[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Rules and Regulations]
[Pages 59240-59241]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23768]



[[Page 59240]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0713; Directorate Identifier 2011-CE-023-AD; 
Amendment 39-16810; AD 2011-20-01]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de 
Aeron[aacute]utica S.A. (EMBRAER) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for Empresa 
Brasileira de Aeron[aacute]utica S.A. (EMBRAER) Model EMB-505 
airplanes. This AD results from mandatory continuing airworthiness 
information (MCAI) issued by an aviation authority of another country 
to identify and correct an unsafe condition on an aviation product. The 
MCAI describes the unsafe condition as:

    It has been found the possibility of free-play between the mass 
balance weight and the elevator structure. This condition if not 
corrected could lead to elevator flutter and possible loss of 
airplane control.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective October 31, 2011.
    On October 31, 2011, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590.
    For service information identified in this AD, contact EMBRAER 
S.A., Phenom Maintenance Support, Av. Brig. Faria Lima, 2170, Sao Jose 
dos Campos-SP, CEP: 12227-901--PO Box: 36/2, Brasil; telephone: ++55 12 
3927-5383; fax: ++55 12 3927-2619; E-mail: 
[email protected]; Internet: http://www.embraer.com.br. 
You may review copies of the referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, call 
(816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on July 8, 2011 (76 FR 
40286). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found the possibility of free-play between the mass 
balance weight and the elevator structure. This condition if not 
corrected could lead to elevator flutter and possible loss of 
airplane control.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action is required. 
Thus, sufficient reason exists to request compliance with this AD in 
the indicated time limit.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (76 FR 40286, July 8, 
2011) or on the determination of the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 8 products of U.S. registry. 
We also estimate that it will take about 38 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will cost about $3,490 per 
product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $53,760, or $6,720 per product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our 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.
    We are 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

    We 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD Docket.

[[Page 59241]]

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM (76 FR 40286, July 8, 2011), 
the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Office (telephone (800) 
647-5527) is in the ADDRESSES section. Comments will be available in 
the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-20-01 Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER): 
Amendment 39-16810; Docket No. FAA-2011-0713; Directorate Identifier 
2011-CE-023-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
31, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeron[aacute]utica 
S.A. (EMBRAER) Model EMB-505 airplanes, all serial numbers (SN) 
through 50500023, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight 
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    It has been found the possibility of free-play between the mass 
balance weight and the elevator structure. This condition if not 
corrected could lead to elevator flutter and possible loss of 
airplane control.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action is required. 
Thus, sufficient reason exists to request compliance with this AD in 
the indicated time limit.

The MCAI requires replacement of the bolts that attach the balance 
mass weights to the elevator structure.

Actions and Compliance

    (f) Unless already done, within 12 calendar months after October 
31, 2011 (the effective date of this AD), replace the bolts that 
attach the balance mass weights to the elevator structure following 
EMBRAER S.A. Phenom Service Bulletin No.: 505-55-0002, dated January 
14, 2011.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information 
as follows: The MCAI applies to SN 50500004 through 50500023. This 
AD applies to all SN through 50500023.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; fax: (816) 329-4090; e-mail: 
[email protected]. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

Related Information

    (h) Refer to MCAI Ag[ecirc]ncia Nacional De 
Avia[ccedil][atilde]o Civil--Brazil (ANAC) AD No.: 2011-05-05, 
effective date June 16, 2011; and EMBRAER S.A. Phenom Service 
Bulletin No.: 505-55-0002, dated January 14, 2011, for related 
information. For service information related to this AD, contact 
EMBRAER S.A., Phenom Maintenance Support, Av. Brig. Faria Lima, 
2170, Sao Jose dos Campos--SP, CEP: 12227-901--PO Box: 36/2, Brasil; 
telephone: ++55 12 3927-5383; fax: ++55 12 3927-2619; E-mail: 
[email protected]; Internet: http://www.embraer.com.br. You may review copies of the referenced service 
information at the FAA, Small Airplane Directorate, 901 Locust, 
Kansas City, Missouri 64106. For information on the availability of 
this material at the FAA, call (816) 329-4148.

Material Incorporated by Reference

    (i) You must use EMBRAER S.A. Phenom Service Bulletin No.: 505-
55-0002, dated January 14, 2011, to do the actions required by this 
AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
EMBRAER S.A., Phenom Maintenance Support, Av. Brig. Faria Lima, 
2170, Sao Jose dos Campos--SP, CEP: 12227-901--PO Box: 36/2, Brasil; 
telephone: ++55 12 3927-5383; fax: ++55 12 3927-2619; E-mail: 
[email protected]; Internet: http://www.embraer.com.br.
    (3) You may review copies of the referenced service information 
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, 
Missouri 64106. For information on the availability of this material 
at the FAA, call (816) 329-4148.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on September 12, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-23768 Filed 9-23-11; 8:45 am]
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