[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Rules and Regulations]
[Pages 60325-60327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23555]



[[Page 60325]]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0740; Directorate Identifier 2014-CE-030-AD; 
Amendment 39-17978; AD 2014-20-05]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S. A. 
(EMBRAER) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for Empresa 
Brasileira de Aeronautica S. A. (EMBRAER) Models EMB-110P1 and EMB-
110P2 airplanes. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as corrosion 
and cracking on the rudder trim tab actuator terminal. We are issuing 
this AD to require actions to address the unsafe condition on these 
products.

DATES: This AD is effective October 27, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 27, 
2014.
    We must receive comments on this AD by November 21, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Embraer--
S.A., EFTC--Service Bulletin Engineering, Avenida Brigadeiro Faria 
Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP--12227-901, Brasil; 
phone: +55 12 3927 1000; fax: +55 12 3927-6600 (ext. 1624); email: 
[email protected]; internet: http://www.flyembraer.com. 
You may view this 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0740; 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 this AD, 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.

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; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued AD No.: 2014-09-
01, dated September 4, 2014 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for Empresa Brasileira de Aeronautica S. 
A. (EMBRAER) Models EMB-110P1 and EMB-110P2 airplanes. The MCAI states:

    This AD was prompted by a report of an in-service occurrence 
were an EMB-110 airplane performed a forced landing, due to a strong 
vibration felt by the pilots after the takeoff. The investigation 
determined that the cause of the vibration most likely resulted from 
a broken fork end on the rudder trim tab actuator that connects the 
trim tab to the trim tab actuator due to severe corrosion. We are 
issuing this AD to detect and correct corrosion and cracking on the 
rudder trim tab actuator terminal, which could cause the terminal to 
fail and result in loss of control of the airplane.
    Since this condition may exist in other airplanes of the same 
type and affects flight safety, an immediate corrective action is 
required. Thus, sufficient reason exists to request compliance with 
this AD in the indicated time limit without prior notice.

This AD requires inspection of the rudder trim tab actuator components 
to detect discrepancies and corrosion on the rudder trim tab actuator 
components and, if any discrepancy exists, repair before further flight 
is required. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0740.

Relevant Service Information

    Empresa Brasileira de Aeronautica S. A. (EMBRAER) has issued 
EMBRAER Alert Service Bulletin SB No.: 110-27-A095, dated August 21, 
2014. The actions described in this service information are intended to 
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
corrosion and cracking on the rudder trim tab actuator terminal could 
cause the terminal to fail and result in loss of control. Since this 
condition may exist in other airplanes of the same type and affects 
flight safety, an immediate corrective action is required. Therefore, 
we determined that notice and opportunity for public comment before 
issuing this AD are impracticable and that good cause exists for making 
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2014-0740; Directorate 
Identifier 2014-CE-030-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic,

[[Page 60326]]

environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this AD because of 
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this AD.

Costs of Compliance

    We estimate that this AD will affect 21 products of U.S. registry. 
We also estimate that it would take about 4.5 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts would cost about $50 per product.
    Based on these figures, we estimate the cost of the AD on U.S. 
operators to be $9,082.50, or $432.50 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 3 work-hours and require parts costing $485, for a cost of 
$740 per product. We have no way of determining the number of products 
that may need these actions.

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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

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:

2014-20-05 Empresa Brasileira de Aeronautica S. A. (EMBRAER): 
Amendment 39-17978; Docket No. FAA-2014-0740; Directorate Identifier 
2014-CE-030-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 27, 
2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Empresa Brasileira de Aeronautica S. A. 
(EMBRAER) Models EMB-110P1 and EMB-110P2 airplanes, all serial 
numbers, certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) issued by the aviation authority of another 
country to identify and correct an unsafe condition on an aviation 
product. The MCAI describes the unsafe condition as corrosion and 
cracking on the rudder trim tab actuator terminal. We are issuing 
this AD to detect and correct corrosion and cracking on the rudder 
trim tab actuator terminal, which could cause the terminal to fail 
and result in loss of control.

(f) Actions and Compliance

    Unless already done, do the actions in paragraphs (f)(1) through 
(f)(2) of this AD:
    (1) Within the next 10 hours time-in-service (TIS) after October 
27, 2014 (the effective date of this AD) or 15 days after October 
27, 2014 (the effective date of this AD), whichever occurs first, 
and repetitively thereafter at intervals not to exceed 60 months, do 
a detailed inspection to detect discrepancies and corrosion on the 
rudder trim tab actuator components. Follow the Accomplishment 
Instructions of Embraer Alert Service Bulletin (ASB) 110-27-A095, 
original issue, dated August 21, 2014.
    (2) If any discrepancy is found during any inspection required 
in paragraph (f)(1) of this AD, before further flight, repair or 
replace the discrepancy, as necessary, following Accomplishment 
Instructions of Embraer Alert Service Bulletin (ASB) 110-27-A095, 
original issue, dated August 21, 2014.

(g) Other FAA AD Provisions

    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; email: 
[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.

[[Page 60327]]

(h) Related Information

    Refer to MCAI Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD No.: 2014-09-01, dated September 4, 2014, for 
related information. You may examine the MCAI on the Internet at 
http://www.regulations.gov by searching for and locating Docket No. 
FAA-2014-0740.

(i) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) EMBRAER Alert Service Bulletin SB No.: 110-27-A095, dated 
August 21, 2014.
    (ii) Reserved.
    (3) For Empresa Brasileira de Aeronautica S. A. (EMBRAER) 
service information identified in this AD, contact Embraer-S.A., 
EFTC-Service Bulletin Engineering, Avenida Brigadeiro Faria Lima, 
2170, S[atilde]o Jos[eacute] dos Campos-SP-12227-901, Brasil; phone: 
+55 12 3927 1000; fax: +55 12 3927-6600 (ext. 1624); email: 
[email protected]; internet: http://www.flyembraer.com.
    (4) You may view this 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.
    (5) You may view this service information that is incorporated 
by reference 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/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri on September 24, 2014.
Monica L. Nemecek,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-23555 Filed 10-6-14; 8:45 am]
BILLING CODE 4910-13-P