|
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.
-----------------------------------------------------------------------
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
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 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:
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--Sao
Jose dos Campos--SP, Brazil; phone: 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.
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: jim.rutherford@faa.gov.
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.
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
|
ACTION
|
LABOR COST
|
PARTS COST
|
COST PER PRODUCT
|
COST ON U.S. OPERATORS
|
| Airplane groups 1 and 2-- install structural reinforcements. |
22 work-hours x $85 per hour = $1,870. |
$1,600
|
$3,470
|
$242,900 (70 airplanes). |
| Airplane groups 3, 4, and 5--install structural reinforcements and replace floor fasteners. |
14 work-hours x $85 per hour = $1,190. |
600
|
1,790
|
$200,480 (112 airplanes). |
| Airplane groups 6 and 8-- install structural reinforcements and replace floor fasteners. |
26 work-hours x $85 per hour = $2,210. |
2,000
|
4,210
|
$84,200 (20 airplanes). |
| Airplane group 7--install structural reinforcements. |
20 work-hours x $85 per hour = $1,700. |
1,600
|
3,300
|
$16,500 (5 airplanes). |
| Airplane group 9--install structural reinforcements. |
14 work-hours x $85 per hour = $1,190. |
1,600
|
2,790
|
$2,790 (1 airplane). |
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
|
ACTION
|
LABOR COST
|
PARTS COST
|
COST PER PRODUCT
|
| Inspect floor fasteners. |
9 work-hours x $85 per hour = $765. |
$50
|
$815
|
| Replace floor fasteners. |
1 work-hour x $85 per hour = $85. |
50
|
135
|
| Airplane groups 1 and 2 install reinforcement support on left-hand forward cabinet. |
2 work-hours x $85 per hour = $170. |
200
|
370
|
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
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 2023-21-06, Amendment 39-22578 (88
FR 76114, November 6, 2023; corrected December 7, 2023 (88 FR 85093));
and
b. Adding the following new airworthiness directive:
|