DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1717; Project Identifier MCAI-2023-00728-A]
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: The FAA proposes to adopt a new airworthiness directive
for certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This
proposed AD was prompted by analysis of certain monuments (the right-
hand refreshment center and left-hand forward cabinet) that identified
the need for installing structural reinforcements and replacing certain
floor support rivets. This proposed AD would require installing
structural reinforcements on certain monuments and replacing certain
floor support rivets, as specified in an Agencia 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 NPRM by October 10,
ADDRESSES: You may send comments, using the procedures found in
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-2023-1717; 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 service information that is proposed for IBR in this
NPRM, 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: firstname.lastname@example.org; 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.
You may view this service information 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.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (816) 329-4165; email: email@example.com.
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-2023-1717; Project Identifier
MCAI-2023-00728-A'' 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 Jim
Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590. Any commentary that the FAA receives which is
not specifically designated as CBI will be placed in the public docket
for this rulemaking.
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2023-05-03, effective June 2, 2023 (ANAC AD 2023-05-03)
(referred to after this as ``the MCAI''), to correct an unsafe
condition on certain serial-numbered Embraer Model EMB-505 airplanes.
The MCAI states that analysis identified 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. To address this unsafe condition, the MCAI
specifies installing structural reinforcements on certain monuments and
replacing applicable floor support rivets.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1717.
Related Service Information Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023-05-03, which specifies procedures for
installing structural reinforcements on certain monuments and replacing
applicable fasteners on the floor support.
This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.
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 is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop on 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 2023-05-03 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD and
except as discussed under ``Differences Between this Proposed AD and
Differences Between This Proposed AD and the MCAI
The service information specified in ANAC AD 2023-05-03 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 proposed AD would require approval from either the
Manager, International Validation Branch, FAA; ANAC; or ANAC's
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 2023-05-03 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2023-05-03 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD and except as discussed under ``Differences Between
this Proposed AD and the MCAI.'' Service information required by ANAC
AD 2023-05-03 for compliance will be available at regulations.gov under
Docket No. FAA-2023-1717 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 208 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
||Cost per product
||Cost on U.S. operators
|Airplane groups 1 and 2-install
||21.50 work-hours x $85
per hour = $1,827.50
||$239,925 (70 airplanes)
|Airplane groups 3, 4, 5, and
10-install structural reinforcements and replace floor fasteners
||13.50 work-hours x $85
per hour = $1,147.50
||$214,942.50 (123 airplanes)
|Airplane groups 6 and 8-install
structural reinforcements and replace floor fasteners
||25.50 work-hours x $85
per hour = $2,167.50
||$37,507.50 (9 airplanes)
|Airplane group 7-install structural
||19.50 work-hours x $85 per
hour = $1,657.50
||$16,287.50 (5 airplanes)
|Airplane group 9-install structural
|| 13.50 work-hours x $85 per
hour = $1,147.50
||$2,747.50 (1 airplane)
The FAA estimates the following costs
for operators that did the
actions in the original version of Embraer Service Bulletin SB505-25-
0046, dated March 31, 2021. The agency has no way of determining the
number of airplanes that might need these actions:
|Inspect floor fasteners
||8.50 work-hours x $85 per hour
|Replace floor fasteners
||1 work-hour x $85 per hour =
The FAA has included all known costs
in its cost estimate.
According to the manufacturer, however, all of the costs of this
proposed 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.
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
(1) Is not a ``significant regulatory action'' under Executive
(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
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 adding the following new airworthiness