DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0455; Project Identifier MCAI-2023-00997-T;
Amendment 39-22805; AD 2024-15-13]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model EMB-545 and EMB-550 airplanes. This AD was
prompted by occurrences of premature cracks in the outer layer of
certain flight deck side windows caused by interference due to
manufacturing tolerances. This AD requires initial and repetitive
inspections of the flight deck side windows and applicable corrective
actions, and prohibits the installation of affected flight deck side
windows, as specified in an Agencia Nacional de
Aviacao 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 October 23, 2024.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 23,
2024.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-0455; 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:
For ANAC material identified 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--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
at sistemas.anac.gov.br/certificacao/DA/DAE.asp. It is also available
at regulations.gov under Docket No. FAA-2024-0455.
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. It is also available at regulations.gov under
Docket No. FAA-2024-0455.

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

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 Embraer S.A.
Model EMB-545 and EMB-550 airplanes. The NPRM published in the Federal
Register on March 7, 2024 (89 FR 16489). The NPRM was prompted by ANAC
AD 2023-08-03R01, effective November 2, 2023 (ANAC AD 2023-08-03R01)
(also referred to as the MCAI). The MCAI stated that premature cracks
have occurred in the outer layer of left-hand and right-hand flight
deck side windows with part number (P/N) NP-200402-7 or P/N NP-200402-
8, caused by interference due to manufacturing tolerances.
In the NPRM, the FAA proposed to require initial and repetitive
inspections of the flight deck side windows and applicable corrective
actions, and to prohibit the installation of affected flight deck side
windows, as specified in ANAC AD 2023-08-03R01. The FAA is issuing this
AD to address cracks, delamination, scratches, erosion, and any other
damage with the affected left-hand and right-hand flight deck side
windows, which may subject the inner layer of the window to unpredicted
loads for several flights, which could result in window failure and
subsequent in-flight depressurization events.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2024-0455.

Discussion of Final Airworthiness Directive

Comments

The FAA received one comment, from Embraer S.A. The following
presents the comment received on the NPRM and the FAA's response to the
comment.

Request for Change to Exceptions Paragraph

Paragraph (b)(1)(i) of ANAC AD 2023-08-03R01 specified replacement
of a window if ``any crack in the outer layer'' is detected. Paragraph
(h)(2) of the proposed AD, however, specified replacement of a window
if ``any crack, delamination, or any other damage'' is found. Embraer
stated that delamination is commonly defined as a reduced adhesion or
separation of the interlayer between the acrylic plies. Embraer claimed
that delamination is found with some frequency in airplane windows and
may be present during the inspection. Embraer added that delamination,
as well as other typical damage (scratches, crazing, etc.) is not a
structural concern, but would require the immediate window replacement
according to the proposed AD. Embraer was concerned that the text of
the proposed AD would require actions beyond the original intent of the
ANAC AD, which is to provide instructions if a crack is identified.
Embraer claimed that a crack in the window outer ply caused by the
interference with its aluminum strap is the condition that may develop
into the unsafe condition.
Since the commenter submitted the comment, ANAC has revised the
MCAI. ANAC AD 2023-08-03R02, effective May 10, 2024 (ANAC AD 2023-08-
03R02), clarifies the corrective actions for damages other than cracks,
although it does not change the intent: If any crack in the outer layer
is found, the revised MCAI requires replacing the window, and if
delamination, scratches, erosion, or any damage other than a crack is
found, the revised MCAI requires corrective actions that depend on the
extent of the findings, as specified in Task 56-12-00-200-802-A,
``Cockpit Side Window--Allowable limits,'' Revision 50, dated May 12,
2023, as published in Aircraft Maintenance Manual AMM-5613, Part II
(Maintenance Practices and Procedures-MPP), or further revisions of
this task approved by ANAC.
The FAA affirms that maintenance procedures exist with limits
defined by the window manufacturer in case of delamination, scratches,
erosion, or any other damage. With the updated procedures, the FAA
therefore agrees that the exception specified in paragraph (h)(2) of
the proposed AD is unnecessary. The FAA has made the following changes
to this AD:
Paragraph (g) of this AD requires the actions specified in
ANAC AD 2023-08-03R02 (instead of ANAC AD 2023-08-03R01).
Paragraph (h)(2) of the proposed AD has been removed from
this AD.
Paragraph (i) has been added to this AD to provide credit
if the actions in ANAC AD 2023-08-03R01 were accomplished before the
effective date of this AD.

Conclusion

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 reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, and any other changes described previously, this AD is adopted
as proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

The FAA reviewed ANAC AD 2023-08-03R02, effective May 10, 2024.
This material specifies procedures for initial and repetitive general
visual inspections of the left-hand and right-hand flight deck side
windows with P/N NP-200402-7 or P/N NP-200402-8 to detect cracks,
delamination, scratches, erosion, and any other damage (such as
chipping and crazing). Corrective actions include window replacement
and other maintenance procedures depending on the extent of the
findings. ANAC AD 2023-08-03R02 also prohibits the installation of
flight deck side windows with P/N NP-200402-7 or 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.

Costs of Compliance

The FAA estimates this AD affects 44 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this AD:

Estimated Costs for Required Actions

The FAA estimates the following costs to do any on-condition
actions 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 these on-condition actions:

Estimated Costs of On-Condition Actions

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

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: