DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1304; Project Identifier MCAI-2023-01134-T]
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 supersede Airworthiness Directive (AD)
2020-25-07, which applies to certain Embraer S.A. Model EMB-550 and
EMB-545 airplanes. AD 2020-25-07 requires repetitive inspections of the
flight deck side windows for any cracking or delamination, corrective
action if necessary, and eventual replacement of the windows. Since the
FAA issued AD 2020-25-07, additional part numbers were added to the
installation prohibition list. This proposed AD would continue to
require the actions in AD 2020-25-07, expand the list of affected
parts, and prohibit the installation of affected parts, as specified in
an Ag[ecirc]ncia Nacional de Aviacao Civil (ANAC) AD,
which is proposed for incorporation by reference (IBR). 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 July 1,
2024.

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 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.
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-1304; 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, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
For ANAC material, 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--
Sao Jose dos Campos--SP, Brazil; telephone 55 (12) 3203-
6600; email pac@anac.gov.br; website anac.gov.br/en/. You may find this
material on the ANAC website sistemas.anac.gov.br/certificacao/DA/
DAE.asp. It is also available at regulations.gov under Docket No. FAA-
2024-1304.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th Street,
Des Moines, WA. For information on the availability of this material at
the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3653; email hassan.m.ibrahim@faa.gov.

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 ADDRESSES. Include ``Docket No. FAA-2024-1304; Project Identifier
MCAI-2023-01134-T'' 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 proposal because of 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 received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received 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
Hassan Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone 206-231-3653; email
hassan.m.ibrahim@faa.gov. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.

Background

The FAA issued AD 2020-25-07, Amendment 39-21349 (85 FR 81385,
December 16, 2020) (AD 2020-25-07), for certain Embraer S.A. Model EMB-
550 and EMB-545 airplanes. AD 2020-25-07 was prompted by an MCAI
originated by ANAC, which is the aviation authority for Brazil. ANAC
issued AD 2020-04-01R01, effective May 22, 2020, to correct an unsafe
condition.
AD 2020-25-07 requires repetitive inspections of the flight deck
side windows for any cracking or delamination, corrective action if
necessary, and eventual replacement of the windows. The FAA issued AD
2020-25-07 to address cracks and delamination, which could cause the
flight deck side windows to fail and lead to an in-flight
depressurization event.

Actions Since AD 2020-25-07 Was Issued

Since the FAA issued AD 2020-25-07, ANAC superseded ANAC AD 2020-
04-01R01, effective May 22, 2020, and issued ANAC AD 2020-04-01R02,
effective November 2, 2023 (ANAC AD 2020-04-01R02) (also referred to as
the MCAI), to correct an unsafe condition for certain Embraer S.A.
Model EMB-550 and EMB-545 airplanes. The MCAI states that part number
(P/N) NP-200402-7 and P/N NP-200402-8, made mandatory by the previous
revisions of the MCAI, have not had the expected effect on the fleet as
premature cracks in the outer layer of windows with P/N NP-200402-7 and
P/N NP-200402-8 have been found. These cracks may be undetected, and
the inner layer may be subjected to unpredicted loads for several
flights, which could result in window failure and subsequent in-flight
depressurization events.
The FAA is proposing 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-2024-1304.

Explanation of Retained Requirements

Although this proposed AD does not explicitly restate the
requirements of AD 2020-25-07, this proposed AD would retain all of the
requirements of AD 2020-25-07. Those requirements are referenced in
ANAC AD 2020-04-01R02, which, in turn, is referenced in paragraph (g)
of this proposed AD.

Related Service Information Under 1 CFR Part 51

ANAC AD 2020-04-01R02 specifies procedures for initial and
repetitive detailed inspections of the left-hand cockpit side window P/
N NP-200402-1 or P/N NP-200402-5 and right-hand cockpit side window P/N
NP-200402-2 or P/N NP-200402-6 to detect cracks, delamination, or any
other damage (such as scratches, chipping, erosion, and crazing), and
replacement of the windows with a new window P/N NP-200402-9 or P/N NP-
200402-10, as applicable. ANAC AD 2020-04-01R02 also prohibits the
installation of flight deck side windows with P/N NP-200402-1, P/N NP-
200402-2, P/N NP-200402-5, P/N NP-200402-6, P/N NP-200402-7, and P/N
NP-200402-8, on any airplane.
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

This product has been approved by the aviation authority of another
country and is 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 is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

This proposed AD would require accomplishing the actions specified
in ANAC AD 2020-04-01R02 described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. This proposed AD would also prohibit the installation of
affected parts.

Additional Proposed Changes in This NPRM

In the ``Costs of Compliance'' section, AD 2020-25-07 stated an
incorrect estimated costs for required actions. This NPRM corrects the
estimated cost of the required action of inspecting the windows from 10
work-hours to 1 work-hour. The on-condition actions of replacing the
windows have been updated to the latest cost and work-hours.

Explanation of Required Compliance Information

In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2020-04-01R02 by reference in the
FAA final rule. This proposed AD would, therefore, require compliance
with ANAC AD 2020-04-01R02 in its entirety through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Service information required by ANAC AD 2020-
04-01R02 for compliance will be available at regulations.gov under
Docket No. FAA-2024-1304 after the FAA final rule is published.

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would
affect 44 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

Estimated Costs for Required Actions

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

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 the 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) Would not affect intrastate aviation in Alaska, and
(3) Would 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

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:

a. Removing Airworthiness Directive 2020-25-07, Amendment 39-21349 (85
FR 81385, December 16, 2020); and

b. Adding the following new airworthiness directive: