[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Proposed Rules]
[Pages 44238-44240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15871]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8160; Directorate Identifier 2016-CE-019-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

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

[[Page 44239]]


ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Embraer S.A. Models EMB-500 and EMB-505 airplanes. This proposed AD 
results from mandatory continuing airworthiness information (MCAI) 
originated 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 incorrect installation of passenger seat 
attachment fittings. We are issuing this proposed AD to require actions 
to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by August 22, 2016.

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 proposed AD, contact 
Embraer--S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria 
Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP--12227-901, P.O. Box 
36/2, Brasil; phone: +55 12 3927 1000; fax: +55 12 3927-2619; email: 
[email protected]; Internet: http://www.embraer.com.br/en-US/Pages/home.aspx. You may review 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-2016-
8160; 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 proposed 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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-8160; 
Directorate Identifier 2016-CE-019-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued AD No.: 2016-05-
01, dated May 27, 2016 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for Embraer S.A. Models EMB-500 and EMB-505 
airplanes and was based on mandatory continuing airworthiness 
information originated by an aviation authority of another country. The 
MCAI states:

    There is the possibility that certain attachment fittings of 
passenger seats have been incorrectly installed. This AD results 
from a determination that the passenger seat on which the attachment 
fittings were improperly installed may not meet certain static 
strength, and dynamic strength criteria. Failure to meet static and 
dynamic strength criteria could result in injuries to the occupants 
during an emergency landing condition.
    This AD requires the inspection of each passenger seat for the 
correct installation of the attachment fittings and correction, if 
necessary.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-8160.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Service Bulletin (SB) No.: 500-25-0016; and 
Embraer S.A. SB No.: 505-25-0020, both dated December 8, 2015. The 
service information describes procedures for inspection of the 
passenger seat attachment fittings and correction to the fittings if 
necessary. 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 the ADDRESSES section of this 
NPRM.

FAA's Determination and Requirements of the Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Costs of Compliance

    We estimate that this proposed AD will affect 203 products of U.S. 
registry. We also estimate that it would take about 4 work-hours per 
product to comply with the basic requirements of this proposed AD. The 
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on 
U.S. operators to be $69,020, or $340 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours for a cost of $510 per product. We have no way 
of determining the number of products that may need these actions.
    According to the manufacturer, all of the costs of this proposed 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

[[Page 44240]]

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 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 
regulation:
    (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.

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

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:

Embraer S.A.: Docket No. FAA-2016-8160; Directorate Identifier 2016-
CE-019-AD.

(a) Comments Due Date

    We must receive comments by August 22, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to Embraer S.A. Model EMB-500 airplanes, 
serial numbers 50000322, 50000324 through 50000328, 50000330 through 
50000344, 50000346 through 50000350, and 50000353, certificated in 
any category; and Embraer S.A. Model EMB-505 airplanes, serial 
numbers 50500004 through 50500215, 50500217 through 50500245, 
50500247 through 50500255, 50500257 through 50500259, 50500261 
through 50500263, 50500265, and 50500267, certificated in any 
category.
    (2) The airplanes identified in paragraph (c)(1) of this AD had 
passenger seats installed at manufacturer as listed in Embraer S.A. 
Service Bulletin (SB) No.: 500-25-0016, dated December 8, 2015; or 
Embraer S.A. SB No.: 505-25-0020, dated December 8, 2015. Since 
these are line replaceable units and the unsafe condition of this AD 
was originated during manufacturing, any passenger seat replaced 
during routine maintenance is not affected by the actions of this 
AD.

(d) Subject

    Air Transport Association of America (ATA) Code 25: Equipment/
Furnishing.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness 
information (MCAI) originated 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 incorrect 
installation of passenger seat attachment fittings. We are issuing 
this proposed AD to detect and correct improperly installed seat 
attachment fittings, which could result in seat damage causing 
injury to occupants during an emergency landing condition.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (2) of this AD following the Accomplishment Instructions 
in Embraer S.A. Service Bulletin (SB) No.: 500-25-0016, dated 
December 8, 2015; or Embraer S.A. SB No.: 505-25-0020, dated 
December 8, 2015, as applicable:
    (1) Within the next 30 months after the effective date of this 
AD, inspect each applicable passenger seat for the correct 
installation of attachment fittings.
    (2) If any discrepancy is found during the inspection required 
in paragraph (f)(1) of this AD, before further flight, correct the 
discrepancy.

(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.

(h) Related Information

    Refer to MCAI Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD No.: 2016-05-01, dated May 27, 2016, for related 
information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-8160. For service information related to this AD, contact 
Embraer--S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria 
Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP--12227-901, P.O. 
Box 36/2, Brasil; phone: +55 12 3927 1000; fax: +55 12 3927-2619; 
email: [email protected]; Internet: http://www.embraer.com.br/en-US/Pages/home.aspx. You may review 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.

    Issued in Kansas City, Missouri, on June 28, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-15871 Filed 7-6-16; 8:45 am]
 BILLING CODE 4910-13-P