81 FR 74669 - Airworthiness Directives; Embraer S.A. Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 208 (October 27, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 208 (October 27, 2016)
| Page Range | 74669-74671 | |
| FR Document | 2016-25660 |
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)] [Rules and Regulations] [Pages 74669-74671] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25660] [[Page 74669]] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-8160; Directorate Identifier 2016-CE-019-AD; Amendment 39-18691; AD 2016-22-02] RIN 2120-AA64 Airworthiness Directives; Embraer S.A. Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for Embraer S.A. Models EMB-500 and 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 incorrect installation of passenger seat attachment fittings. We are issuing this AD to correct the unsafe condition on these products. DATES: This AD is effective December 1, 2016. The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of December 1, 2016. ADDRESSES: 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 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, 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 view 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. It is also available on the Internet at http://www.regulations.gov by searching for Docket No. FAA-2016-8160. 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: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to Embraer S.A. Models EMB-500 and EMB-505 airplanes. The NPRM was published in the Federal Register on July 7, 2016 (81 FR 44238). The NPRM proposed to correct an unsafe condition for the specified products and was based on mandatory continuing airworthiness information (MCAI) 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. The MCAI can be found in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2016-8160-0001. Comments We gave the public the opportunity to participate in developing this AD. The following presents the comments received on the NPRM and the FAA's response to each comment. Request To Withdraw the Proposed AD and Replace With SAIB Embraer S.A requested that the FAA withdraw this AD stating there is no data available considering the real seat dynamic strength if the fittings were not assembled in the correct way, as this wrong configuration was never tested during the seat certification process. The commenter stated that assuming the possible uncorrected seat fittings were installed, the unsafe condition would require a survivable crash landing to exist. Due to lack of better data and considering a total of six (6) hull losses in the fleet as being survivable crash landings, then the current fleet probability of a crash landing would be 1,15 X 10-5. Based on this consideration, Embraer understood that the probability of an unsafe condition would be extremely remote, therefore not justifying the issuance of an AD as per 14 CFR part 39 requirements. The commenter suggested that the issuance of a special airworthiness information bulletin (SAIB) would be more appropriate for a possible improper installation because, per FAA definition, the ``Special Airworthiness Information Bulletin (SAIB) is an information tool that alerts, educates, and makes recommendations to the aviation community. SAIBs contain non-regulatory information and guidance that does not meet the criteria for an AD.'' We don't agree because as part of the investigation into the Embraer request, the FAA contacted the Brazilian Airworthiness Authority, ANAC, to get their input as the certifying authority and originator of the original mandatory continuing airworthiness information (MCAI). ANAC reported that they had received similar comments from Embraer and had decided to go ahead and issue their AD. They justified this decision because there is no data indicating that a seat installation on which the aluminum and steel fittings have been switched would meet the static and dynamic criteria. They also reasoned that the seat assembly criteria for the current requirements are to provide a specific level of safety to the occupants in case of impact. Therefore, they disagreed with removing these safety features just because they would only be used in a crash landing event. After review of the Embraer request and the related comments from ANAC, the FAA has decided that we agree with ANAC and will not withdraw our proposed AD for this unsafe condition. Request To Change Wording for Passenger Seat Justin Collins requested that the FAA make changes to the wording of the proposed AD Applicability, paragraph (c)(2), which excludes ``any passenger seat replaced during routine maintenance.'' The commenter believes that a more appropriate phrase would be ``any passenger seat removed and reinstalled'' or ``any passenger seat that has been installed.'' The commenter states that the word `replaced' in the proposed AD infers a different part has been installed. We don't agree with adding the concept of `reinstallation' to the final rule. If the unsafe condition exists on the aircraft, it is possible that this seat could be removed and reinstalled without the fitting installation being corrected and thus still have the unsafe [[Page 74670]] condition. The Embraer S.A. Service Bulletin (SB) No. 500-25-0016, dated December 8, 2015, states in paragraph 1.A., that ``This effectivity list includes the aircraft originally equipped with the affected component. Since this component is a ``Line Replaceable Unit'' (LRU), it may be necessary to refer to the fleet maintenance control record and verify whether the unit has been replaced with another one during routine maintenance.'' The other referenced Embraer SB for the Model EMB-505 has a similar note. The point is that the unsafe condition originated during the manufacturing process of the seat assembly. If an affected seat is replaced with a different seat during subsequent maintenance, then the unsafe condition is no longer a factor as the new seat should be assembled according to correct instructions. For this reason, the FAA will not add the word `reinstall' to the final rule based on this comment. However, in order to better reflect the wording in the service information, we will add the words ``with another one'' after the word ``replaced'' and before the phrase ``during routine maintenance.'' Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD with the change described previously and minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the NPRM. We also determined that these changes will not increase the economic burden on any operator or increase the scope of the AD. Related Service Information Under 1 CFR Part 51 We reviewed Embraer S.A. Service Bulletin (SB) No.: 500-25-0016, dated December 8, 2015; and Embraer S.A. SB No.: 505-25-0020, dated December 8, 2015. The service information describes procedures for inspection of the passenger seat attachment fittings and correction to the fittings if necessary on the applicable airplane models. 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 the AD. Costs of Compliance We estimate that this 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 AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this 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 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 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. 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 the NPRM, 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 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: 2016-22-02 Embraer S.A.: Amendment 39-18691; Docket No. FAA-2016- 8160; Directorate Identifier 2016-CE-019-AD. (a) Effective Date This airworthiness directive (AD) becomes effective December 1, 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. [[Page 74671]] (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 with another one 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 December 1, 2016 (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 following the applicable service information or using FAA-approved procedures. (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, only 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 in the AD docket on the Internet at: https://www.regulations.gov/document?D=FAA-2016-8160-0001. (i) 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. (i) Embraer S.A. Service Bulletin (SB) No.: 500-25-0016, dated December 8, 2015. (ii) Embraer S.A. SB No.: 505-25-0020, dated December 8, 2015. (3) For Embraer S.A. service information identified in 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. (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. In addition, you can access this service information on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-8160. (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 October 17, 2016. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-25660 Filed 10-26-16; 8:45 am] BILLING CODE 4910-13-P
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DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Jim consideration, Embraer understood that
Rutherford, Aerospace Engineer, FAA, the probability of an unsafe condition
Federal Aviation Administration Small Airplane Directorate, 901 Locust, would be extremely remote, therefore
Room 301, Kansas City, Missouri 64106; not justifying the issuance of an AD as
14 CFR Part 39 telephone: (816) 329–4165; fax: (816) per 14 CFR part 39 requirements.
329–4090; email: jim.rutherford@ The commenter suggested that the
[Docket No. FAA–2016–8160; Directorate faa.gov. issuance of a special airworthiness
Identifier 2016–CE–019–AD; Amendment information bulletin (SAIB) would be
39–18691; AD 2016–22–02] SUPPLEMENTARY INFORMATION:
more appropriate for a possible
Discussion improper installation because, per FAA
RIN 2120–AA64 definition, the ‘‘Special Airworthiness
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR Information Bulletin (SAIB) is an
Airworthiness Directives; Embraer S.A.
part 39 by adding an AD that would information tool that alerts, educates,
Airplanes
apply to Embraer S.A. Models EMB–500 and makes recommendations to the
AGENCY: Federal Aviation and EMB–505 airplanes. The NPRM was aviation community. SAIBs contain
Administration (FAA), Department of published in the Federal Register on non-regulatory information and
Transportation (DOT). guidance that does not meet the criteria
July 7, 2016 (81 FR 44238). The NPRM
ACTION: Final rule. for an AD.’’
proposed to correct an unsafe condition
We don’t agree because as part of the
for the specified products and was investigation into the Embraer request,
SUMMARY: We are adopting a new based on mandatory continuing
airworthiness directive (AD) for the FAA contacted the Brazilian
airworthiness information (MCAI) Airworthiness Authority, ANAC, to get
Embraer S.A. Models EMB–500 and originated by an aviation authority of
EMB–505 airplanes. This AD results their input as the certifying authority
another country. The MCAI states: and originator of the original mandatory
from mandatory continuing
airworthiness information (MCAI) There is the possibility that certain continuing airworthiness information
issued by an aviation authority of attachment fittings of passenger seats have (MCAI). ANAC reported that they had
been incorrectly installed. This AD results received similar comments from
another country to identify and correct from a determination that the passenger seat
an unsafe condition on an aviation Embraer and had decided to go ahead
on which the attachment fittings were
product. The MCAI describes the unsafe improperly installed may not meet certain
and issue their AD. They justified this
condition as incorrect installation of static strength, and dynamic strength criteria. decision because there is no data
passenger seat attachment fittings. We Failure to meet static and dynamic strength indicating that a seat installation on
are issuing this AD to correct the unsafe criteria could result in injuries to the which the aluminum and steel fittings
condition on these products. occupants during an emergency landing have been switched would meet the
DATES: This AD is effective December 1,
condition. static and dynamic criteria. They also
This AD requires the inspection of each reasoned that the seat assembly criteria
2016. passenger seat for the correct installation of
The Director of the Federal Register for the current requirements are to
the attachment fittings and correction, if provide a specific level of safety to the
approved the incorporation by reference necessary.
