[Federal Register Volume 85, Number 116 (Tuesday, June 16, 2020)]
[Rules and Regulations]
[Pages 36312-36318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12880]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0466; Project Identifier MCAI-2020-00504-A; 
Amendment 39-21143; AD 2020-12-08]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. (Type Certificate 
Previously Held by Empresa Brasileira de Aeron[aacute]utica S.A.) 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding airworthiness directive (AD) 2011-20-01 
for certain Empresa Brasileira de Aeron[aacute]utica S.A. (now Embraer 
S.A.) Model EMB-505 airplanes. AD 2011-20-01 required replacing the 
bolts that attach the balance mass weights to the elevator structure. 
This AD requires inspections of the mass-balance weights of the 
elevators, ailerons, and rudder (flight control surfaces) and their 
attachment parts and corrective actions if necessary, and revising the 
airworthiness limitation section of the existing maintenance manual or 
instructions for continued airworthiness to incorporate new 
airworthiness limitations. This AD also adds airplanes to the 
applicability. This AD was prompted by reports of corrosion in the 
mass-balance weights of the flight control surfaces, and a 
determination that new airworthiness limitations are necessary. The FAA 
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 1, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 1, 
2020.
    The FAA must receive any comments on this AD by July 31, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.

[[Page 36313]]

     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 AD, contact Phenom 
Maintenance Support, Avenida Brigadeiro Faria Lima, 2170, P.O. Box 36/
2, S[atilde]o Jos[eacute] dos Campos, 12227-901, Brazil; phone: +55 12 
3927 1000; email: phenom.reliability@embraer.com.br; website: https://www.embraer.com.br/en-US/Pages/home.aspx. You may view this service 
information at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 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 https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0466.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0466; 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 AD, the mandatory continuing airworthiness information (MCAI), any 
comments received, and other information. The street address for Docket 
Operations is listed above. Comments will be available in the AD docket 
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
Small Airplane Standards Branch, FAA, 901 Locust, Room 301, Kansas 
City, Missouri 64106; phone: (816) 329-4165; fax: (816) 329-4090; 
email: jim.rutherford@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued AD 2011-20-01, Amendment 39-16810 (76 FR 59240, 
September 26, 2011) (``AD 2011-20-01''), for certain serial-numbered 
Empresa Brasileira de Aeron[aacute]utica S.A. (now Embraer S.A.) Model 
EMB-505 airplanes. AD 2011-20-01 required replacing the bolts that 
attach the balance mass weights to the elevator structure. AD 2011-20-
01 resulted from a determination that there was a possibility of 
freeplay between the mass-balance weight and the elevator structure. AD 
2011-20-01 was prompted by MCAI issued by the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for 
Brazil. The FAA issued AD 2011-20-01 to address this condition which, 
if not corrected, could lead to elevator flutter and loss of airplane 
control.

Actions Since AD 2011-20-01 Was Issued

    Since the FAA issued AD 2011-20-01, there have been reports of 
corrosion in the mass-balance weights of the flight control surfaces. 
The FAA has determined that new airworthiness limitations are necessary 
for all Embraer S.A. Model EMB-505 airplanes.
    The ANAC has issued Brazilian Emergency AD No. 2020-01-01, dated 
January 9, 2020 (referred to after this as ``the MCAI''), to address 
the unsafe condition on all Embraer S.A. Model EMB-505 airplanes. The 
MCAI states:

    It has been found the occurrence of corrosion in the mass-
balance weights of the control surfaces. The corrosion may lead to 
loss of mass or the detachment of the mass-balance weights, 
resulting in an unbalanced control surface, which, in conjunction 
with certain flight conditions, could lead to flutter and possible 
loss of airplane control.

    You may obtain further information by examining the MCAI in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2020-0466.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Embraer Alert Service Bulletin SB505-55-A004, 
Revision 5, dated December 12, 2019. The service information applies to 
certain serial-numbered Model EMB-505 airplanes and contains procedures 
for inspecting the mass-balance weights of the elevators, ailerons, and 
rudders (flight control surfaces) and their respective attachment parts 
for corrosion and fragmentation, and corrective actions. Corrective 
actions include installation of a stainless steel mass-balance, 
replacement of the mass-balance, and replacement of attachment parts. 
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.

