[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Proposed Rules]
[Pages 24425-24427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9794]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / 
Proposed Rules

[[Page 24425]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0441; Directorate Identifier 2012-CE-011-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileria de 
Aeron[aacute]utica S.A. (EMBRAER) Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Empresa Brasileria de Aeron[aacute]utica S.A. (EMBRAER) Model 
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 an 
inadequate amount of drain holes in the primary control surfaces 
(rudder, elevator, and aileron) and their tab surfaces may allow water 
to accumulate in the control surfaces. This condition could cause 
unbalanced flight control surfaces and reduced flutter margins, which 
could result in loss of control of the airplane. 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 June 8, 2012.

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 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Phenom Maintenance 
Support, Av. Brigadeiro Faria Lima, 2170, S[atilde]o Jos[eacute] dos 
Campos--SP, CEP: 12227-901--P.O. Box 36/2, BRASIL; fax ++55 12 3927-
2619; email phenom.reliability@embraer.com.br; Internet: http://www.embraer.com. You may review copies of the 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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 Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
jim.rutherford@faa.gov.

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-2012-0441; 
Directorate Identifier 2012-CE-011-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 Brazilian 
Airworthiness Directive 2012-03-01, dated March 20, 2012 (referred to 
after this as ''the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found that certain regions of the rudder, elevator, 
ailerons, and their tabs surfaces does not present adequate drainage 
capacity to avoid water accumulation inside of these control 
surfaces. Internal water accumulation may lead to flight control 
surfaces unbalancing possibly reducing the flutter margins, which 
could result in loss of airplane control.

The MCAI requires visually inspecting the control surfaces (rudder, 
elevator, and aileron) and their tab surfaces for the existence of 
required drain holes and modifying the control surfaces by drilling 
drain holes. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    EMBRAER has issued Phenom Service Bulletin No. 505-57-0002, dated 
February 13, 2012; Phenom Service Bulletin No. 505-57-0003, dated 
November 16, 2011; and Phenom Service Bulletin No. 505-57-0004, dated 
February 16, 2012. The actions described in this service information 
are intended to correct the unsafe condition identified in the MCAI.

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

[[Page 24426]]

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 38 products of U.S. 
registry.
    We also estimate that it would take from .5 work-hour to 2 work-
hours per product for 10 of the affected airplanes to comply with the 
basic inspection 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 
inspection on U.S. operators to be from $425 to $1,700, or $42.50 to 
$170 per product.
    In addition, we estimate that any necessary follow-on actions would 
take from 2 work-hours to 38 work-hours and require parts costing $50, 
for a cost from $220 to $3,280 per product. We have no way of 
determining the number of products that may need these actions.
    We also estimate that it would take from 19 work-hours to 27 work-
hours per product for 36 of the affected airplanes to comply with basic 
modification requirements of this proposed AD. The average labor rate 
is $85 per work-hour. Required parts would cost about $100 per product.
    Based on these figures, we estimate the cost of the proposed 
modification on U.S. operators to be from $61,740, to $86,220, or 
$1,715 to $2,395 per product.
    According to the manufacturer, some of the costs of this proposed 
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 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.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileria de Aeron[aacute]utica S.A. (EMBRAER): Docket No. 
FAA-2012-0441; Directorate Identifier 2012-CE-011-AD.

(a) Comments Due Date

    We must receive comments by June 8, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Empresa Brasileria de 
Aeron[aacute]utica S.A. (EMBRAER) Model EMB-505 airplanes 
certificated in any category.
    (1) Group 1: Serial numbers (S/Ns) 50500030, 50500033 thru 
50500037, 50500039, 50500040, 50500044, and 50500046.
    (2) Group 2: S/Ns 5050004 thru 50500029, 50500031, 50500032, 
50500038, 50500041 thru 50500043, 50500045, 50500047 thru 50500059, 
50500061, 50500063, 50500065 thru 50500068, 50500070, 50500074, and 
50500075.
    (3) Group 3: S/N 50500072.
    (4) Group 4: S/Ns 50500069, 50500071, and 50500073.

(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 an inadequate 
amount of drain holes in the primary control surfaces (rudder, 
elevator, aileron) and their tab surfaces may allow water to 
accumulate in the control surfaces. We are issuing this AD to 
prevent unbalanced flight control surfaces and reduced flutter 
margins, which could result in loss of control of the airplane.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Group 1 airplanes specified in paragraph (c)(1) of this AD:
    (i) Within the next 100 hours time-in-service after the 
effective date of this AD or within the next 3 calendar months after 
the effective date of this AD, whichever occurs first, visually 
inspect the right-hand (RH) and left-hand (LH) ailerons lower skin 
for the existence of required drain holes.
    (ii) Before further flight after the inspections required in 
paragraph (f)(1)(i) of this AD, if the required drain holes do not 
exist, drill the drain holes.
    (iii) Within the next 24 months after the effective date of this 
AD, rework the ailerons, ailerons trim-tabs, ailerons horn cover, 
rudder, rudder trim-tab, elevators and elevators auto-tab surfaces 
by drilling additional drain holes.
    (iv) Do the actions required in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD following the Accomplishment Instructions in 
EMBRAER Phenom Service Bulletin No. 505-57-0003, dated November 16, 
2011.
    (v) Do the actions required in paragraph (f)(1)(iii) of this AD 
following Part I of the Accomplishment Instructions in EMBRAER 
Phenom Service Bulletin No. 505-57-0002, dated February 13, 2012.
    (2) Group 2 airplanes specified in paragraph (c)(2) of this AD: 
Within the next 24 months after the effective date of this AD, 
rework the ailerons, ailerons trim-tabs, ailerons horn cover, 
rudder, rudder trim-tab, elevators and elevators auto-tab surfaces 
by drilling additional drain holes. Do the modifications following 
Part I of the Accomplishment Instructions in EMBRAER Phenom Service 
Bulletin No. 505-57-0002, dated February 13, 2012.
    (3) Group 3 airplanes specified in paragraph (c)(3) of this AD:

[[Page 24427]]

    (i) Within the next 24 months after the effective date of this 
AD, rework the rudder, rudder trim-tab, elevators and elevators 
auto-tab surfaces by drilling additional drain holes.
    (ii) Within the next 24 months after the effective date of this 
AD, inspect the ailerons for the existence of required drain holes.
    (iii) Before further flight after the inspections required in 
paragraph (f)(3)(ii) of this AD, if the required drain holes do not 
exist, drill the drain holes.
    (iv) Do the actions required in paragraph (f)(3)(i) of this AD 
following Part II of the Accomplishment Instructions in EMBRAER 
Phenom Service Bulletin No. 505-57-0002, dated February 13, 2012.
    (v) Do the actions required in paragraphs (f)(3)(ii) and 
(f)(3)(iii) of this AD following Part II of the Accomplishment 
Instructions in EMBRAER Phenom Service Bulletin No. 505-57-0004, 
dated February 16, 2012.
    (4) Group 4 airplanes specified in paragraph (c)(4) of this AD:
    (i) Within the next 24 months after the effective date of this 
AD, inspect the ailerons, elevators, and rudder for the existence of 
required drain holes.
    (ii) Before further flight after the inspection required in 
paragraph (f)(4)(i) of this AD, if the required drain holes do not 
exist, drill the drain holes.
    (iii) Do the actions required in paragraphs (f)(4)(i) and 
(f)(4)(ii) of this AD following Part I of the Accomplishment 
Instructions in EMBRAER Phenom Service Bulletin No. 505-57-0004, 
dated February 16, 2012.

(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: 
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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, 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) Brazilian Airworthiness Directive 2012-03-01, dated 
March 20, 2012; EMBRAER Phenom Service Bulletin No. 505-57-0002, 
dated February 13, 2012; EMBRAER Phenom Service Bulletin No. 505-57-
0003, dated November 16, 2011; and EMBRAER Phenom Service Bulletin 
No. 505-57-0004, dated February 16, 2012, for related information. 
For service information related to this AD, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), Phenom Maintenance 
Support, Av. Brigadeiro Faria Lima, 2170, S[atilde]o Jos[eacute] dos 
Campos--SP, CEP: 12227-901--P.O. Box 36/2, BRASIL; fax ++55 12 3927-
2619; email phenom.reliability@embraer.com.br; Internet: http://www.embraer.com. You may review copies of the 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.

    Issued in Kansas City, Missouri, on April 18, 2012.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-9794 Filed 4-23-12; 8:45 am]
BILLING CODE 4910-13-P