of certain publications listed in the AD occupants in case of impact. Therefore,
The MCAI can be found in the AD they disagreed with removing these
as of December 1, 2016.
docket on the Internet at: https:// safety features just because they would
ADDRESSES: You may examine the AD www.regulations.gov/ only be used in a crash landing event.
docket on the Internet at http:// document?D=FAA-2016-8160-0001. After review of the Embraer request and
www.regulations.gov by searching for the related comments from ANAC, the
and locating Docket No. FAA–2016– Comments
FAA has decided that we agree with
8160; or in person at Document We gave the public the opportunity to ANAC and will not withdraw our
Management Facility, U.S. Department participate in developing this AD. The proposed AD for this unsafe condition.
of Transportation, Docket Operations, following presents the comments
M–30, West Building Ground Floor, received on the NPRM and the FAA’s Request To Change Wording for
Room W12–140, 1200 New Jersey response to each comment. Passenger Seat
Avenue SE., Washington, DC 20590. Justin Collins requested that the FAA
For service information identified in Request To Withdraw the Proposed AD
make changes to the wording of the
this AD, contact Embraer—S.A., and Replace With SAIB
proposed AD Applicability, paragraph
Phenom Maintenance Support, Avenida Embraer S.A requested that the FAA (c)(2), which excludes ‘‘any passenger
Brigadeiro Faria Lima, 2170, São José withdraw this AD stating there is no seat replaced during routine
dos Campos—SP—12227–901, P.O. Box data available considering the real seat maintenance.’’ The commenter believes
36/2, Brasil; phone: +55 12 3927 1000; dynamic strength if the fittings were not that a more appropriate phrase would be
fax: +55 12 3927–2619; email: assembled in the correct way, as this ‘‘any passenger seat removed and
phenom.reliability@embraer.com.br; wrong configuration was never tested reinstalled’’ or ‘‘any passenger seat that
Internet: http://www.embraer.com.br/ during the seat certification process. has been installed.’’
en-US/Pages/home.aspx. You may view The commenter stated that assuming the The commenter states that the word
this referenced service information at possible uncorrected seat fittings were ‘replaced’ in the proposed AD infers a
the FAA, Small Airplane Directorate, installed, the unsafe condition would different part has been installed.
jstallworth on DSK7TPTVN1PROD with RULES
901 Locust, Kansas City, Missouri require a survivable crash landing to We don’t agree with adding the
64106. For information on the exist. Due to lack of better data and concept of ‘reinstallation’ to the final
availability of this material at the FAA, considering a total of six (6) hull losses rule. If the unsafe condition exists on
call (816) 329–4148. It is also available in the fleet as being survivable crash the aircraft, it is possible that this seat
on the Internet at http:// landings, then the current fleet could be removed and reinstalled
www.regulations.gov by searching for probability of a crash landing would be without the fitting installation being
Docket No. FAA–2016–8160. 1,15 X 10–5. Based on this corrected and thus still have the unsafe
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condition. The Embraer S.A. Service Costs of Compliance (3) Will not affect intrastate aviation
Bulletin (SB) No. 500–25–0016, dated We estimate that this AD will affect in Alaska, and
December 8, 2015, states in paragraph 203 products of U.S. registry. We also (4) Will not have a significant
1.A., that ‘‘This effectivity list includes estimate that it would take about 4 economic impact, positive or negative,
the aircraft originally equipped with the work-hours per product to comply with on a substantial number of small entities
affected component. Since this the basic requirements of this AD. The under the criteria of the Regulatory
component is a ‘‘Line Replaceable Unit’’ average labor rate is $85 per work-hour. Flexibility Act.
(LRU), it may be necessary to refer to the Based on these figures, we estimate Examining the AD Docket
fleet maintenance control record and the cost of this AD on U.S. operators to
verify whether the unit has been You may examine the AD docket on
be $69,020, or $340 per product.
replaced with another one during the Internet at http://
In addition, we estimate that any
routine maintenance.’’ The other www.regulations.gov by searching for
necessary follow-on actions would take
referenced Embraer SB for the Model and locating Docket No. FAA–2016–
about 6 work-hours for a cost of $510
EMB–505 has a similar note. The point 8160; or in person at the Docket
per product. We have no way of
is that the unsafe condition originated Management Facility between 9 a.m.
determining the number of products
during the manufacturing process of the and 5 p.m., Monday through Friday,
that may need these actions.
seat assembly. If an affected seat is except Federal holidays. The AD docket
According to the manufacturer, all of
replaced with a different seat during contains the NPRM, the regulatory
the costs of this AD may be covered
subsequent maintenance, then the evaluation, any comments received, and
under warranty, thereby reducing the
unsafe condition is no longer a factor as other information. The street address for
cost impact on affected individuals. We
the new seat should be assembled the Docket Office (telephone (800) 647–
do not control warranty coverage for
according to correct instructions. For 5527) is in the ADDRESSES section.
affected individuals. As a result, we
this reason, the FAA will not add the Comments will be available in the AD
have included all costs in our cost
word ‘reinstall’ to the final rule based docket shortly after receipt.
estimate.
on this comment. However, in order to List of Subjects in 14 CFR Part 39
better reflect the wording in the service Authority for This Rulemaking
information, we will add the words Air transportation, Aircraft, Aviation
Title 49 of the United States Code
‘‘with another one’’ after the word safety, Incorporation by reference,
specifies the FAA’s authority to issue
‘‘replaced’’ and before the phrase Safety.
rules on aviation safety. Subtitle I,
‘‘during routine maintenance.’’ section 106, describes the authority of Adoption of the Amendment
Conclusion the FAA Administrator. ‘‘Subtitle VII: Accordingly, under the authority
Aviation Programs,’’ describes in more delegated to me by the Administrator,
We reviewed the relevant data, detail the scope of the Agency’s the FAA amends 14 CFR part 39 as
considered the comments received, and authority. follows:
determined that air safety and the We are issuing this rulemaking under
public interest require adopting the AD the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS
with the change described previously Part A, Subpart III, Section 44701: DIRECTIVES
and minor editorial changes. We have General requirements.’’ Under that
determined that these minor changes: section, Congress charges the FAA with ■ 1. The authority citation for part 39
• Are consistent with the intent that promoting safe flight of civil aircraft in continues to read as follows:
was proposed in the NPRM for air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701.
correcting the unsafe condition; and for practices, methods, and procedures
• Do not add any additional burden the Administrator finds necessary for § 39.13 [Amended]
upon the public than was already safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding
proposed in the NPRM. is within the scope of that authority the following new AD:
because it addresses an unsafe condition
We also determined that these that is likely to exist or develop on 2016–22–02 Embraer S.A.: Amendment 39–
changes will not increase the economic 18691; Docket No. FAA–2016–8160;
products identified in this rulemaking Directorate Identifier 2016–CE–019–AD.
burden on any operator or increase the action.
scope of the AD. (a) Effective Date
Regulatory Findings
Related Service Information Under 1 This airworthiness directive (AD) becomes
CFR Part 51 We determined that this AD will not effective December 1, 2016.
have federalism implications under (b) Affected Ads
We reviewed Embraer S.A. Service Executive Order 13132. This AD will
Bulletin (SB) No.: 500–25–0016, dated not have a substantial direct effect on None.
