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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1717; Project Identifier MCAI-2023-00728-A;
Amendment 39-22578; AD 2023-21-06]
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 adopting a new airworthiness directive (AD)
for
certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This 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 AD requires 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 incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective December 11, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 11,
2023.
ADDRESSES:
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 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 the service information identified in this final rule,
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 in the AD docket at
regulations.gov under Docket No. FAA-2023-1717.
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 by adding an AD that would apply to certain serial-numbered
Embraer Model EMB-505 airplanes. The NPRM published in the Federal
Register on August 24, 2023 (88 FR 57907). The NPRM was prompted by AD
2023-05-03, effective June 2, 2023, issued by ANAC, which is the
aviation authority for Brazil (ANAC AD 2023-04-01) (also referred to as
the MCAI), to correct an unsafe condition for 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.
In the NPRM, the FAA proposed to require installing structural
reinforcements on certain monuments and replacing certain floor support
rivets, as specified in ANAC AD 2023-04-01. The FAA is issuing this AD
to address the unsafe condition.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1717.
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.
Related Service Information Under 1 CFR Part 51
ANAC AD 2023-05-03 specifies procedures for installing structural
reinforcements on certain monuments and replacing applicable 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 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 AD requires approval from either the Manager,
International Validation Branch, FAA; ANAC; or ANAC's authorized
Designee.
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 |
21.50 work-hours x
$85 per hour = $1,827.50 |
$1,600 |
$3,427.50 |
$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 |
$600 |
$1,747.50 |
$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 |
$2,000 |
$4,167.50 |
$37,507.50 (9 airplanes) |
| Airplane group 7-install structural
reinforcements |
19.50 work-hours x $85
per hour = $1,657.50 |
$1,600 |
$3,257.50 |
$16,287.50 (5 airplanes) |
| Airplane group 9-install
structural reinforcements |
13.50 work-hours x $85
per hour = $1,147.50 |
$1,600 |
$2,747.50 |
$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:
On-Condition Costs
|
Action
|
Labor cost
|
Parts cost
|
Cost per
product
|
| Inspect floor fasteners |
8.50 work-hours x $85 per hour
= $722.50 |
$50
|
$772.50
|
| Replace floor fasteners |
1 work-hour x $85 per hour =
$85 |
$50
|
$135
|
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
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:
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