DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-1304; Project Identifier MCAI-2023-01134-T;
Amendment 39-22822; AD 2024-16-16]
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) 2020-25-
07, which applied to certain Embraer S.A. Model EMB-550 and EMB-545
airplanes. AD 2020-25-07 required 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 AD continues to require the actions
in AD 2020-25-07, expands the list of affected parts, and prohibits the
installation of affected parts, 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 30, 2024.

The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 30, 2024.

ADDRESSES:

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 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 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 Street,
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-2024-1304.

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:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2020-25-07, Amendment 39-21349 (85 FR
81385, December 16, 2020) (AD 2020-25-07). AD 2020-25-07 applied to
certain Embraer S.A. Model EMB-550 and EMB-545 airplanes. AD 2020-25-07
required 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.

The NPRM published in the Federal Register on May 17, 2024 (89 FR
43336). The NPRM was prompted by AD 2020-04-01R02, effective November
2, 2023, issued by ANAC, which is the aviation authority for Brazil
(ANAC AD 2020-04-01R02) (also referred to as the MCAI). 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.

In the NPRM, the FAA proposed to 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 ANAC AD 2020-04-01R02.
The FAA is issuing 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.

Discussion of Final Airworthiness Directive

Comments

The FAA received no comments on the NPRM or on the determination of
the cost to the public.

Additional Changes Made to This AD

The FAA revised paragraph (h)(5) of this AD to clarify that the 50
flight cycle grace period is "within 50 flight cycles after the
effective date of this AD." In the proposed AD, the FAA inadvertently
omitted the wording "after the effective date of this AD."

After the FAA issued the proposed AD, ANAC issued an Errata to ANAC
AD 2020-04-01R02, effective November 2, 2023, to clarify the actions if
an inspection is done and delamination or other damage which does not
impact the ability to properly perform the inspection is found. As
originally written, operators could have concluded a windshield needed
to be replaced even if the only inspection finding was delamination in
an area that did not impede the inspection. The FAA has revised
paragraph (h)(3) of this AD to clarify the action for this condition.

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 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

ANAC AD 2020-04-01R02 specifies procedures for initial and
repetitive detailed inspections of the left-hand flight deck side
window P/N NP-200402-1 or P/N NP-200402-5 and right-hand flight deck
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.

Costs of Compliance

The FAA estimates that 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 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 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

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:

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

b. Adding the following new Airworthiness Directive: