[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49439-49442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19365]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0511; Directorate Identifier 2014-CE-023-AD;
Amendment 39-17953; AD 2014-15-51]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Embraer S.A. Model EMB-500 airplanes. This AD was sent previously to
all known U.S. owners and operators of these airplanes as an emergency
AD. This AD requires an inspection and replacement as necessary of the
barrel nuts at the horizontal stabilizer to vertical stabilizer
attachment joint. This AD was prompted by mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as cracking
of the barrel nuts at the horizontal stabilizer to vertical stabilizer
attachment joint. We are issuing this AD to correct the unsafe
condition on these products.
DATES: This AD is effective August 21, 2014 to all persons except those
persons to whom it was made immediately effective by Emergency AD 2014-
15-51, issued on July 25, 2014, which contained the requirements of
this amendment.
The Director of the Federal Register approved the incorporation by
reference of a certain publication identified in this AD as of August
21, 2014.
We must receive comments on this AD by October 6, 2014.
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 http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Maill: 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this AD, contact: EMBRAER
S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 2170,
Putim, CEP: 12227-901, Sao Jose dos Campos, Sao Paulo, Brasil; phone:
(+55 12) 3927-1000; Fax: (+55 12) 3927-6600, Ext. 1448; email:
[email protected]: Internet: http://www.embraerexecutivejets.com/en-US/customer-support/Pages/Service-Center-Network.aspxt.
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-2014-
0511; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations Office
(phone: 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;
[[Page 49440]]
telephone: (816) 329-4165; fax: (816) 329-4090; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
On July 25, 2014, we issued Emergency AD 2014-15-51, which requires
inspection and replacement as necessary of the barrel nuts at the
horizontal stabilizer to vertical stabilizer attachment joint on
Embraer S.A. Model EMB-500 airplanes. This emergency AD was sent
previously to all known U.S. owners and operators of these airplanes.
This action was prompted the Agencia Nacional De Aviacao Civil (ANAC),
which is the aviation authority for Brazil, issuing emergency AD No.:
2014-07-02, dated July 25, 2014 (referred to after this as ``the
MCAI''), to correct an unsafe condition for Embraer S.A. Model EMB-500
airplanes. The MCAI states:
This EAD results from a report of cracking in the barrel nuts at
the horizontal stabilizer-to-vertical stabilizer attachment joint
found during an inspection at the assembly line. This EAD is being
issued to detect and correct cracking of the barrel nuts at the
horizontal stabilizer-to-vertical stabilizer attachment joint, which
could result in reduced structural integrity of the affected part
and consequent detachment of the horizontal stabilizer from the
airplane.
Since this condition may exist in other airplanes of the same
type and affects flight safety, an immediate corrective action is
required. Thus, sufficient reason exists to request compliance with
this EAD 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-2014-0511.
Relevant Service Information
Embraer S.A. has issued Phenom Alert Service Bulletin No. 500-55-
A004, Revision 02, dated July 25, 2014. The actions described in this
service bulletin are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination
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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
AD Requirements
This AD requires an inspection and replacement as necessary of the
barrel nuts at the horizontal stabilizer to vertical stabilizer
attachment joint. This AD also requires sending the inspection results
to Embraer.
FAA's 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 a
report of cracking in the barrel nuts at the horizontal stabilizer-to-
vertical stabilizer attachment joint found during an inspection at the
assembly line. This condition could result in reduced structural
integrity of the affected part and consequent detachment of the
horizontal stabilizer from the airplane. Since this condition may exist
in other airplanes of the same type and affects flight safety, an
immediate corrective action is required. Therefore, we determined that
notice and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2014-0511 and
Directorate Identifier 2014-CE-023-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.
Costs of Compliance
We estimate that this AD will affect 45 products of U.S. registry.
We also estimate that it would take about 2.5 work-hours 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 the AD on U.S.
operators to be $9,562.50 or $212.50 per product.
In addition, we estimate that any necessary follow-on actions would
take about 2 work-hours and require parts costing $150, for a cost of
$320 per product. We have no way of determining the number of products
that may need these actions.
According to the manufacturer, some of the costs of this 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.
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 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 control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is 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.
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
[[Page 49441]]
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) Is not a ``significant rule'' under 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.
