[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Rules and Regulations]
[Pages 15313-15315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06821]



[[Page 15313]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1119; Product Identifier 2017-CE-037-AD; Amendment 
39-19241; AD 2018-07-10]
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 improperly tied castle nuts on the aileron, rudder, and 
elevator trim tab (or autotab) attachment bolts. We are issuing this AD 
to require actions to address the unsafe condition on these products.

DATES: This AD is effective May 15, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 15, 2018.

ADDRESSES: You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1119; or in person at Docket Operations, 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, Policy and Innovation Division, 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-2017-1119.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Standards Branch, 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 December 4, 2017 (82 FR 57172). 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:

    This [ANAC] AD results of a report of one airplane having 
improperly tied castle nut on the aileron, rudder and elevator trim 
tab (or autotab) attachment bolts. A disconnected surface may cause 
an increase in dynamic loads and probable flutter, which may cause 
structural failure and possible loss of control of the airplane.
    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 
[ANAC] AD in the indicated time limit without prior notice.

The MCAI can be found in the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2017-1119-0002.

Comments

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

Request To Withdraw NPRM

    Eduardo Cerdeira and Ricardo Hollerbach, both from Embraer S.A., 
commented that all of the affected airplanes have been inspected with 
no faults found; therefore, there is no need for the proposed AD. They 
state that, since the issuance of the original versions of the service 
information for the two affected fleets, Embraer S.A. has been in 
direct contact with all the applicable operators in the world to 
encourage them to accomplish the required inspections as soon as 
possible. Since the start of the inspections, the commenters state that 
the completion status has been provided to the FAA, as well as the 
aviation authorities of Europe (EASA), and Brazil (ANAC). As of 
December 6, 2017, they stated that all affected airplanes, as defined 
in the current service information, have been inspected with no faults 
found. Finally, the commenters provided tables showing each of the 
affected airplane serial numbers and the date on which the applicable 
service information was accomplished.
    We don't agree with this comment. The FAA contacted Embraer. S.A. 
to obtain records to show that all airplanes were in compliance with 
the actions in this AD. Embraer S.A. informed the FAA that they were 
unable to provide such information. While the FAA appreciates the 
effort that the commenters went to in order to assure that the unsafe 
condition was addressed on the affected airplanes, our policy of not 
accepting assurance from a design approval holder that all products are 
in compliance as a reason to not issue an AD action requires us to move 
forward with the issuance of the final rule AD. Please note that the 
Action and Compliance paragraph within the FAA AD begins with the 
phrase ``unless already done'', which may apply in this case.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed except for 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.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued PHENOM by Embraer Alert Service Bulletin 
500-27-A026, Revision 1, dated October 6, 2017; and PHENOM by Embraer 
Alert Service Bulletin 505-27-A028, Revision 2, dated October 6, 2017. 
For the applicable models, the service information describes procedures 
for inspection of the aileron trim tab, rudder trim tab, and elevator 
trim tab, and, if required, application of torque and installation of a 
cotter pin. 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 
AD.

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Costs of Compliance

    We estimate that this AD will affect 114 products of U.S. registry. 
We also estimate that it would take about 1 work-hour 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 $9,690, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 3 work-hours and require parts costing $50, for a cost of 
$305 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.
    This AD is issued in accordance with authority delegated by the 
Executive Director, Aircraft Certification Service, as authorized by 
FAA Order 8000.51C. In accordance with that order, issuance of ADs is 
normally a function of the Compliance and Airworthiness Division, but 
during this transition period, the Executive Director has delegated the 
authority to issue ADs applicable to small airplanes, gliders, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

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-2017-
1119; 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:

2018-07-10 Embraer S.A.: Amendment 39-19241; Docket No. FAA-2017-
1119; Product Identifier 2017-CE-037-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 15, 
2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Models EMB-500 and EMB-505 
airplanes, serial numbers 50000246, 50000267, 50000286, 50000289, 
50000291, 50000299, 50000304, 50000305, 50000306, 50000310, 
50000348, 50000359, 50000368, 50000370, 50000372, 50000376, 
50000377, 50000378, 50000379, 50000380, 50500118, 50500122, 
50500148, 50500151, 50500167, 50500176, 50500179, 50500185, 
50500188, 50500191, 50500197, 50500203, 50500207, 50500209, 
50500212, 50500214, 50500215, 50500219, 50500225, 50500226, 
50500231, 50500242, 50500244, 50500246, 50500248, 50500250, 
50500256, 50500260, 50500266, 50500273, 50500275, 50500277, 
50500280, 50500282, 50500285, 50500287, 50500288, 50500289, 
50500292, 50500293, 50500294, 50500296, 50500297, 50500298, 
50500300, 50500302, 50500304, 50500306, 50500309, 50500311, 
50500317, 50500318, 50500323, 50500328, 50500331, 50500333, 
50500335, 50500338, 50500340, 50500344, 50500345, 50500348, 
50500351, 50500357, 50500361, 50500362, 50500363, 50500364, 
50500365, 50500367, 50500368, 50500371, 50500372, 50500379, 
50500381, 50500382, 50500385, 50500386, 50500390, 50500391, 
50500394, 50500395, 50500397, 50500398, 50500399, 50500400, 
50500402, 50500403, 50500404, 50500407, 50500410, 50500415, 
50500418, and 50500424, 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) 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 improperly tied 
castle nuts on the aileron, rudder and elevator trim tab (or 
autotab) attachment bolts. We are issuing this AD to inspect the 
aileron trim tab, rudder trim tab and elevator trim tab (or 
autotab), and correct any discrepancy, which if not corrected, may 
cause an increase in dynamic loads and possible flutter, leading to 
structural failure and loss of control.

(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 PHENOM by Embraer Alert Service Bulletin (SB) No.: 500-27-A026, 
Revision 1, dated October 6, 2017; or PHENOM by Embraer Alert SB 
No.: 505-27-A028, Revision 2, dated October 6, 2017, as applicable:
    (1) Within the next 25 hours time in service (TIS) after May 15, 
2018 (the effective date of this AD) or within the next 12 months 
after May 15, 2018 (the effective date of this AD), whichever occurs 
first, inspect the aileron trim tab, rudder trim tab, and elevator 
trim tab attachment points to make sure the cotter pin is installed 
on the castle nut of the attaching bolts.
    (2) If any discrepancy is found during the inspection required 
in paragraph (f)(1) of this AD, before further flight, correct the 
discrepancy.

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(g) Credit for Actions Accomplished in Accordance With Previous Service 
Information

    This AD allows credit for the actions required in paragraph (f) 
of this AD if done before the effective date of this AD following 
PHENOM by Embraer Alert SB No. 500-27-A026, original issue, dated 
September 29, 2017; PHENOM by Embraer Alert SB No. 505-27-A028, 
original issue, dated September 28, 2017; or PHENOM by Embraer Alert 
SB 505-27-A028, Revision 01, dated September 29, 2017; as 
applicable.

(h) No Reporting Requirement

    Although PHENOM by Embraer Alert SB No.: 500-27-A026, Revision 
1, dated October 6, 2017; and PHENOM by Embraer Alert SB No.: 505-
27-A028, Revision 2, dated October 6, 2017; specify to submit 
certain information to the manufacturer, this AD does not require 
that action.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Small Airplane Standards Branch, 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 Standards Branch, 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, Small Airplane 
Standards Branch, FAA; or Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority 
for Brazil.

(j) Related Information

    Refer to MCAI Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), which is the aviation authority for Brazil, AD No.: 
2017-11-01, dated November 10, 2017. You may examine the MCAI on the 
internet at: https://www.regulations.gov/document?D=FAA-2017-1119-0002.

(k) 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) PHENOM by Embraer Alert Service Bulletin No.: 500-27-A026, 
Revision 1, dated October 6, 2017.
    (ii) PHENOM by Embraer Alert Service Bulletin No.: 505-27-A028, 
Revision 2, dated October 6, 2017.
    (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, Policy and 
Innovation Division, 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-2017-1119.
    (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 March 28, 2018.
William Schinstock,
Acting Deputy Director, Policy & Innovation Division, Aircraft 
Certification Service.
[FR Doc. 2018-06821 Filed 4-9-18; 8:45 am]
 BILLING CODE 4910-13-P