Other Related Service Information

    Embraer has issued Embraer Alert Service Bulletin SB505-55-A004, 
Revision 2, dated November 6, 2019; Embraer Alert Service Bulletin 
SB505-55-A004, Revision 3, dated November 13, 2019; Embraer Alert 
Service Bulletin SB505-55-A004, Revision 4, dated November 21, 2019. 
The actions specified in these service bulletins are the same as those 
specified in Embraer Alert Service Bulletin SB505-55-A004, Revision 5, 
dated December 12, 2019; however, revision 5 was issued to add serial-
numbered airplanes to the applicability.

FAA's Determination

    This product has been approved by the aviation authority of Brazil, 
and is approved for operation in the United States. Pursuant to our 
bilateral agreement with Brazil, it has notified the FAA of the unsafe 
condition described in the MCAI and service information referenced 
above. The FAA is issuing this AD because the agency evaluated all the 
relevant information provided by ANAC and determined the unsafe 
condition described previously exists and is likely to exist or develop 
in other products of the same type design.

AD Requirements

    For certain serial-numbered airplanes, this AD requires 
accomplishing the actions specified in the service information 
described previously, except as specified in ``Differences Between this 
AD and the Service Information.'' This AD also requires sending certain 
inspection results to Embraer. For all Model EMB-505 airplanes, this AD 
requires revising the airworthiness limitations section of the existing 
maintenance manual or instructions for continued airworthiness to 
incorporate new airworthiness limitations.
    Compliance with the airworthiness limitations section is required 
by 14 CFR 91.403(c). If an airplane has been previously modified, 
altered, or repaired in the areas addressed by this AD, and an operator 
is unable to accomplish the actions described in the revisions to 
comply with 14 CFR 91.403(c), the operator must request approval for an 
alternative method of compliance using the procedures in paragraph 
(n)(1) of this AD.

Differences Between This AD and the Service Information

    Embraer Alert Service Bulletin SB505-55-A004, Revision 5, dated 
December 12, 2019, contains procedures for inspecting for the integrity 
of the

[[Page 36314]]

mass-balance weights of the elevators, ailerons, and rudder (flight 
control surfaces) and their attachment parts. This AD does not include 
that requirement.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because of 
reports of corrosion in the mass-balance weights of the flight control 
surfaces, which may lead to loss of mass or the detachment of the mass-
balance weights, resulting in an unbalanced control surface, which, 
could lead to flutter and possible loss of airplane control. 
Additionally, the compliance time for the required action is shorter 
than the time necessary for the public to comment and for publication 
of the final rule. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are impracticable. In addition, 
for the reasons stated above, the FAA finds that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not provide you with notice and an opportunity 
to provide your comments before it becomes effective. However, the FAA 
invites you to send any written data, views, or arguments about this 
final rule. Send your comments to an address listed under the ADDRESSES 
section. Include the docket number FAA-2020-0466 and project identifier 
MCAI-2020-00504-A at the beginning of your comments. The FAA 
specifically invites comments on the overall regulatory, economic, 
environmental, and energy aspects of this final rule. The FAA will 
consider all comments received by the closing date and may amend this 
final rule because of those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this final rule.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 376 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspections........................  9 work-hours x $85 per hour            $100            $865        $325,240
                                      = $765.
ALS revision.......................  1 work hour x 85 per hour =               0              85          31,960
                                      $85.
Reporting..........................  1 work hour x 85 per hour =               0              85          31,960
                                      $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary 
installations or replacements that would be required based on the 
results of the inspection. The FAA has no way of determining the number 
of aircraft that might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
             Action                     Labor cost                Parts cost               Cost per product
----------------------------------------------------------------------------------------------------------------
Installation or replacement....  Up to 129 work-hours x   Up to $18,118.............  Up to $29,083.
                                  $85 per hour = Up to
                                  $10,965.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. The FAA does not control warranty coverage for affected 
individuals. As a result, the FAA has included all costs in this cost 
estimate.