December 8, 2015; and Embraer S.A. SB the States, on the relationship between (c) Applicability
No.: 505–25–0020, dated December 8, the national government and the States, (1) This AD applies to Embraer S.A. Model
2015. The service information describes or on the distribution of power and EMB–500 airplanes, serial numbers
procedures for inspection of the responsibilities among the various 50000322, 50000324 through 50000328,
passenger seat attachment fittings and levels of government. 50000330 through 50000344, 50000346
correction to the fittings if necessary on For the reasons discussed above, I through 50000350, and 50000353,
jstallworth on DSK7TPTVN1PROD with RULES
the applicable airplane models. This certify this AD: certificated in any category; and Embraer
service information is reasonably (1) Is not a ‘‘significant regulatory S.A. Model EMB–505 airplanes, serial
numbers 50500004 through 50500215,
available because the interested parties action’’ under Executive Order 12866, 50500217 through 50500245, 50500247
have access to it through their normal (2) Is not a ‘‘significant rule’’ under through 50500255, 50500257 through
course of business or by the means the DOT Regulatory Policies and 50500259, 50500261 through 50500263,
identified in the ADDRESSES section of Procedures (44 FR 11034, February 26, 50500265, and 50500267, certificated in any
the AD. 1979), category.
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![Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations 74671
(2) The airplanes identified in paragraph agent). You are required to assure the product Issued in Kansas City, Missouri, on
(c)(1) of this AD had passenger seats installed is airworthy before it is returned to service. October 17, 2016.
at manufacturer as listed in Embraer S.A. (3) Reporting Requirements: For any Pat Mullen,
Service Bulletin (SB) No.: 500–25–0016, reporting requirement in this AD, a federal
Acting Manager, Small Airplane Directorate,
dated December 8, 2015; or Embraer S.A. SB agency may not conduct or sponsor, and a
Aircraft Certification Service.
No.: 505–25–0020, dated December 8, 2015. person is not required to respond to, nor
shall a person be subject to a penalty for [FR Doc. 2016–25660 Filed 10–26–16; 8:45 am]
Since these are line replaceable units and the
unsafe condition of this AD was originated failure to comply with a collection of BILLING CODE 4910–13–P
during manufacturing, any passenger seat information subject to the requirements of
replaced with another one during routine the Paperwork Reduction Act unless that
maintenance is not affected by the actions of collection of information displays a current DEPARTMENT OF TRANSPORTATION
this AD. valid OMB Control Number. The OMB
Control Number for this information Federal Aviation Administration
(d) Subject collection is 2120–0056. Public reporting for
Air Transport Association of America this collection of information is estimated to 14 CFR Part 91
(ATA) Code 25: Equipment/Furnishing. be approximately 5 minutes per response,
including the time for reviewing instructions, [Docket No.: FAA–2014–0225; Amdt. No.
(e) Reason completing and reviewing the collection of 91–331D]
This AD was prompted by mandatory information. All responses to this collection
RIN 2120–AK92
continuing airworthiness information (MCAI) of information are mandatory. Comments
originated by an aviation authority of another concerning the accuracy of this burden and
Extension of the Prohibition Against
country to identify and correct an unsafe suggestions for reducing the burden should
condition on an aviation product. The MCAI be directed to the FAA at: 800 Independence Certain Flights in the Simferopol
describes the unsafe condition as incorrect Ave. SW., Washington, DC 20591, Attn: (UKFV) and Dnipropetrovsk (UKDV)
installation of passenger seat attachment Information Collection Clearance Officer, Flight Information Regions (FIRs)
fittings. We are issuing this proposed AD to AES–200.
detect and correct improperly installed seat
AGENCY: Federal Aviation
attachment fittings, which could result in (h) Related Information Administration (FAA), Department of
seat damage causing injury to occupants Refer to MCAI Agência Nacional de Transportation (DOT).
during an emergency landing condition. Aviação Civil (ANAC) AD No.: 2016–05–01, ACTION: Final rule.
dated May 27, 2016, for related information.
(f) Actions and Compliance You may examine the MCAI in the AD SUMMARY: This action extends the
Unless already done, do the following docket on the Internet at: https:// prohibition against certain flight
actions in paragraphs (f)(1) and (2) of this AD www.regulations.gov/document?D=FAA- operations in the Simferopol (UKFV)
following the Accomplishment Instructions 2016-8160-0001. and Dnipropetrovsk (UKDV) flight
in Embraer S.A. Service Bulletin (SB) No.:
500–25–0016, dated December 8, 2015; or (i) Material Incorporated by Reference information regions (FIRs) by all United
Embraer S.A. SB No.: 505–25–0020, dated (1) The Director of the Federal Register States (U.S.) air carriers; U.S.
