[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74669-74671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25660]



[[Page 74669]]

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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; 
Amendment 39-18691; AD 2016-22-02]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. 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 Embraer 
S.A. Models EMB-500 and 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 incorrect installation of passenger seat attachment 
fittings. We are issuing this AD to correct the unsafe condition on 
these products.

DATES: This AD is effective December 1, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of December 1, 
2016.

ADDRESSES: 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 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, 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 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. It is also available on the Internet at 
http://www.regulations.gov by searching for Docket No. FAA-2016-8160.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to Embraer S.A. Models EMB-500 
and EMB-505 airplanes. The NPRM was published in the Federal Register 
on July 7, 2016 (81 FR 44238). The NPRM proposed to correct an unsafe 
condition for the specified products and was based on mandatory 
continuing airworthiness information (MCAI) 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.

The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2016-8160-0001.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Withdraw the Proposed AD and Replace With SAIB

    Embraer S.A requested that the FAA withdraw this AD stating there 
is no data available considering the real seat dynamic strength if the 
fittings were not assembled in the correct way, as this wrong 
configuration was never tested during the seat certification process. 
The commenter stated that assuming the possible uncorrected seat 
fittings were installed, the unsafe condition would require a 
survivable crash landing to exist. Due to lack of better data and 
considering a total of six (6) hull losses in the fleet as being 
survivable crash landings, then the current fleet probability of a 
crash landing would be 1,15 X 10-5. Based on this consideration, 
Embraer understood that the probability of an unsafe condition would be 
extremely remote, therefore not justifying the issuance of an AD as per 
14 CFR part 39 requirements.
    The commenter suggested that the issuance of a special 
airworthiness information bulletin (SAIB) would be more appropriate for 
a possible improper installation because, per FAA definition, the 
``Special Airworthiness Information Bulletin (SAIB) is an information 
tool that alerts, educates, and makes recommendations to the aviation 
community. SAIBs contain non-regulatory information and guidance that 
does not meet the criteria for an AD.''
    We don't agree because as part of the investigation into the 
Embraer request, the FAA contacted the Brazilian Airworthiness 
Authority, ANAC, to get their input as the certifying authority and 
originator of the original mandatory continuing airworthiness 
information (MCAI). ANAC reported that they had received similar 
comments from Embraer and had decided to go ahead and issue their AD. 
They justified this decision because there is no data indicating that a 
seat installation on which the aluminum and steel fittings have been 
switched would meet the static and dynamic criteria. They also reasoned 
that the seat assembly criteria for the current requirements are to 
provide a specific level of safety to the occupants in case of impact. 
Therefore, they disagreed with removing these safety features just 
because they would only be used in a crash landing event. After review 
of the Embraer request and the related comments from ANAC, the FAA has 
decided that we agree with ANAC and will not withdraw our proposed AD 
for this unsafe condition.

Request To Change Wording for Passenger Seat

    Justin Collins requested that the FAA make changes to the wording 
of the proposed AD Applicability, paragraph (c)(2), which excludes 
``any passenger seat replaced during routine maintenance.'' The 
commenter believes that a more appropriate phrase would be ``any 
passenger seat removed and reinstalled'' or ``any passenger seat that 
has been installed.''
    The commenter states that the word `replaced' in the proposed AD 
infers a different part has been installed.
    We don't agree with adding the concept of `reinstallation' to the 
final rule. If the unsafe condition exists on the aircraft, it is 
possible that this seat could be removed and reinstalled without the 
fitting installation being corrected and thus still have the unsafe

[[Page 74670]]

condition. The Embraer S.A. Service Bulletin (SB) No. 500-25-0016, 
dated December 8, 2015, states in paragraph 1.A., that ``This 
effectivity list includes the aircraft originally equipped with the 
affected component. Since this component is a ``Line Replaceable Unit'' 
(LRU), it may be necessary to refer to the fleet maintenance control 
record and verify whether the unit has been replaced with another one 
during routine maintenance.'' The other referenced Embraer SB for the 
Model EMB-505 has a similar note. The point is that the unsafe 
condition originated during the manufacturing process of the seat 
assembly. If an affected seat is replaced with a different seat during 
subsequent maintenance, then the unsafe condition is no longer a factor 
as the new seat should be assembled according to correct instructions. 
For this reason, the FAA will not add the word `reinstall' to the final 
rule based on this comment. However, in order to better reflect the 
wording in the service information, we will add the words ``with 
another one'' after the word ``replaced'' and before the phrase 
``during routine maintenance.''

Conclusion

    We reviewed the relevant data, considered the comments received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Embraer S.A. Service Bulletin (SB) No.: 500-25-0016, 
dated December 8, 2015; and Embraer S.A. SB No.: 505-25-0020, dated 
December 8, 2015. The service information describes procedures for 
inspection of the passenger seat attachment fittings and correction to 
the fittings if necessary on the applicable airplane models. 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 the AD.

Costs of Compliance

    We estimate that this 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 AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of this 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 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 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.

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 the NPRM, 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:

2016-22-02 Embraer S.A.: Amendment 39-18691; Docket No. FAA-2016-
8160; Directorate Identifier 2016-CE-019-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 1, 
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.

[[Page 74671]]

    (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 
with another one 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 December 1, 2016 (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 following the applicable service information or using 
FAA-approved procedures.

(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, only 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 in the AD docket on the 
Internet at: https://www.regulations.gov/document?D=FAA-2016-8160-0001.

(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 S.A. Service Bulletin (SB) No.: 500-25-0016, dated 
December 8, 2015.
    (ii) Embraer S.A. SB No.: 505-25-0020, dated December 8, 2015.
    (3) For Embraer S.A. service information identified in 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.
    (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. In addition, you can access this service information 
on the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2016-8160.
    (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 October 17, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-25660 Filed 10-26-16; 8:45 am]
 BILLING CODE 4910-13-P