Paperwork Reduction Act

    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 currently 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 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, completing and reviewing the collection of 
information. All responses to this collection of information are 
mandatory. Send comments regarding this burden estimate or any other 
aspect of this collection of information, including suggestions for 
reducing this burden to: Information Collection Clearance Officer, 
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 
76177-1524.

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

[[Page 36315]]

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, and
    (2) Will not affect intrastate aviation in Alaska.

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 part 39 of the Federal Aviation 
Regulations (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 removing airworthiness directive (AD) 
2011-20-01, Amendment 39-16810 (76 FR 59240, September 26, 2011), and 
adding the following new AD:

2020-12-08 Embraer S.A. (Type Certificate Previously Held by Empresa 
Brasileira de Aeron[aacute]utica S.A.): Amendment 39-21143; Docket 
No. FAA-2020-0466; Project Identifier MCAI-2020-00504-A.

(a) Effective Date

    This AD is effective July 1, 2020.

(b) Affected ADs

    This AD replaces AD 2011-20-01, Amendment 39-16810 (76 FR 59240, 
September 26, 2011).

(c) Applicability

    This AD applies to Embraer S.A. (type certificate previously 
held by Empresa Brasileira de Aeron[aacute]utica S.A.) Model EMB-505 
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5520, ELEVATOR 
STRUCTURE; 5540, RUDDER STRUCTURE; 5751, AILERONS.

(e) Unsafe Condition

    This AD was prompted by reports of corrosion in the mass-balance 
weights of the flight control surfaces and a determination that new 
airworthiness limitations are necessary. The FAA is issuing this AD 
to address corrosion in the mass-balance weights of the flight 
control surfaces. The unsafe condition, if not addressed, could 
result in loss of mass or the detachment of the mass-balance 
weights, resulting in an unbalanced control surface, which could 
lead to flutter and loss of airplane control.

(f) Compliance

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

(g) Compliance Times for the Actions Required by Paragraph (h) of This 
AD

    For airplanes with a serial number listed in Embraer Alert 
Service Bulletin SB505-55-A004, Revision 5, dated December 12, 2019 
(``SB505-55-A004R5''): At the applicable compliance time specified 
in paragraph (g)(1), (2), or (3) of this AD, accomplish the actions 
required by paragraph (h) of this AD.
    (1) For airplanes with a serial number listed in Group 1 of 
Embraer Alert SB505-55-A004R5: Within 3 calendar days or 5 hours 
time-in-service (TIS), whichever occurs first, after July 1, 2020 
(the effective date of this AD).
    (2) For airplanes with a serial number listed in Group 3 of 
SB505-55-A004R5: Within 30 calendar days or 50 hours TIS, whichever 
occurs first, after July 1, 2020 (the effective date of this AD).
    (3) For airplanes with a serial number listed in Group 2 of 
SB505-55-A004R5: Within 60 calendar days or 100 hours TIS, whichever 
occurs first, after July 1, 2020 (the effective date of this AD).

(h) Required Actions

    For airplanes with a serial number listed in SB505-55-A004R5, at 
the applicable time specified in paragraph (g) of this AD: Do the 
inspections identified in paragraphs (h)(1) through (6) of this AD 
and, before further flight, install or replace the mass-balance, as 
applicable, and replace the attachment parts, in accordance with 
Parts I through VI and Part VIII, as applicable, of the 
Accomplishment Instructions of SB505-55-A004R5, except where SB505-
55-A004R5 tells you to submit information to Embraer, instead you 
must comply with paragraph (k) of this AD.
    (1) Do an inspection of the elevator horn mass-balance weights 
and attachments parts for corrosion and fragmentation, and weigh 
each mass-balance.
    (2) Do an inspection of the elevator internal mass-balance 
weights and attachments parts for corrosion and fragmentation and, 
weigh each mass-balance. You must remove and weigh the mass-balance 
weight even if there is no sign of corrosion or material 
fragmentation.
    (3) Do an inspection of the elevator adjustable mass-balance 
weights and attachments parts for corrosion and fragmentation, and 
weigh each mass-balance.
    (4) Do an inspection of the aileron mass-balance weights and 
attachments parts for corrosion and fragmentation and, weigh each 
mass-balance. You must remove and weigh the mass-balance weight even 
if there is no sign of corrosion or material fragmentation.
    (5) Do an inspection of the rudder adjustable mass-balance 
weights and attachments parts for corrosion and fragmentation, and 
weigh each mass-balance.
    (6) Do an inspection of the rudder internal mass-balance weights 
and attachments parts for corrosion and fragmentation and, weigh 
each mass-balance. You must remove and weigh the mass-balance weight 
even if there is no sign of corrosion or material fragmentation.

