[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Proposed Rules]
[Pages 57172-57174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25888]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1119; Product Identifier 2017-CE-037-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

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 improperly tied castle nuts on the aileron, 
rudder, and elevator trim tab (or autotab) attachment bolts. 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 January 18, 
2018.

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, Policy and Innovation Division, 901 Locust, 
Kansas City, Missouri 64106. For information

[[Page 57173]]

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-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 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 Standards Branch, 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-2017-1119; 
Product Identifier 2017-CE-037-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.: 2017-11-
01, dated November 10, 2017 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for Embraer S.A. Models EMB-500 and EMB-
505 airplanes. 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.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2017-1119.

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 
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 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 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 $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 proposed 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, and domestic business jet transport 
airplanes to the Director of the Policy and Innovation Division.

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.

[[Page 57174]]

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-2017-1119; Product Identifier 2017-CE-
037-AD.

(a) Comments Due Date

    We must receive comments by January 18, 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 proposed 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 the 
effective date of this AD or within the next 12 months after 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.

(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) 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; PHENOM by Embraer Alert Service 
Bulletin (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, for related information. You may examine the MCAI 
on the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-1119. 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, 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.


    Issued in Kansas City, Missouri, on November 21, 2017.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification 
Service.
[FR Doc. 2017-25888 Filed 12-1-17; 8:45 am]
 BILLING CODE 4910-13-P


