[Federal Register Volume 88, Number 222 (Monday, November 20, 2023)]
[Rules and Regulations]
[Pages 80565-80567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25525]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1504; Project Identifier MCAI-2023-00473-A; 
Amendment 39-22595; AD 2023-22-11]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This AD was 
prompted by an occurrence of corrosion on the clutch retaining bolt of 
the aileron autopilot servo mount. This AD requires repetitively 
replacing the clutch retaining bolt and washer of the aileron autopilot 
servo mount, as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective December 26, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 26, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No.FAA-2023-1504; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For service information identified in this final rule, 
contact ANAC, Continuing Airworthiness Technical Branch (GTAC), Rua 
Doutor Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre 
B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; phone: 55 (12) 3203-
6600; email: anac.gov.br">pac@anac.gov.br; website: anac.gov.br/en/. You may find 
this material on the ANAC website at sistemas.anac.gov.br/certificacao/
DA/DAE.asp.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110. It is also available at regulations.gov under 
Docket No. FAA-2023-1504.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4165; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain serial-numbered 
Embraer Model EMB-505 airplanes. The NPRM published in the Federal 
Register on July 21, 2023 (88 FR 47092). The NPRM was prompted by AD 
2023-02-01R1, effective March 14, 2023 (ANAC AD 2023-02-01R1) (also 
referred to as the MCAI), issued by ANAC, which is the aviation 
authority for Brazil. The MCAI states that an occurrence of corrosion 
was found on the clutch retaining bolt of the aileron autopilot servo 
mount. This condition could result in failure of the clutch retaining 
bolt of the aileron autopilot servo mount, which could disengage the 
clutch from the drive pin and jam the aileron controls, resulting in 
reduced controllability of the airplane.
    In the NPRM, the FAA proposed to require repetitively replacing the 
clutch retaining bolt and washer of the aileron autopilot servo mount, 
as specified in ANAC AD 2023-02-01R1. The FAA is issuing this AD to 
address the unsafe condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1504.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Embraer and NetJets. The following 
presents the comments received on the NPRM and the FAA's response to 
each comment.

Request To Revise Exceptions in Paragraph (h)(3)

    Embraer requested that paragraph (h)(3) of the proposed AD, 
``Exceptions to ANAC AD 2023-02-01R1'', be revised to state ``. . . 
this AD requires compliance with the most restrictive criteria for each 
applicability range (in months and flight hours) in Table 01 of ANAC AD 
2023-02-01R1.'' The commenter explained that this change would clarify 
the language within this exception so that operators would know that 
not all affected aircraft would have to perform the task within the 
most restrictive criteria of within 3 months or 50 flight hours.
    The FAA agrees with the commenter's request and revised paragraph 
(h)(3) of this AD accordingly.

Request To Add a Credit for Previous Actions Paragraph

    NetJets requested that a credit for previous actions paragraph be 
added to the proposed AD, similar to paragraph (c) of ANAC AD 2023-02-
01R1. The commenter explained that this change would allow operators to 
sign off the compliance to the FAA AD using Embraer Service Bulletin 
SB505-22-0004, Revision 01, dated September 23, 2022 (Embraer SB505-22-
0004, Revision 01); Revision 02, dated September 30, 2022 (Embraer 
SB505-22-0004, Revision 02); or Revision 03, dated October 10, 2022 
(Embraer SB505-22-0004, Revision 03).
    The FAA disagrees with the commenter's request. This AD already 
implicitly provides credit for certain actions completed prior to the 
effective date of this AD. Paragraph (g) of this AD requires operators 
to comply with all required actions and compliance times specified in 
ANAC AD 2023-02-01R1, except as specified in paragraphs (h) and (i) of 
this AD. Paragraph (h) of this AD is ``Exceptions to ANAC AD 2023-02-
01R1'' and paragraph (i) of this AD is ``No Reporting Requirement.'' 
Paragraph (h) of this AD does not include an exception to paragraph (c) 
of ANAC AD 2023-02-01R1, which is identified as ``Credit for previous 
actions.'' Paragraph (c) of ANAC AD 2023-02-01R1 provides credit for 
replacement of the aileron autopilot servo mount clutch retaining bolt 
and washer using Embraer Service Bulletin SB505-22-0004, dated 
September 22, 2023; Embraer SB505-22-0004, Revision 01; Embraer SB505-
22-0004, Revision 02; or Embraer SB505-22-0004, Revision 03. Because 
this AD does not include an exception to paragraph

[[Page 80566]]

(c) of ANAC AD 2023-02-01R1, it allows operators to take credit for 
actions done prior to the effective date of this AD using revisions of 
Embraer SB505-22-0004 that are earlier than Revision 04, dated January 
6, 2023, as provided by paragraph (c) of ANAC AD 2023-02-01R1; 
therefore, there is no need to revise this AD per the commenter's 
request.
    The FAA has not changed this AD regarding this issue.

Conclusion

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI referenced above. The FAA reviewed the relevant data, 
considered the comments received, and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. Except for 
minor editorial changes and any changes described previously, this AD 
is adopted as proposed in the NPRM. None of the changes increase the 
economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2023-02-01R1 specifies procedures for replacing the clutch 
retaining bolt and washer of the aileron autopilot servo mount.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in ADDRESSES.

Costs of Compliance

    The FAA estimates that this AD affects 505 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost     Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Replace bolt and washer..........  1 work-hour x $85             $50   $135 per replacement  $68,175 per
                                    per hour = $85.                     interval.             replacement
                                                                                              interval.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, all of the costs associated 
with the initial bolt and washer replacement may be covered under 
warranty.

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.
    The FAA is 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

    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) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

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

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 airworthiness 
directive:

2023-22-11 Embraer S.A.: Amendment 39-22595; Docket No. FAA-2023-
1504; Project Identifier MCAI-2023-00473-A.

(a) Effective Date

    This airworthiness directive (AD) is effective December 26, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-505 airplanes, as 
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD 2023-02-01R1, effective March 14, 2023 (ANAC AD 2023-02-
01R1), certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2215, Autopilot Main 
Servo.

(e) Unsafe Condition

    This AD was prompted by an occurrence of corrosion on the clutch 
retaining bolt of the aileron autopilot servo mount. The FAA is 
issuing this AD to address the corrosion in the clutch retaining 
bolt of the aileron autopilot servo mount. The unsafe condition, if 
not addressed, could result in failure of the clutch retaining bolt 
of the aileron autopilot servo mount, which could disengage the 
clutch from the drive pin and jam the aileron controls, resulting in 
reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Required Actions

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, ANAC AD 2023-02-01R1.

(h) Exceptions to ANAC AD 2023-02-01R1

    (1) Where ANAC AD 2023-02-01R1 refers to February 6, 2023, the 
effective date of ANAC AD 2023-02-01, this AD requires using the 
effective date of this AD.

[[Page 80567]]

    (2) Where ANAC AD 2023-02-01R1 requires replacing a part with a 
new part, for the purposes of this AD, ``new'' means zero flight 
hours.
    (3) Where the ``NOTE'' to Table 01 in ANAC AD 2023-02-01R1 
specifies ``If the airplane operation age and/or the flight hours 
criteria change before the SB accomplishment, the most restrictive 
criteria must be obeyed,'' this AD requires complying with the most 
restrictive criteria for each applicability range (in months and 
flight hours) in Table 01 of ANAC AD 2023-02-01R1.
    (4) This AD does not adopt paragraph (d) of ANAC AD 2023-02-
01R1.

(i) No Reporting Requirement

    Although the service information referenced in ANAC AD 2023-02-
01R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (k) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local Flight Standards District Office/
certificate holding district office.

(k) Additional Information

    For more information about this AD, contact Jim Rutherford, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4165; email: 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-02-01R1, effective March 14, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-02-01R1, contact ANAC, Continuing 
Airworthiness Technical Branch (GTAC), Rua Doutor Orlando Feirabend 
Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18, 
Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] 
dos Campos--SP, Brazil; phone: 55 (12) 3203-6600; email: 
anac.gov.br">pac@anac.gov.br; website: anac.gov.br/en/. You may find this 
material on the ANAC website at sistemas.anac.gov.br/certificacao/
DA/DAE.asp.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material 
at the FAA, call (817) 222-5110.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on October 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-25525 Filed 11-17-23; 8:45 am]
BILLING CODE 4910-13-P