(i) Revision of the Airworthiness Limitations Section

    Within 10 days after July 1, 2020 (the effective date of this 
AD), revise the airworthiness limitations section (ALS) of the 
existing maintenance manual or instructions for continued 
airworthiness to add the information in Table 1 to paragraph (i) of 
this AD and the initial compliance time information in Table 2 to 
paragraph (i) of this AD.
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[GRAPHIC] [TIFF OMITTED] TR16JN20.001

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(j) No Alternative Actions or Intervals

    After the ALS has been revised as required by paragraph (i) of 
this AD, no alternative inspection intervals may be approved, except 
as provided in paragraph (n)(1) of this AD.

(k) Reporting

    For airplanes with a serial number listed in SB505-55-A004R5, at 
the applicable time specified in paragraph (k)(1) or (2) of this AD: 
For any inspection required by paragraph (h) of this AD, report 
findings to Embraer via email to contact.center@embraer.com. The 
report must include information specified in Appendix 1 of SB505-55-
A004R5.
    (1) If the inspection was done on or after July 1, 2020 (the 
effective date of this AD): Submit the report within 96 hours after 
the inspection.
    (2) If the inspection was done before July 1, 2020 (the 
effective date of this AD): Submit the report within 5 days after 
July 1, 2020 (the effective date of this AD).

(l) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraph (h) or (i) of this AD, if you performed those actions 
before July 1, 2020 (the effective date of this AD) using the 
service information specified in paragraphs (l)(1), (2), or (3) of 
this AD.
    (1) Embraer Alert Service Bulletin SB505-55-A004, Revision 2, 
dated November 6, 2019.
    (2) Embraer Alert Service Bulletin SB505-55-A004, Revision 3, 
dated November 13, 2019.
    (3) Embraer Alert Service Bulletin SB505-55-A004, Revision 4, 
dated November 21, 2019.

(m) Paperwork Reduction Act Burden Statement

    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 currently 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 1 hour per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, completing and reviewing 
the collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing this burden to: Information 
Collection Clearance Officer, Federal Aviation Administration, 10101 
Hillwood Parkway, Fort Worth, TX 76177-1524.

(n) Alternative Methods of Compliance (AMOCs)

    (1) 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, Small Airplane Standards Branch, 
FAA, 901 Locust, Room 301, Kansas City, Missouri 64106; phone: (816) 
329-4165; fax: (816) 329-4090; email: jim.rutherford@faa.gov. 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) 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.

(o) Related Information

    (1) For more information about this AD, contact Jim Rutherford, 
Aerospace Engineer, Small Airplane Standards Branch, FAA, 901 
Locust, Room 301, Kansas City, Missouri 64106; phone: (816) 329-
4165; fax: (816) 329-4090; email: jim.rutherford@faa.gov.
    (2) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Emergency AD No. 2020-01-01, dated January 9, 2020, 
for more information. You may examine the MCAI in the AD docket on 
the internet at https://www.regulations.gov by searching for and 
locating it in Docket No. FAA-2020-0466.

(p) 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.

[[Page 36318]]

    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Embraer Alert Service Bulletin SB505-55-A004, Revision 5, 
dated December 12, 2019.
    (ii) [Reserved]
    (3) For Embraer service information identified in this AD, 
contact Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 
2170, P.O. Box 36/2, S[atilde]o Jos[eacute] dos Campos, 12227-901, 
Brazil; phone: +55 12 3927 1000; email: 
phenom.reliability@embraer.com.br; website: https://www.embraer.com.br/en-US/Pages/home.aspx.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 901 
Locust, Kansas City, Missouri 64106. For information on the 
availability of this material at the FAA, call 816-329-4148.
    (5) You may view this service information at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, email: fedreg.legal@nara.gov, 
or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 9, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-12880 Filed 6-15-20; 8:45 am]
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