81_FR_44368 81 FR 44238 - Airworthiness Directives; Embraer S.A. Airplanes

81 FR 44238 - Airworthiness Directives; Embraer S.A. Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 130 (July 7, 2016)

Page Range44238-44240
FR Document2016-15871

We propose to adopt a new airworthiness directive (AD) for Embraer S.A. Models EMB-500 and 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 incorrect installation of passenger seat attachment fittings. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

Federal Register, Volume 81 Issue 130 (Thursday, July 7, 2016)
[Federal Register Volume 81, Number 130 (Thursday, July 7, 2016)]
[Proposed Rules]
[Pages 44238-44240]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15871]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-8160; Directorate Identifier 2016-CE-019-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

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

[[Page 44239]]


ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
Embraer S.A. Models EMB-500 and 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 incorrect installation of passenger seat 
attachment fittings. 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 August 22, 2016.

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 
Embraer--S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria 
Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP--12227-901, P.O. Box 
36/2, Brasil; phone: +55 12 3927 1000; fax: +55 12 3927-2619; email: 
[email protected]; Internet: http://www.embraer.com.br/en-US/Pages/home.aspx. You may review this 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 by searching for and locating Docket No. FAA-2016-
8160; 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: 
[email protected].

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-2016-8160; 
Directorate Identifier 2016-CE-019-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 AD No.: 2016-05-
01, dated May 27, 2016 (referred to after this as ``the MCAI''), to 
correct an unsafe condition for Embraer S.A. Models EMB-500 and EMB-505 
airplanes and was based on mandatory continuing airworthiness 
information originated by an aviation authority of another country. The 
MCAI states:

    There is the possibility that certain attachment fittings of 
passenger seats have been incorrectly installed. This AD results 
from a determination that the passenger seat on which the attachment 
fittings were improperly installed may not meet certain static 
strength, and dynamic strength criteria. Failure to meet static and 
dynamic strength criteria could result in injuries to the occupants 
during an emergency landing condition.
    This AD requires the inspection of each passenger seat for the 
correct installation of the attachment fittings and correction, if 
necessary.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2016-8160.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued Service Bulletin (SB) No.: 500-25-0016; and 
Embraer S.A. SB No.: 505-25-0020, both dated December 8, 2015. The 
service information describes procedures for inspection of the 
passenger seat attachment fittings and correction to the fittings if 
necessary. 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 of this 
NPRM.

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 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 203 products of U.S. 
registry. We also estimate that it would take about 4 work-hours per 
product to comply with the basic 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 AD on 
U.S. operators to be $69,020, or $340 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours for a cost of $510 per product. We have no way 
of determining the number of products that may need these actions.
    According to the manufacturer, all 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

[[Page 44240]]

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

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 AD:

Embraer S.A.: Docket No. FAA-2016-8160; Directorate Identifier 2016-
CE-019-AD.

(a) Comments Due Date

    We must receive comments by August 22, 2016.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to Embraer S.A. Model EMB-500 airplanes, 
serial numbers 50000322, 50000324 through 50000328, 50000330 through 
50000344, 50000346 through 50000350, and 50000353, certificated in 
any category; and Embraer S.A. Model EMB-505 airplanes, serial 
numbers 50500004 through 50500215, 50500217 through 50500245, 
50500247 through 50500255, 50500257 through 50500259, 50500261 
through 50500263, 50500265, and 50500267, certificated in any 
category.
    (2) The airplanes identified in paragraph (c)(1) of this AD had 
passenger seats installed at manufacturer as listed in Embraer S.A. 
Service Bulletin (SB) No.: 500-25-0016, dated December 8, 2015; or 
Embraer S.A. SB No.: 505-25-0020, dated December 8, 2015. Since 
these are line replaceable units and the unsafe condition of this AD 
was originated during manufacturing, any passenger seat replaced 
during routine maintenance is not affected by the actions of this 
AD.

(d) Subject

    Air Transport Association of America (ATA) Code 25: Equipment/
Furnishing.

(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 incorrect 
installation of passenger seat attachment fittings. We are issuing 
this proposed AD to detect and correct improperly installed seat 
attachment fittings, which could result in seat damage causing 
injury to occupants during an emergency landing condition.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs 
(f)(1) and (2) of this AD following the Accomplishment Instructions 
in Embraer S.A. Service Bulletin (SB) No.: 500-25-0016, dated 
December 8, 2015; or Embraer S.A. SB No.: 505-25-0020, dated 
December 8, 2015, as applicable:
    (1) Within the next 30 months after the effective date of this 
AD, inspect each applicable passenger seat for the correct 
installation of attachment fittings.
    (2) If any discrepancy is found during the inspection required 
in paragraph (f)(1) of this AD, before further flight, correct the 
discrepancy.

(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:
[email protected]. 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) AD No.: 2016-05-01, dated May 27, 2016, for related 
information. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-
2016-8160. For service information related to this AD, contact 
Embraer--S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria 
Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP--12227-901, P.O. 
Box 36/2, Brasil; phone: +55 12 3927 1000; fax: +55 12 3927-2619; 
email: [email protected]; Internet: http://www.embraer.com.br/en-US/Pages/home.aspx. You may review this 
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 June 28, 2016.
Pat Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-15871 Filed 7-6-16; 8:45 am]
 BILLING CODE 4910-13-P



                                               44238                      Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Proposed Rules

                                               (g) New Software Standard Upgrade for                     (j) Removal of Certain Other AFM                      standards district office/certificate holding
                                               Model A330 Series Airplanes, and Model                    Requirements                                          district office. The AMOC approval letter
                                               A340–200 and –300 Series Airplanes                           Accomplishing the FCPC upgrade required            must specifically reference this AD.
                                                  At the applicable time specified in figure             by paragraph (g) of this AD terminates the              (2) Contacting the Manufacturer: For any
                                                                                                         dispatch limitations required by paragraphs           requirement in this AD to obtain corrective
                                               1 to paragraph (g) of this AD: Upgrade (by
                                                                                                         (g), (h), and (i) of AD 2012–08–02 for that           actions from a manufacturer, the action must
                                               modification or replacement, as applicable)
                                                                                                                                                               be accomplished using a method approved
                                               the three flight control primary computers                airplane only, and after accomplishing the
                                                                                                                                                               by the Manager, International Branch, ANM–
                                               (FCPCs), as specified in figure 1 to paragraph            FCPC upgrade, those dispatch limitations can
                                                                                                                                                               116, Transport Airplane Directorate, FAA; or
                                               (g) of this AD, in accordance with the                    be removed from the AFM for that airplane
                                                                                                                                                               the EASA; or Airbus’s EASA DOA. If
                                               Accomplishment Instructions of the                        only.
                                                                                                                                                               approved by the DOA, the approval must
                                               applicable service information specified in                                                                     include the DOA-authorized signature.
                                                                                                         (k) Certain Actions Required by AD 2013–
                                               paragraphs (h)(1), (h)(2), (h)(3), and (h)(4) of                                                                  (3) Required for Compliance (RC): If any
                                                                                                         05–08 Affected by This AD
                                               this AD, except for Model A340–500 and                                                                          service information contains procedures or
                                               –600 series airplanes with hardware standard                Accomplishing the FCPC upgrade required
                                                                                                                                                               tests that are identified as RC, those
                                               FCPC 2K2, do the upgrade in accordance                    by paragraph (g) this AD constitutes
                                                                                                                                                               procedures and tests must be done to comply
                                               with a method approved by the Manager,                    compliance with the requirements of                   with this AD; any procedures or tests that are
                                               International Branch, ANM–116, Transport                  paragraph (l) and paragraphs (o)(1) through           not identified as RC are recommended. Those
                                               Airplane Directorate, FAA; or the European                (o)(4) of AD 2013–05–08.                              procedures and tests that are not identified
                                               Aviation Safety Agency (EASA); or Airbus’s                (l) Certain Actions Required by AD 2013–19–           as RC may be deviated from using accepted
                                               EASA Design Organization Approval (DOA).                  14 Affected by This AD                                methods in accordance with the operator’s
                                                                                                                                                               maintenance or inspection program without
                                                                                                            Accomplishing the FCPC upgrade required            obtaining approval of an AMOC, provided
                                                FIGURE 1 TO PARAGRAPH (g) OF THIS                        by paragraph (g) this AD constitutes                  the procedures and tests identified as RC can
                                                 AD—SOFTWARE STANDARD UP-                                compliance with the requirements of                   be done and the airplane can be put back in
                                                 DATES AND COMPLIANCE TIMES                              paragraphs (i) and (j) of AD 2013–19–14.              an airworthy condition. Any substitutions or
                                                                                                         (m) Airplanes Excluded From Certain                   changes to procedures or tests identified as
                                                                                 Compliance time         Requirements                                          RC require approval of an AMOC.
                                                Software        Hardware        after effective date
                                                standard        standard                                    For Airbus Model A330 series airplanes             (p) Related Information
                                                                                     of this AD
                                                                                                         having Airbus Modification 202680                       (1) Refer to Mandatory Continuing
                                               P13/M22         FCPC 2K2    ..   Within   9 months.       (installation of FCPC 2K2 with software               Airworthiness Information (MCAI) EASA
                                               P14/M23         FCPC 2K1    ..   Within   9 months.       standard P13/M22) incorporated in                     Airworthiness Directive 2015–0124R1, dated
                                               M23 ........    FCPC 2K0    ..   Within   9 months.       production: The actions specified in                  February 2, 2016, for related information.
                                               L24 .........   FCPC 2K1         Within   15 months.      paragraph (g) of this AD are not required,            This MCAI may be found in the AD docket
                                                                 or 2K0.                                 provided it can be positively determined that         on the Internet at http://www.regulations.gov
                                               L23 .........   FCPC 2K2    ..   Within 15 months.        since the date of issuance of the original            by searching for and locating Docket No.
                                               W13 .......     FCPC 2K2    ..   Within 15 months.        certificate of airworthiness or the original          FAA–2016–7424.
                                                                                                         export certificate of airworthiness, no FCPC            (2) For service information identified in
                                               (h) Service Information                                   has been replaced on that airplane with an            this AD, contact Airbus SAS, Airworthiness
                                                                                                         FCPC having an earlier standard.                      Office—EAL, 1 Rond Point Maurice Bellonte,
                                                 For the upgrade required by paragraph (g)                                                                     31707 Blagnac Cedex, France; telephone +33
                                               of this AD, applicable service information is             (n) Credit for Previous Actions
                                                                                                                                                               5 61 93 36 96; fax +33 5 61 93 45 80; email
                                               identified in paragraphs (h)(1), (h)(2), (h)(3),            This paragraph provides credit for the              airworthiness.A330-A340@airbus.com;
                                               and (h)(4) of this AD.                                    applicable actions required by paragraph (g)          Internet http://www.airbus.com. You may
                                                 (1) For Model A330 airplanes with                       of this AD, if those actions were performed           view this service information at the FAA,
                                               hardware standard FCPC 2K2: Airbus Service                before the effective date of this AD using            Transport Airplane Directorate, 1601 Lind
                                               Bulletin A330–27–3205, Revision 02, dated                 Airbus Service Bulletin A330–27–3205,                 Avenue SW., Renton, WA. For information
                                               March 23, 2016.                                           dated March 9, 2015; or Airbus Service                on the availability of this material at the
                                                 (2) For Model A330 airplanes with                       Bulletin A330–27–3205, Revision 01, dated             FAA, call 425–227–1221.
                                               hardware standard FCPC 2K1 or FCPC 2K0:                   July 3, 2015; which are not incorporated by
                                               Airbus Service Bulletin A330–27–3207,                                                                             Issued in Renton, Washington, on June 23,
                                                                                                         reference in this AD.
                                               dated June 30, 2015.                                                                                            2016.
                                                 (3) For Model A340–200 and –300 series                  (o) Other FAA AD Provisions                           Dorr M. Anderson,
                                               airplanes with hardware standard FCPC 2K0                    The following provisions also apply to this        Acting Manager, Transport Airplane
                                               or FCPC 2K1: Airbus Service Bulletin A340–                AD:                                                   Directorate, Aircraft Certification Service.
                                               27–4195, dated November 24, 2015.                            (1) Alternative Methods of Compliance              [FR Doc. 2016–15907 Filed 7–6–16; 8:45 am]
                                                 (4) For Model A340–200 and –300 series                  (AMOCs): The Manager, International
                                                                                                                                                               BILLING CODE 4910–13–P
                                               airplanes with hardware standard FCPC 2K2:                Branch, ANM–116, Transport Airplane
                                               Airbus Service Bulletin A340–27–4196,                     Directorate, FAA, has the authority to
                                               dated November 24, 2015.                                  approve AMOCs for this AD, if requested
                                                                                                         using the procedures found in 14 CFR 39.19.           DEPARTMENT OF TRANSPORTATION
                                               (i) Removal of Certain Airplane Flight                    In accordance with 14 CFR 39.19, send your
                                               Manual (AFM) Requirements                                 request to your principal inspector or local          Federal Aviation Administration
                                                  After accomplishing the FCPC upgrade                   Flight Standards District Office, as
                                               required by paragraph (g) of this AD, the                 appropriate. If sending information directly          14 CFR Part 39
                                               AFM operational procedures required by the                to the International Branch, send it to ATTN:         [Docket No. FAA–2016–8160; Directorate
                                               AFM revisions identified in paragraphs (i)(1),            Vladimir Ulyanov, Aerospace Engineer,                 Identifier 2016–CE–019–AD]
                                               (i)(2), and (i)(3) of this AD are no longer               International Branch, ANM 116, Transport
Lhorne on DSK30JT082PROD with PROPOSALS




                                               required and can be removed from the AFM                  Airplane Directorate, FAA, 1601 Lind                  RIN 2120–AA64
                                               for that airplane only.                                   Avenue SW., Renton, WA 98057–3356;
                                                  (1) The AFM revision required by                       telephone 425–227–1138; fax 425–227–1149.:            Airworthiness Directives; Embraer S.A.
                                               paragraph (g) of AD 2013–03–06.                           Information may be emailed to: 9-ANM-116-             Airplanes
                                                  (2) The AFM revision required by                       AMOC-REQUESTS@faa.gov. Before using
                                               paragraph (g) of AD 2013–19–14.                           any approved AMOC, notify your appropriate            AGENCY: Federal Aviation
                                                  (3) The AFM revision required by                       principal inspector, or lacking a principal           Administration (FAA), Department of
                                               paragraph (h) of AD 2013–19–14.                           inspector, the manager of the local flight            Transportation (DOT).


                                          VerDate Sep<11>2014    13:03 Jul 06, 2016   Jkt 238001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\07JYP1.SGM   07JYP1


                                                                         Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Proposed Rules                                          44239

                                                     Notice of proposed rulemaking
                                               ACTION:                                                  (telephone (800) 647–5527) is in the                  Related Service Information Under 1
                                               (NPRM).                                                  ADDRESSES   section. Comments will be                 CFR Part 51
                                                                                                        available in the AD docket shortly after                Embraer S.A. has issued Service
                                               SUMMARY:    We propose to adopt a new                    receipt.
                                               airworthiness directive (AD) for                                                                               Bulletin (SB) No.: 500–25–0016; and
                                               Embraer S.A. Models EMB–500 and                          FOR FURTHER INFORMATION CONTACT: Jim                  Embraer S.A. SB No.: 505–25–0020,
                                               EMB–505 airplanes. This proposed AD                      Rutherford, Aerospace Engineer, FAA,                  both dated December 8, 2015. The
                                               results from mandatory continuing                        Small Airplane Directorate, 901 Locust,               service information describes
                                               airworthiness information (MCAI)                         Room 301, Kansas City, Missouri 64106;                procedures for inspection of the
                                               originated by an aviation authority of                   telephone: (816) 329–4165; fax: (816)                 passenger seat attachment fittings and
                                               another country to identify and correct                  329–4090; email: jim.rutherford@                      correction to the fittings if necessary.
                                               an unsafe condition on an aviation                       faa.gov.                                              This service information is reasonably
                                               product. The MCAI describes the unsafe                   SUPPLEMENTARY INFORMATION:                            available because the interested parties
                                               condition as incorrect installation of                                                                         have access to it through their normal
                                               passenger seat attachment fittings. We                   Comments Invited                                      course of business or by the means
                                               are issuing this proposed AD to require                    We invite you to send any written                   identified in the ADDRESSES section of
                                               actions to address the unsafe condition                  relevant data, views, or arguments about              this NPRM.
                                               on these products.                                       this proposed AD. Send your comments                  FAA’s Determination and Requirements
                                               DATES: We must receive comments on                       to an address listed under the                        of the Proposed AD
                                               this proposed AD by August 22, 2016.                     ADDRESSES section. Include ‘‘Docket No.
                                                                                                        FAA–2016–8160; Directorate Identifier                   This product has been approved by
                                               ADDRESSES: You may send comments by
                                                                                                        2016–CE–019–AD’’ at the beginning of                  the aviation authority of another
                                               any of the following methods:
                                                  • Federal eRulemaking Portal: Go to                   your comments. We specifically invite                 country, and is approved for operation
                                               http://www.regulations.gov. Follow the                   comments on the overall regulatory,                   in the United States. Pursuant to our
                                               instructions for submitting comments.                    economic, environmental, and energy                   bilateral agreement with this State of
                                                  • Fax: (202) 493–2251.                                aspects of this proposed AD. We will                  Design Authority, they have notified us
                                                  • Mail: U.S. Department of                            consider all comments received by the                 of the unsafe condition described in the
                                               Transportation, Docket Operations, M–                    closing date and may amend this                       MCAI and service information
                                               30, West Building Ground Floor, Room                     proposed AD because of those                          referenced above. We are proposing this
                                               W12–140, 1200 New Jersey Avenue SE.,                     comments.                                             AD because we evaluated all
                                               Washington, DC 20590.                                                                                          information and determined the unsafe
                                                                                                          We will post all comments we
                                                  • Hand Delivery: U.S. Department of                   receive, without change, to http://
                                                                                                                                                              condition exists and is likely to exist or
                                               Transportation, Docket Operations, M–                                                                          develop on other products of the same
                                                                                                        regulations.gov, including any personal
                                               30, West Building Ground Floor, Room                                                                           type design.
                                                                                                        information you provide. We will also
                                               W12–140, 1200 New Jersey Avenue SE.,                     post a report summarizing each                        Costs of Compliance
                                               Washington, DC 20590, between 9 a.m.                     substantive verbal contact we receive
                                               and 5 p.m., Monday through Friday,                                                                               We estimate that this proposed AD
                                                                                                        about this proposed AD.                               will affect 203 products of U.S. registry.
                                               except Federal holidays.
                                                  For service information identified in                 Discussion                                            We also estimate that it would take
                                               this proposed AD, contact Embraer—                                                                             about 4 work-hours per product to
                                                                                                           The Agência Nacional de Aviação                 comply with the basic requirements of
                                               S.A., Phenom Maintenance Support,                        Civil (ANAC), which is the aviation
                                               Avenida Brigadeiro Faria Lima, 2170,                                                                           this proposed AD. The average labor
                                                                                                        authority for Brazil, has issued AD No.:              rate is $85 per work-hour.
                                               São José dos Campos—SP—12227–901,                      2016–05–01, dated May 27, 2016
                                               P.O. Box 36/2, Brasil; phone: +55 12                                                                             Based on these figures, we estimate
                                                                                                        (referred to after this as ‘‘the MCAI’’), to
                                               3927 1000; fax: +55 12 3927–2619;                                                                              the cost of the proposed AD on U.S.
                                                                                                        correct an unsafe condition for Embraer
                                               email: phenom.reliability@                                                                                     operators to be $69,020, or $340 per
                                                                                                        S.A. Models EMB–500 and EMB–505
                                               embraer.com.br; Internet: http://                                                                              product.
                                                                                                        airplanes and was based on mandatory
                                               www.embraer.com.br/en-US/Pages/                                                                                  In addition, we estimate that any
                                                                                                        continuing airworthiness information
                                               home.aspx. You may review this                                                                                 necessary follow-on actions would take
                                                                                                        originated by an aviation authority of
                                               referenced service information at the                                                                          about 6 work-hours for a cost of $510
                                                                                                        another country. The MCAI states:
                                               FAA, Small Airplane Directorate, 901                                                                           per product. We have no way of
                                               Locust, Kansas City, Missouri 64106.                        There is the possibility that certain              determining the number of products
                                               For information on the availability of                   attachment fittings of passenger seats have           that may need these actions.
                                                                                                        been incorrectly installed. This AD results             According to the manufacturer, all of
                                               this material at the FAA, call (816) 329–                from a determination that the passenger seat
                                               4148.                                                    on which the attachment fittings were
                                                                                                                                                              the costs of this proposed AD may be
                                                                                                        improperly installed may not meet certain             covered under warranty, thereby
                                               Examining the AD Docket                                                                                        reducing the cost impact on affected
                                                                                                        static strength, and dynamic strength criteria.
                                                  You may examine the AD docket on                      Failure to meet static and dynamic strength           individuals. We do not control warranty
                                               the Internet at http://                                  criteria could result in injuries to the              coverage for affected individuals. As a
                                               www.regulations.gov by searching for                     occupants during an emergency landing                 result, we have included all costs in our
                                               and locating Docket No. FAA–2016–                        condition.                                            cost estimate.
                                               8160; or in person at the Docket                            This AD requires the inspection of each
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                                               Management Facility between 9 a.m.                       passenger seat for the correct installation of        Authority for This Rulemaking
                                               and 5 p.m., Monday through Friday,                       the attachment fittings and correction, if              Title 49 of the United States Code
                                                                                                        necessary.
                                               except Federal holidays. The AD docket                                                                         specifies the FAA’s authority to issue
                                               contains this proposed AD, the                           You may examine the MCAI on the                       rules on aviation safety. Subtitle I,
                                               regulatory evaluation, any comments                      Internet at http://www.regulations.gov                section 106, describes the authority of
                                               received, and other information. The                     by searching for and locating Docket No.              the FAA Administrator. ‘‘Subtitle VII:
                                               street address for the Docket Office                     FAA–2016–8160.                                        Aviation Programs,’’ describes in more


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                                               44240                     Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Proposed Rules

                                               detail the scope of the Agency’s                         (a) Comments Due Date                                 FAA, Small Airplane Directorate, 901 Locust,
                                               authority.                                                 We must receive comments by August 22,              Room 301, Kansas City, Missouri 64106;
                                                  We are issuing this rulemaking under                  2016.                                                 telephone: (816) 329–4165; fax: (816) 329–
                                               the authority described in ‘‘Subtitle VII,                                                                     4090; email:
                                                                                                        (b) Affected ADs                                      jim.rutherford@faa.gov. Before using any
                                               Part A, Subpart III, Section 44701:
                                                                                                          None.                                               approved AMOC on any airplane to which
                                               General requirements.’’ Under that
                                                                                                        (c) Applicability                                     the AMOC applies, notify your appropriate
                                               section, Congress charges the FAA with                                                                         principal inspector (PI) in the FAA Flight
                                               promoting safe flight of civil aircraft in                  (1) This AD applies to Embraer S.A. Model          Standards District Office (FSDO), or lacking
                                               air commerce by prescribing regulations                  EMB–500 airplanes, serial numbers                     a PI, your local FSDO.
                                               for practices, methods, and procedures                   50000322, 50000324 through 50000328,
                                                                                                                                                                 (2) Airworthy Product: For any requirement
                                               the Administrator finds necessary for                    50000330 through 50000344, 50000346
                                                                                                        through 50000350, and 50000353,                       in this AD to obtain corrective actions from
                                               safety in air commerce. This regulation                  certificated in any category; and Embraer             a manufacturer or other source, use these
                                               is within the scope of that authority                    S.A. Model EMB–505 airplanes, serial                  actions if they are FAA-approved. Corrective
                                               because it addresses an unsafe condition                 numbers 50500004 through 50500215,                    actions are considered FAA-approved if they
                                               that is likely to exist or develop on                    50500217 through 50500245, 50500247                   are approved by the State of Design Authority
                                               products identified in this rulemaking                   through 50500255, 50500257 through                    (or their delegated agent). You are required
                                               action.                                                  50500259, 50500261 through 50500263,                  to assure the product is airworthy before it
                                                                                                        50500265, and 50500267, certificated in any           is returned to service.
                                               Regulatory Findings                                      category.                                                (3) Reporting Requirements: For any
                                                                                                           (2) The airplanes identified in paragraph          reporting requirement in this AD, a federal
                                                 We determined that this proposed AD
                                                                                                        (c)(1) of this AD had passenger seats installed       agency may not conduct or sponsor, and a
                                               would not have federalism implications                   at manufacturer as listed in Embraer S.A.             person is not required to respond to, nor
                                               under Executive Order 13132. This                        Service Bulletin (SB) No.: 500–25–0016,               shall a person be subject to a penalty for
                                               proposed AD would not have a                             dated December 8, 2015; or Embraer S.A. SB            failure to comply with a collection of
                                               substantial direct effect on the States, on              No.: 505–25–0020, dated December 8, 2015.             information subject to the requirements of
                                               the relationship between the national                    Since these are line replaceable units and the        the Paperwork Reduction Act unless that
                                               Government and the States, or on the                     unsafe condition of this AD was originated
                                                                                                                                                              collection of information displays a current
                                               distribution of power and                                during manufacturing, any passenger seat
                                                                                                                                                              valid OMB Control Number. The OMB
                                                                                                        replaced during routine maintenance is not
                                               responsibilities among the various                                                                             Control Number for this information
                                                                                                        affected by the actions of this AD.
                                               levels of government.                                                                                          collection is 2120–0056. Public reporting for
                                                 For the reasons discussed above, I                     (d) Subject                                           this collection of information is estimated to
                                               certify this proposed regulation:                          Air Transport Association of America                be approximately 5 minutes per response,
                                                 (1) Is not a ‘‘significant regulatory                  (ATA) Code 25: Equipment/Furnishing.                  including the time for reviewing instructions,
                                               action’’ under Executive Order 12866,                                                                          completing and reviewing the collection of
                                                                                                        (e) Reason                                            information. All responses to this collection
                                                 (2) Is not a ‘‘significant rule’’ under                   This AD was prompted by mandatory                  of information are mandatory. Comments
                                               the DOT Regulatory Policies and                          continuing airworthiness information (MCAI)           concerning the accuracy of this burden and
                                               Procedures (44 FR 11034, February 26,                    originated by an aviation authority of another        suggestions for reducing the burden should
                                               1979),                                                   country to identify and correct an unsafe             be directed to the FAA at: 800 Independence
                                                 (3) Will not affect intrastate aviation                condition on an aviation product. The MCAI            Ave. SW., Washington, DC 20591, Attn:
                                               in Alaska, and                                           describes the unsafe condition as incorrect           Information Collection Clearance Officer,
                                                                                                        installation of passenger seat attachment             AES–200.
                                                 (4) Will not have a significant
                                                                                                        fittings. We are issuing this proposed AD to
                                               economic impact, positive or negative,                   detect and correct improperly installed seat          (h) Related Information
                                               on a substantial number of small entities                attachment fittings, which could result in               Refer to MCAI Agência Nacional de
                                               under the criteria of the Regulatory                     seat damage causing injury to occupants               Aviação Civil (ANAC) AD No.: 2016–05–01,
                                               Flexibility Act.                                         during an emergency landing condition.                dated May 27, 2016, for related information.
                                               List of Subjects in 14 CFR Part 39                       (f) Actions and Compliance                            You may examine the MCAI on the Internet
                                                                                                           Unless already done, do the following              at http://www.regulations.gov by searching
                                                 Air transportation, Aircraft, Aviation                                                                       for and locating Docket No. FAA–2016–8160.
                                                                                                        actions in paragraphs (f)(1) and (2) of this AD
                                               safety, Incorporation by reference,                      following the Accomplishment Instructions             For service information related to this AD,
                                               Safety.                                                  in Embraer S.A. Service Bulletin (SB) No.:            contact Embraer—S.A., Phenom Maintenance
                                                                                                        500–25–0016, dated December 8, 2015; or               Support, Avenida Brigadeiro Faria Lima,
                                               The Proposed Amendment
                                                                                                        Embraer S.A. SB No.: 505–25–0020, dated               2170, São José dos Campos—SP—12227–901,
                                                 Accordingly, under the authority                       December 8, 2015, as applicable:                      P.O. Box 36/2, Brasil; phone: +55 12 3927
                                               delegated to me by the Administrator,                       (1) Within the next 30 months after the            1000; fax: +55 12 3927–2619; email:
                                               the FAA proposes to amend 14 CFR part                    effective date of this AD, inspect each               phenom.reliability@embraer.com.br; Internet:
                                               39 as follows:                                           applicable passenger seat for the correct             http://www.embraer.com.br/en-US/Pages/
                                                                                                        installation of attachment fittings.                  home.aspx. You may review this referenced
                                               PART 39—AIRWORTHINESS                                       (2) If any discrepancy is found during the         service information at the FAA, Small
                                                                                                        inspection required in paragraph (f)(1) of this       Airplane Directorate, 901 Locust, Kansas
                                               DIRECTIVES
                                                                                                        AD, before further flight, correct the                City, Missouri 64106. For information on the
                                                                                                        discrepancy.                                          availability of this material at the FAA, call
                                               ■ 1. The authority citation for part 39
                                               continues to read as follows:                            (g) Other FAA AD Provisions                           (816) 329–4148.
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                                                   Authority: 49 U.S.C. 106(g), 40113, 44701.              The following provisions also apply to this          Issued in Kansas City, Missouri, on June
                                                                                                        AD:                                                   28, 2016.
                                               § 39.13   [Amended]                                         (1) Alternative Methods of Compliance              Pat Mullen,
                                               ■ 2. The FAA amends § 39.13 by adding                    (AMOCs): The Manager, Standards Office,
                                                                                                                                                              Acting Manager, Small Airplane Directorate,
                                                                                                        FAA, has the authority to approve AMOCs
                                               the following new AD:                                    for this AD, if requested using the procedures
                                                                                                                                                              Aircraft Certification Service.
                                               Embraer S.A.: Docket No. FAA–2016–8160;                  found in 14 CFR 39.19. Send information to            [FR Doc. 2016–15871 Filed 7–6–16; 8:45 am]
                                                  Directorate Identifier 2016–CE–019–AD.                ATTN: Jim Rutherford, Aerospace Engineer,             BILLING CODE 4910–13–P




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Document Created: 2018-02-08 07:54:35
Document Modified: 2018-02-08 07:54:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by August 22, 2016.
ContactJim 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]
FR Citation81 FR 44238 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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