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 airworthiness
directive (AD):
2014-15-51 Embraer S.A.: Amendment 39-17953; Docket No. FAA-2014-
0511; Directorate Identifier 2014-CE-023-AD.
(a) Effective Date
This AD is effective September 5, 2014 to all persons except
those persons to whom it was made immediately effective by Emergency
AD 2014-15-51, issued on July 25, 2014, which contained the
requirements of this amendment.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-500 airplanes, serial
numbers 50000218 through 50000333, 50000336, 50000337, 50000339, and
50000341, certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 55, Stabilizers.
(e) Unsafe Condition
This AD was prompted by mandatory continuing airworthiness
information (MCAI) issued by the aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as cracking of the
barrel nuts at the horizontal stabilizer to vertical stabilizer
attachment joint. We are issuing this AD to detect and correct
cracking of the barrel nuts at the horizontal stabilizer to vertical
stabilizer attachment joint that could result in reduced structural
integrity of the affected part and consequent detachment of the
horizontal stabilizer from the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection
Before further flight after the effective date of this AD,
inspect all of the barrel self-locking nuts at the horizontal
stabilizer to vertical stabilizer joint following the ACCOMPLISHMENT
INSTRUCTIONS in Embraer S.A. Phenom Alert Service Bulletin No. 500-
55-A004, Revision 02, dated July 25, 2014.
(h) Replacement
If, during the inspection required in paragraph (g) of this AD,
any of the barrel nuts are found to be part number (P/N) NAS577B7A,
before further flight, replace the applicable barrel nuts with new
barrel nut P/N RMLH2577-070 following the ACCOMPLISHMENT
INSTRUCTIONS in Embraer S.A. Phenom Alert Service Bulletin No. 500-
55-A004, Revision 02, dated July 25, 2014.
(i) Reporting Requirement
Within 10 days after the inspection required in paragraph (g) of
this AD, send the inspection results to Embraer using the ``Service
Bulletin Implementation and Evaluation Form'' available on the
Internet in the FLYEmbraer portal at: www.flyembraer.com.
(j) Credit for Actions Accomplished in Accordance With Previous Service
Information
This AD provides credit for the actions required in paragraphs
(g), (h) and (i) of this AD, if those actions were performed before
the effective date of this AD, using Embraer S.A. Phenom Alert
Service Bulletin No. 500-55-A004, Revision 01, dated July 24, 2014,
or Embraer S.A. Phenom Alert Service Bulletin No. 500-55-A004, Basic
Revision, dated July 21, 2014.
(k) Special Flight Permit
No special flight permits allowed.
(l) 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 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.
(m) Alternative Methods of Compliance (AMOCs)
(1) The Manager, Standards Office, Small Airplane Directorate,
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 ACO, send it to the
attention of the person identified in paragraph (n) of this AD.
(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.
(n) Related Information
(1) For more information about this AD, 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: [email protected].
(2) Refer to MCAI Agencia De Aviacao Civil (ANAC) AD No.: 2014-
07-02, dated July 25, 2014, and MCAI ANAC AD No.: 2014-07-03, dated
July 25, 2014 for related information. You may examine the MCAI on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2014-0511.
Note 1 to paragraph (n)(2) of this AD: After the FAA issued
Emergency AD 2014-15-51, ANAC issued AD No.: 2014-07-03, dated July
25, 2014, to supersede ANAC AD.: No. 2014-07-02. All requirement
changes were incorporated into FAA emergency AD 2014-15-51 and are
incorporated into this AD.
(o) 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.
[[Page 49442]]
(i) Embraer S.A. Phenom Alert Service Bulletin No. 500-55-A004,
Revision 02, dated July 25, 2014
(ii) Reserved.
(3) For Embraer S.A. service information identified in this AD,
contact: EMBRAER S.A., Phenom Maintenance Support, Avenida
Brigadeiro Faria Lima, 2170, Putim, CEP: 12227-901, Sao Jose dos
Campos, Sao Paulo, Brasil; phone: (+55 12) 3927-1000; Fax: (+55 12)
3927-6600, Ext. 1448; email: [email protected]:
Internet: http://www.embraerexecutivejets.com/en-US/customer-support/Pages/Service-Center-Network.aspxt.
(4) You may view this 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.
(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 August 11, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-19365 Filed 8-20-14; 8:45 am]
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