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[Federal Register Volume 79, Number 162 (Thursday, August 21, 2014)]
[Rules and Regulations]
[Pages 49439-49442]
From the Federal Register Online via the Government Printing 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: 
phenom.reliability@embraer.com.br: 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: 
jim.rutherford@faa.gov.

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: jim.rutherford@faa.gov.
    (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: phenom.reliability@embraer.com.br: 
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]
BILLING CODE 4910-13-P
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