December 8, 2015, as applicable: approved the incorporation by reference commercial operators; persons
(1) Within the next 30 months after (IBR) of the service information listed in this exercising the privileges of a U.S.
December 1, 2016 (the effective date of this paragraph under 5 U.S.C. 552(a) and 1 CFR airman certificate, except when such
AD), inspect each applicable passenger seat part 51. persons are operating a U.S.-registered
for the correct installation of attachment (2) You must use this service information aircraft for a foreign air carrier; and
fittings. as applicable to do the actions required by operators of U.S.-registered civil aircraft,
(2) If any discrepancy is found during the this AD, unless the AD specifies otherwise.
(i) Embraer S.A. Service Bulletin (SB) No.:
except when such operators are foreign
inspection required in paragraph (f)(1) of this
AD, before further flight, correct the 500–25–0016, dated December 8, 2015. air carriers. The FAA finds this action
discrepancy following the applicable service (ii) Embraer S.A. SB No.: 505–25–0020, to be necessary to address a continuing
information or using FAA-approved dated December 8, 2015. hazard to persons and aircraft engaged
procedures. (3) For Embraer S.A. service information in such flight operations.
identified in this AD, contact Embraer—S.A., DATES: This final rule is effective on
(g) Other FAA AD Provisions Phenom Maintenance Support, Avenida October 27, 2016.
The following provisions also apply to this Brigadeiro Faria Lima, 2170, São José dos
AD: Campos—SP—12227–901, P.O. Box 36/2, FOR FURTHER INFORMATION CONTACT:
(1) Alternative Methods of Compliance Brasil; phone: +55 12 3927 1000; fax: +55 12 Michael Filippell, Air Transportation
(AMOCs): The Manager, Standards Office, 3927–2619; email: phenom.reliability@ Division, AFS–220, Flight Standards
FAA, has the authority to approve AMOCs embraer.com.br; Internet: http:// Service, Federal Aviation
for this AD, if requested using the procedures www.embraer.com.br/en-US/Pages/ Administration, 800 Independence
found in 14 CFR 39.19. Send information to home.aspx. Avenue SW., Washington, DC 20591;
ATTN: Jim Rutherford, Aerospace Engineer, (4) You may view this service information telephone: 202–267–8166; email:
FAA, Small Airplane Directorate, 901 Locust, at the FAA, Small Airplane Directorate, 901
michael.e.filippell@faa.gov.
Room 301, Kansas City, Missouri 64106; Locust, Kansas City, Missouri 64106. For
telephone: (816) 329–4165; fax: (816) 329– information on the availability of this SUPPLEMENTARY INFORMATION:
4090; email: jim.rutherford@faa.gov. Before material at the FAA, call (816) 329–4148. In
I. Executive Summary
using any approved AMOC on any airplane addition, you can access this service
to which the AMOC applies, notify your information on the Internet at http:// This action continues the prohibition
appropriate principal inspector (PI) in the www.regulations.gov by searching for and on flight operations in the Simferopol
FAA Flight Standards District Office (FSDO), locating Docket No. FAA–2016–8160. (UKFV) and Dnipropetrovsk (UKDV)
jstallworth on DSK7TPTVN1PROD with RULES
or lacking a PI, your local FSDO. (5) You may view this service information FIRs by all U.S. air carriers; U.S.
(2) Airworthy Product: For any requirement that is incorporated by reference at the
commercial operators; persons
in this AD to obtain corrective actions from National Archives and Records
a manufacturer or other source, only use Administration (NARA). For information on exercising the privileges of a U.S.
these actions if they are FAA-approved. the availability of this material at NARA, call airman certificate, except when such
Corrective actions are considered FAA- 202–741–6030, or go to: http:// persons are operating a U.S.-registered
approved if they are approved by the State www.archives.gov/federal-register/cfr/ibr- aircraft for a foreign air carrier; and
of Design Authority (or their delegated locations.html. operators of U.S.-registered civil aircraft,
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Document Created: 2016-10-27 01:52:43
Document Modified: 2016-10-27 01:52:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective December 1, 2016. | |
| 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] | |
| FR Citation | 81 FR 74669 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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