59240 Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0713; Directorate 

Identifier 2011–CE–023–AD; Amendment 

39–16810; AD 2011–20–01] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aerona ́utica S.A. 

(EMBRAER) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for 

Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER) Model EMB–505 airplanes. 

This AD results from mandatory 

continuing airworthiness information 

(MCAI) issued 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: 

It has been found the possibility of freeplay between the mass balance weight and 

the elevator structure. This condition if not 

corrected could lead to elevator flutter and 

possible loss of airplane control. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

October 31, 2011. 

On October 31, 2011, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

For service information identified in 

this AD, contact EMBRAER S.A., 

Phenom Maintenance Support, Av. Brig. 

Faria Lima, 2170, Sao Jose dos Campos– 

SP, CEP: 12227–901—PO Box: 36/2, 

Brasil; telephone: ++55 12 3927–5383; 

fax: ++55 12 3927–2619; E-mail: 

phenom.reliability@embraer.com.br; 

Internet: http://www.embraer.com.br. 

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. 

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; e-mail: 

jim.rutherford@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on July 8, 2011 (76 FR 40286). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found the possibility of freeplay between the mass balance weight and 

the elevator structure. This condition if not 

corrected could lead to elevator flutter and 

possible loss of airplane control. 

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 AD in the indicated time limit. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (76 

FR 40286, July 8, 2011) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 8 

products of U.S. registry. We also 

estimate that it will take about 38 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $3,490 

per product. 

Based on these figures, we estimate 

the cost of the AD on U.S. operators to 

be $53,760, or $6,720 per product. 

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. 

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 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 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); and 

(3) 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. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD Docket. 


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Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations 59241 

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 the NPRM (76 FR 

40286, July 8, 2011), 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. 

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 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2011–20–01 Empresa Brasileira de 

Aerona ́utica S.A. (EMBRAER): 

Amendment 39–16810; Docket No. 

FAA–2011–0713; Directorate Identifier 

2011–CE–023–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective October 31, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aerona ́utica S.A. (EMBRAER) Model 

EMB–505 airplanes, all serial numbers (SN) 

through 50500023, certificated in any 

category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the possibility of freeplay between the mass balance weight and 

the elevator structure. This condition if not 

corrected could lead to elevator flutter and 

possible loss of airplane control. 

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 AD in the indicated time limit. 

The MCAI requires replacement of the bolts 

that attach the balance mass weights to the 

elevator structure. 

Actions and Compliance 

(f) Unless already done, within 12 calendar 

months after October 31, 2011 (the effective 

date of this AD), replace the bolts that attach 

the balance mass weights to the elevator 

structure following EMBRAER S.A. Phenom 

Service Bulletin No.: 505–55–0002, dated 

January 14, 2011. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: The MCAI 

applies to SN 50500004 through 50500023. 

This AD applies to all SN through 50500023. 

Other FAA AD Provisions 

(g) 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; e-mail: 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. 

Related Information 

(h) Refer to MCAI Ageˆncia Nacional De 

Aviac ̧a ̃o Civil—Brazil (ANAC) AD No.: 2011– 

05–05, effective date June 16, 2011; and 

EMBRAER S.A. Phenom Service Bulletin 

No.: 505–55–0002, dated January 14, 2011, 

for related information. For service 

information related to this AD, contact 

EMBRAER S.A., Phenom Maintenance 

Support, Av. Brig. Faria Lima, 2170, Sao Jose 

dos Campos—SP, CEP: 12227–901—PO Box: 

36/2, Brasil; telephone: ++55 12 3927–5383; 

fax: ++55 12 3927–2619; E-mail: 

Phenom.Reliability@Embraer.Com.Br; 

Internet: http://www.embraer.com.br. 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. 

Material Incorporated by Reference 

(i) You must use EMBRAER S.A. Phenom 

Service Bulletin No.: 505–55–0002, dated 

January 14, 2011, to do the actions required 

by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact EMBRAER S.A., Phenom 

Maintenance Support, Av. Brig. Faria Lima, 

2170, Sao Jose dos Campos—SP, CEP: 12227– 

901—PO Box: 36/2, Brasil; telephone: ++55 

12 3927–5383; fax: ++55 12 3927–2619; Email: phenom.reliability@embraer.com.br; 

Internet: http://www.embraer.com.br. 

(3) 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. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri, on 

September 12, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–23768 Filed 9–23–11; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 30 

RIN 3038–AC54 

Foreign Futures and Options Contracts 

on a Non-Narrow-Based Security 

Index; Commission Certification 

Procedures 

AGENCY: Commodity Futures Trading 

Commission. 


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