embraer. This revision of paragraph (h)(3) of this AD provides
further clarification of the exception to the requirements of
paragraphs (b)(1)(i) and (ii) of ANAC AD 2020-04-01R01.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule with the change described previously
and minor editorial changes. The FAA has determined that these minor
changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
ANAC 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.
Costs of Compliance
The FAA estimates that this AD affects 49 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
|
Labor cost
|
Parts cost
|
Cost per
product
|
Cost on
U.S. operators
|
| 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
|
Labor cost
|
Parts cost
|
Cost per
product
|
| 9 work-hours x $85 per hour =
$765 |
$9,280 per
window
|
$10,045
|
According to the manufacturer, some
or all of the costs of this 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
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.
Adoption of 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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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