82_FR_57403 82 FR 57172 - Airworthiness Directives; Embraer S.A. Airplanes

82 FR 57172 - Airworthiness Directives; Embraer S.A. Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 82, Issue 231 (December 4, 2017)

Page Range57172-57174
FR Document2017-25888

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 improperly tied castle nuts on the aileron, rudder, and elevator trim tab (or autotab) attachment bolts. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

Federal Register, Volume 82 Issue 231 (Monday, December 4, 2017)
[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Proposed Rules]
[Pages 57172-57174]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25888]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1119; Product Identifier 2017-CE-037-AD]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

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

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 improperly tied castle nuts on the aileron, 
rudder, and elevator trim tab (or autotab) attachment bolts. 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 January 18, 
2018.

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: 
phenom.reliability@embraer.com.br; Internet: http://www.embraer.com.br/en-US/Pages/home.aspx. You may review this referenced service 
information at the FAA, Policy and Innovation Division, 901 Locust, 
Kansas City, Missouri 64106. For information

[[Page 57173]]

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-2017-
1119; 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 Standards Branch, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; 
email: jim.rutherford@faa.gov.

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-2017-1119; 
Product Identifier 2017-CE-037-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.: 2017-11-
01, dated November 10, 2017 (referred to after this as ``the MCAI''), 
to correct an unsafe condition for Embraer S.A. Models EMB-500 and EMB-
505 airplanes. The MCAI states:

    This [ANAC] AD results of a report of one airplane having 
improperly tied castle nut on the aileron, rudder and elevator trim 
tab (or autotab) attachment bolts. A disconnected surface may cause 
an increase in dynamic loads and probable flutter, which may cause 
structural failure and possible loss of control of the airplane.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action is required. 
Thus, sufficient reason exists to request compliance with this 
[ANAC] AD in the indicated time limit without prior notice.

You may examine the MCAI on the Internet at http://www.regulations.gov 
by searching for and locating Docket No. FAA-2017-1119.

Related Service Information Under 1 CFR Part 51

    Embraer S.A. has issued PHENOM by Embraer Alert Service Bulletin 
500-27-A026, Revision 1, dated October 6, 2017; and PHENOM by Embraer 
Alert Service Bulletin 505-27-A028, Revision 2, dated October 6, 2017. 
For the applicable models, the service information describes procedures 
for inspection of the aileron trim tab, rudder trim tab, and elevator 
trim tab, and, if required, application of torque and installation of a 
cotter pin. 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 114 products of U.S. 
registry. We also estimate that it would take about 1 work-hour 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 $9,690, or $85 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 3 work-hours and require parts costing $50, for a cost of 
$305 per product. We have no way of determining the number of products 
that may need these actions.

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to small airplanes, gliders, and domestic business jet transport 
airplanes to the Director of the Policy and Innovation Division.

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.

[[Page 57174]]

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-2017-1119; Product Identifier 2017-CE-
037-AD.

(a) Comments Due Date

    We must receive comments by January 18, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Models EMB-500 and EMB-505 
airplanes, serial numbers 50000246, 50000267, 50000286, 50000289, 
50000291, 50000299, 50000304, 50000305, 50000306, 50000310, 
50000348, 50000359, 50000368, 50000370, 50000372, 50000376, 
50000377, 50000378, 50000379, 50000380, 50500118, 50500122, 
50500148, 50500151, 50500167, 50500176, 50500179, 50500185, 
50500188, 50500191, 50500197, 50500203, 50500207, 50500209, 
50500212, 50500214, 50500215, 50500219, 50500225, 50500226, 
50500231, 50500242, 50500244, 50500246, 50500248, 50500250, 
50500256, 50500260, 50500266, 50500273, 50500275, 50500277, 
50500280, 50500282, 50500285, 50500287, 50500288, 50500289, 
50500292, 50500293, 50500294, 50500296, 50500297, 50500298, 
50500300, 50500302, 50500304, 50500306, 50500309, 50500311, 
50500317, 50500318, 50500323, 50500328, 50500331, 50500333, 
50500335, 50500338, 50500340, 50500344, 50500345, 50500348, 
50500351, 50500357, 50500361, 50500362, 50500363, 50500364, 
50500365, 50500367, 50500368, 50500371, 50500372, 50500379, 
50500381, 50500382, 50500385, 50500386, 50500390, 50500391, 
50500394, 50500395, 50500397, 50500398, 50500399, 50500400, 
50500402, 50500403, 50500404, 50500407, 50500410, 50500415, 
50500418, and 50500424, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 27: Flight 
Controls.

(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 improperly tied 
castle nuts on the aileron, rudder and elevator trim tab (or 
autotab) attachment bolts. We are issuing this proposed AD to 
inspect the aileron trim tab, rudder trim tab and elevator trim tab 
(or autotab), and correct any discrepancy, which if not corrected, 
may cause an increase in dynamic loads and possible flutter, leading 
to structural failure and loss of control.

(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 PHENOM by Embraer Alert Service Bulletin (SB) No.: 500-27-A026, 
Revision 1, dated October 6, 2017; or PHENOM by Embraer Alert SB 
No.: 505-27-A028, Revision 2, dated October 6, 2017, as applicable:
    (1) Within the next 25 hours time in service (TIS) after the 
effective date of this AD or within the next 12 months after the 
effective date of this AD, whichever occurs first, inspect the 
aileron trim tab, rudder trim tab, and elevator trim tab attachment 
points to make sure the cotter pin is installed on the castle nut of 
the attaching bolts.
    (2) If any discrepancy is found during the inspection required 
in paragraph (f)(1) of this AD, before further flight, correct the 
discrepancy.

(g) Credit for Actions Accomplished in Accordance With Previous Service 
Information

    This AD allows credit for the actions required in paragraph (f) 
of this AD if done before the effective date of this AD following 
PHENOM by Embraer Alert SB No. 500-27-A026, original issue, dated 
September 29, 2017; PHENOM by Embraer Alert SB No. 505-27-A028, 
original issue, dated September 28, 2017; or PHENOM by Embraer Alert 
SB 505-27-A028, Revision 01, dated September 29, 2017; as 
applicable.

(h) Reporting Requirement

    Although PHENOM by Embraer Alert SB No.: 500-27-A026, Revision 
1, dated October 6, 2017; and PHENOM by Embraer Alert SB No.: 505-
27-A028, Revision 2, dated October 6, 2017; specify to submit 
certain information to the manufacturer, this AD does not require 
that action.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Small Airplane Standards Branch, 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 Standards Branch, 901 Locust, Room 301, Kansas 
City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-
4090; email: jim.rutherford@faa.gov. Before using any approved AMOC 
on any airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, Small Airplane 
Standards Branch, FAA; or Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority 
for Brazil.

(j) Related Information

    Refer to MCAI Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), which is the aviation authority for Brazil, AD No.: 
2017-11-01, dated November 10, 2017; PHENOM by Embraer Alert Service 
Bulletin (SB) No.: 500-27-A026, Revision 1, dated October 6, 2017; 
and PHENOM by Embraer Alert SB No.: 505-27-A028, Revision 2, dated 
October 6, 2017, for related information. You may examine the MCAI 
on the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-1119. 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: 
phenom.reliability@embraer.com.br; Internet: http://www.embraer.com.br/en-US/Pages/home.aspx. You may review this 
referenced service information at the FAA, Policy and Innovation 
Division, 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 November 21, 2017.
Melvin J. Johnson,
Deputy Director, Policy & Innovation Division, Aircraft Certification 
Service.
[FR Doc. 2017-25888 Filed 12-1-17; 8:45 am]
 BILLING CODE 4910-13-P



                                                 57172                 Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Proposed Rules

                                                 the month. The report shall be                            (6) All the inventory committed                     DEPARTMENT OF TRANSPORTATION
                                                 submitted to the Council on APC Form                    (pecans not shipped, but sold or
                                                 1 and contain the following information:                otherwise obligated) whether for                      Federal Aviation Administration
                                                   (1) The name and address of the                       domestic sale or export; and,
                                                 handler;                                                  (7) The weight of all shelled or inshell            14 CFR Part 39
                                                   (2) The month covered by the report;                  pecans under contract for purchase from               [Docket No. FAA–2017–1119; Product
                                                   (3) The total weight and type of                      other handlers.                                       Identifier 2017–CE–037–AD]
                                                 inshell pecans received, and the weight                   (b) Exports by country of destination.
                                                 by variety for improved pecans received                                                                       RIN 2120–AA64
                                                                                                         Handlers shall submit to the Council, by
                                                 during the reporting period;                            the tenth day of the month following the
                                                   (4) The total weight and type of                                                                            Airworthiness Directives; Embraer S.A.
                                                                                                         month of shipment, a report of exports.               Airplanes
                                                 inshell pecans received, and the weight                 Should the tenth day of the month fall
                                                 by variety for improved pecans received                 on a weekend or holiday, reports are                  AGENCY: Federal Aviation
                                                 year to date; and,                                      due by the first business day following               Administration (FAA), Department of
                                                   (5) Assessments due on pecans                         the tenth day of the month. The report                Transportation (DOT).
                                                 received during the reporting period to                 shall be reported to the Council on APC               ACTION: Notice of proposed rulemaking
                                                 be paid by the due date of the report.                  Form 3 and contain the following                      (NPRM).
                                                   (b) Pecans purchased outside the
                                                                                                         information:
                                                 United States. Handlers shall submit to                                                                       SUMMARY:   We propose to adopt a new
                                                 the Council, by the tenth day of the                      (1) The name and address of the
                                                                                                         handler;                                              airworthiness directive (AD) for
                                                 month, a summary report of shelled and                                                                        Embraer S.A. Models EMB–500 and
                                                 inshell pecans imported during the                        (2) The month covered by the report;
                                                                                                                                                               EMB–505 airplanes. This proposed AD
                                                 preceding month. Should the tenth day                     (3) The total weight of pecans shipped              results from mandatory continuing
                                                 of the month fall on a weekend or                       for export, whether inshell, shelled, or              airworthiness information (MCAI)
                                                 holiday, reports are due by the first                   substandard during the reporting                      originated by an aviation authority of
                                                 business day following the tenth day of                 period;                                               another country to identify and correct
                                                 the month. The report shall be                            (4) The total weight of pecans shipped              an unsafe condition on an aviation
                                                 submitted to the Council on APC Form                    for export, whether inshell, shelled, or              product. The MCAI describes the unsafe
                                                 6 and contain the following information:                substandard during the previous period                condition as improperly tied castle nuts
                                                   (1) The name and address of the                       and year to date; and,                                on the aileron, rudder, and elevator trim
                                                 handler;                                                  (5) The destination(s) of such exports.             tab (or autotab) attachment bolts. We are
                                                   (1) The month covered by the report;                    (c) Inshell pecans exported to Mexico               issuing this proposed AD to require
                                                   (3) The date the pecans were                          for shelling and returned to the United               actions to address the unsafe condition
                                                 imported;                                               States as shelled meats. Handlers shall               on these products.
                                                   (4) The country of origin; and,                       submit to the Council, by the tenth day               DATES: We must receive comments on
                                                   (5) The total weight of shelled and                   of the month following the month of                   this proposed AD by January 18, 2018.
                                                 inshell pecans received, and the weight                 shipment, a report of all inshell pecans
                                                 by variety for improved pecans                                                                                ADDRESSES: You may send comments by
                                                                                                         exported to Mexico for shelling and                   any of the following methods:
                                                 received.                                               returned to the United States as shelled
                                                 ■ 3. Add § 986.178 to Subpart B—                                                                                 • Federal eRulemaking Portal: Go to
                                                                                                         pecans. Should the tenth day of the                   http://www.regulations.gov. Follow the
                                                 Administrative Provisions to read as                    month fall on a weekend or holiday,
                                                 follows:                                                                                                      instructions for submitting comments.
                                                                                                         reports are due by the first business day                • Fax: (202) 493–2251.
                                                 § 986.178   Other reports                               following the tenth day of the month.                    • Mail: U.S. Department of
                                                                                                         The report shall be submitted to the                  Transportation, Docket Operations,
                                                   (a) Report of shipments and inventory
                                                                                                         Council on APC Form 5 and contain the                 M–30, West Building Ground Floor,
                                                 on hand. Handlers shall submit to the
                                                                                                         following information:                                Room W12–140, 1200 New Jersey
                                                 Council, by the tenth day of the month
                                                 following the month of activity, a report                 (1) The name and address of the                     Avenue SE., Washington, DC 20590.
                                                 of all shipments, inventory, and                        handler;                                                 • Hand Delivery: U.S. Department of
                                                 committed inventory for pecans. Should                    (2) The month covered by the report;                Transportation, Docket Operations,
                                                 the tenth day of the month fall on a                      (3) The date of inshell shipment(s);                M–30, West Building Ground Floor,
                                                 weekend or holiday, reports are due by                    (4) The weight of pecans exported for               Room W12–140, 1200 New Jersey
                                                 the first business day following the                    shelling;                                             Avenue SE., Washington, DC 20590,
                                                 tenth day of the month. The report shall                  (5) The date shelled pecans returned                between 9 a.m. and 5 p.m., Monday
                                                 be submitted to the Council on APC                      to the United States after shelling;                  through Friday, except Federal holidays.
                                                 Form 2 and contain the following                          (6) The weight of shelled pecans                       For service information identified in
                                                 information:                                            returned to the United States after                   this proposed AD, contact Embraer S.A.,
                                                   (1) The name and address of the                       shelling; and                                         Phenom Maintenance Support, Avenida
                                                 handler;                                                  (7) The total weight of inshell pecans              Brigadeiro Faria Lima, 2170, São José
                                                   (2) The month covered by the report;                  exported to Mexico for shelling, and                  dos Campos—SP—12227–901, P.O. Box
                                                   (3) The weight of all shipments of                    shelled pecans returned from Mexico,                  36/2, Brasil; phone: +55 12 3927 1000;
ethrower on DSK3G9T082PROD with PROPOSALS




                                                 pecans, inshell and shelled, and inter-                 year to date.                                         fax: +55 12 3927–2619; email:
                                                 handler transfers shipped and received                                                                        phenom.reliability@embraer.com.br;
                                                 during the reporting period;                              Dated: November 22, 2017.                           Internet: http://www.embraer.com.br/
                                                   (4) The weight of all shipments of                    Bruce Summers,                                        en-US/Pages/home.aspx. You may
                                                 pecans, inshell and shelled, and inter-                 Acting Administrator, Agricultural Marketing          review this referenced service
                                                 handler transfers shipped and received                  Service.                                              information at the FAA, Policy and
                                                 in the previous month and year to date;                 [FR Doc. 2017–25738 Filed 12–1–17; 8:45 am]           Innovation Division, 901 Locust, Kansas
                                                   (5) Total inventory held by handler;                  BILLING CODE 3410–02–P                                City, Missouri 64106. For information


                                            VerDate Sep<11>2014   16:46 Dec 01, 2017   Jkt 244001   PO 00000   Frm 00009   Fmt 4702   Sfmt 4702   E:\FR\FM\04DEP1.SGM   04DEP1


                                                                       Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Proposed Rules                                            57173

                                                 on the availability of this material at the             structural failure and possible loss of control       Authority for This Rulemaking
                                                 FAA, call (816) 329–4148.                               of the airplane.
                                                                                                            Since this condition may occur in other               Title 49 of the United States Code
                                                 Examining the AD Docket                                 airplanes of the same type and affects flight         specifies the FAA’s authority to issue
                                                                                                         safety, a corrective action is required. Thus,        rules on aviation safety. Subtitle I,
                                                    You may examine the AD docket on                     sufficient reason exists to request compliance
                                                 the Internet at http://                                                                                       section 106, describes the authority of
                                                                                                         with this [ANAC] AD in the indicated time
                                                 www.regulations.gov by searching for                    limit without prior notice.                           the FAA Administrator. ‘‘Subtitle VII:
                                                 and locating Docket No. FAA–2017–                                                                             Aviation Programs,’’ describes in more
                                                                                                         You may examine the MCAI on the                       detail the scope of the Agency’s
                                                 1119; or in person at the Docket                        Internet at http://www.regulations.gov
                                                 Management Facility between 9 a.m.                                                                            authority.
                                                                                                         by searching for and locating Docket No.
                                                 and 5 p.m., Monday through Friday,                      FAA–2017–1119.                                           We are issuing this rulemaking under
                                                 except Federal holidays. The AD docket                                                                        the authority described in ‘‘Subtitle VII,
                                                 contains this proposed AD, the                          Related Service Information Under 1                   Part A, Subpart III, Section 44701:
                                                 regulatory evaluation, any comments                     CFR Part 51                                           General requirements.’’ Under that
                                                 received, and other information. The                       Embraer S.A. has issued PHENOM by                  section, Congress charges the FAA with
                                                 street address for the Docket Office                    Embraer Alert Service Bulletin 500–27–                promoting safe flight of civil aircraft in
                                                 (telephone (800) 647–5527) is in the                    A026, Revision 1, dated October 6,                    air commerce by prescribing regulations
                                                 ADDRESSES section. Comments will be                     2017; and PHENOM by Embraer Alert                     for practices, methods, and procedures
                                                 available in the AD docket shortly after                Service Bulletin 505–27–A028, Revision                the Administrator finds necessary for
                                                 receipt.                                                2, dated October 6, 2017. For the                     safety in air commerce. This regulation
                                                 FOR FURTHER INFORMATION CONTACT: Jim                    applicable models, the service                        is within the scope of that authority
                                                 Rutherford, Aerospace Engineer, FAA,                    information describes procedures for                  because it addresses an unsafe condition
                                                 Small Airplane Standards Branch, 901                    inspection of the aileron trim tab,                   that is likely to exist or develop on
                                                 Locust, Room 301, Kansas City,                          rudder trim tab, and elevator trim tab,               products identified in this rulemaking
                                                 Missouri 64106; telephone: (816) 329–                   and, if required, application of torque               action.
                                                 4165; fax: (816) 329–4090; email:                       and installation of a cotter pin. This                   This proposed AD is issued in
                                                 jim.rutherford@faa.gov.                                 service information is reasonably                     accordance with authority delegated by
                                                 SUPPLEMENTARY INFORMATION:
                                                                                                         available because the interested parties              the Executive Director, Aircraft
                                                                                                         have access to it through their normal                Certification Service, as authorized by
                                                 Comments Invited                                        course of business or by the means                    FAA Order 8000.51C. In accordance
                                                   We invite you to send any written                     identified in the ADDRESSES section of                with that order, issuance of ADs is
                                                 relevant data, views, or arguments about                this NPRM.                                            normally a function of the Compliance
                                                 this proposed AD. Send your comments                    FAA’s Determination and Requirements                  and Airworthiness Division, but during
                                                 to an address listed under the                          of the Proposed AD                                    this transition period, the Executive
                                                 ADDRESSES section. Include ‘‘Docket No.                   This product has been approved by                   Director has delegated the authority to
                                                 FAA–2017–1119; Product Identifier                       the aviation authority of another                     issue ADs applicable to small airplanes,
                                                 2017–CE–037–AD’’ at the beginning of                    country, and is approved for operation                gliders, and domestic business jet
                                                 your comments. We specifically invite                   in the United States. Pursuant to our                 transport airplanes to the Director of the
                                                 comments on the overall regulatory,                     bilateral agreement with this State of                Policy and Innovation Division.
                                                 economic, environmental, and energy                     Design Authority, they have notified us               Regulatory Findings
                                                 aspects of this proposed AD. We will                    of the unsafe condition described in the
                                                 consider all comments received by the                   MCAI and service information                            We determined that this proposed AD
                                                 closing date and may amend this                         referenced above. We are proposing this               would not have federalism implications
                                                 proposed AD because of those                            AD because we evaluated all                           under Executive Order 13132. This
                                                 comments.                                               information and determined the unsafe                 proposed AD would not have a
                                                   We will post all comments we                          condition exists and is likely to exist or            substantial direct effect on the States, on
                                                 receive, without change, to http://                     develop on other products of the same                 the relationship between the national
                                                 regulations.gov, including any personal                 type design.                                          Government and the States, or on the
                                                 information you provide. We will also                                                                         distribution of power and
                                                 post a report summarizing each                          Costs of Compliance
                                                                                                                                                               responsibilities among the various
                                                 substantive verbal contact we receive                     We estimate that this proposed AD                   levels of government.
                                                 about this proposed AD.                                 will affect 114 products of U.S. registry.
                                                                                                                                                                 For the reasons discussed above, I
                                                                                                         We also estimate that it would take
                                                 Discussion                                                                                                    certify this proposed regulation:
                                                                                                         about 1 work-hour per product to
                                                    The Agência Nacional de Aviação                   comply with the basic requirements of                   (1) Is not a ‘‘significant regulatory
                                                 Civil (ANAC), which is the aviation                     this proposed AD. The average labor                   action’’ under Executive Order 12866,
                                                 authority for Brazil, has issued AD No.:                rate is $85 per work-hour.                              (2) Is not a ‘‘significant rule’’ under
                                                 2017–11–01, dated November 10, 2017                       Based on these figures, we estimate                 the DOT Regulatory Policies and
                                                 (referred to after this as ‘‘the MCAI’’), to            the cost of the proposed AD on U.S.                   Procedures (44 FR 11034, February 26,
                                                 correct an unsafe condition for Embraer                 operators to be $9,690, or $85 per                    1979),
ethrower on DSK3G9T082PROD with PROPOSALS




                                                 S.A. Models EMB–500 and EMB–505                         product.
                                                                                                           In addition, we estimate that any                     (3) Will not affect intrastate aviation
                                                 airplanes. The MCAI states:
                                                                                                         necessary follow-on actions would take                in Alaska, and
                                                   This [ANAC] AD results of a report of one
                                                 airplane having improperly tied castle nut on
                                                                                                         about 3 work-hours and require parts                    (4) Will not have a significant
                                                 the aileron, rudder and elevator trim tab (or           costing $50, for a cost of $305 per                   economic impact, positive or negative,
                                                 autotab) attachment bolts. A disconnected               product. We have no way of                            on a substantial number of small entities
                                                 surface may cause an increase in dynamic                determining the number of products                    under the criteria of the Regulatory
                                                 loads and probable flutter, which may cause             that may need these actions.                          Flexibility Act.


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                                                 57174                 Federal Register / Vol. 82, No. 231 / Monday, December 4, 2017 / Proposed Rules

                                                 List of Subjects in 14 CFR Part 39                      condition on an aviation product. The MCAI              (2) Contacting the Manufacturer: For any
                                                                                                         describes the unsafe condition as improperly          requirement in this AD to obtain corrective
                                                   Air transportation, Aircraft, Aviation                tied castle nuts on the aileron, rudder and           actions from a manufacturer, the action must
                                                 safety, Incorporation by reference,                     elevator trim tab (or autotab) attachment             be accomplished using a method approved
                                                 Safety.                                                 bolts. We are issuing this proposed AD to             by the Manager, Small Airplane Standards
                                                                                                         inspect the aileron trim tab, rudder trim tab         Branch, FAA; or Agência Nacional de
                                                 The Proposed Amendment                                  and elevator trim tab (or autotab), and correct       Aviação Civil (ANAC), which is the aviation
                                                   Accordingly, under the authority                      any discrepancy, which if not corrected, may          authority for Brazil.
                                                 delegated to me by the Administrator,                   cause an increase in dynamic loads and
                                                                                                                                                               (j) Related Information
                                                 the FAA proposes to amend 14 CFR part                   possible flutter, leading to structural failure
                                                                                                         and loss of control.                                     Refer to MCAI Agência Nacional de
                                                 39 as follows:                                                                                                Aviação Civil (ANAC), which is the aviation
                                                                                                         (f) Actions and Compliance                            authority for Brazil, AD No.: 2017–11–01,
                                                 PART 39—AIRWORTHINESS                                                                                         dated November 10, 2017; PHENOM by
                                                                                                            Unless already done, do the following
                                                 DIRECTIVES                                              actions in paragraphs (f)(1) and (2) of this AD       Embraer Alert Service Bulletin (SB) No.: 500–
                                                                                                         following the Accomplishment Instructions             27–A026, Revision 1, dated October 6, 2017;
                                                 ■ 1. The authority citation for part 39                 in PHENOM by Embraer Alert Service                    and PHENOM by Embraer Alert SB No.: 505–
                                                 continues to read as follows:                           Bulletin (SB) No.: 500–27–A026, Revision 1,           27–A028, Revision 2, dated October 6, 2017,
                                                     Authority: 49 U.S.C. 106(g), 40113, 44701.          dated October 6, 2017; or PHENOM by                   for related information. You may examine the
                                                                                                         Embraer Alert SB No.: 505–27–A028,                    MCAI on the Internet at http://
                                                 § 39.13   [Amended]                                     Revision 2, dated October 6, 2017, as                 www.regulations.gov by searching for and
                                                 ■ 2. The FAA amends § 39.13 by adding                   applicable:                                           locating Docket No. FAA–2017–1119. For
                                                 the following new AD:                                      (1) Within the next 25 hours time in               service information related to this AD,
                                                                                                         service (TIS) after the effective date of this        contact Embraer S.A., Phenom Maintenance
                                                 Embraer S.A.: Docket No. FAA–2017–1119;                 AD or within the next 12 months after the             Support, Avenida Brigadeiro Faria Lima,
                                                    Product Identifier 2017–CE–037–AD.                   effective date of this AD, whichever occurs           2170, São José dos Campos—SP—12227–901,
                                                 (a) Comments Due Date                                   first, inspect the aileron trim tab, rudder trim      P.O. Box 36/2, Brasil; phone: +55 12 3927
                                                                                                         tab, and elevator trim tab attachment points          1000; fax: +55 12 3927–2619; email:
                                                   We must receive comments by January 18,               to make sure the cotter pin is installed on the       phenom.reliability@embraer.com.br; Internet:
                                                 2018.                                                   castle nut of the attaching bolts.                    http://www.embraer.com.br/en-US/Pages/
                                                 (b) Affected ADs                                           (2) If any discrepancy is found during the         home.aspx. You may review this referenced
                                                                                                         inspection required in paragraph (f)(1) of this       service information at the FAA, Policy and
                                                   None.                                                 AD, before further flight, correct the                Innovation Division, 901 Locust, Kansas City,
                                                 (c) Applicability                                       discrepancy.                                          Missouri 64106. For information on the
                                                                                                                                                               availability of this material at the FAA, call
                                                    This AD applies to Embraer S.A. Models               (g) Credit for Actions Accomplished in                (816) 329–4148.
                                                 EMB–500 and EMB–505 airplanes, serial                   Accordance With Previous Service
                                                 numbers 50000246, 50000267, 50000286,                   Information                                             Issued in Kansas City, Missouri, on
                                                 50000289, 50000291, 50000299, 50000304,                    This AD allows credit for the actions              November 21, 2017.
                                                 50000305, 50000306, 50000310, 50000348,                 required in paragraph (f) of this AD if done          Melvin J. Johnson,
                                                 50000359, 50000368, 50000370, 50000372,                 before the effective date of this AD following
                                                 50000376, 50000377, 50000378, 50000379,                                                                       Deputy Director, Policy & Innovation Division,
                                                                                                         PHENOM by Embraer Alert SB No. 500–27–                Aircraft Certification Service.
                                                 50000380, 50500118, 50500122, 50500148,                 A026, original issue, dated September 29,
                                                 50500151, 50500167, 50500176, 50500179,                 2017; PHENOM by Embraer Alert SB No.                  [FR Doc. 2017–25888 Filed 12–1–17; 8:45 am]
                                                 50500185, 50500188, 50500191, 50500197,                 505–27–A028, original issue, dated                    BILLING CODE 4910–13–P
                                                 50500203, 50500207, 50500209, 50500212,                 September 28, 2017; or PHENOM by Embraer
                                                 50500214, 50500215, 50500219, 50500225,                 Alert SB 505–27–A028, Revision 01, dated
                                                 50500226, 50500231, 50500242, 50500244,                 September 29, 2017; as applicable.
                                                 50500246, 50500248, 50500250, 50500256,                                                                       DEPARTMENT OF HEALTH AND
                                                 50500260, 50500266, 50500273, 50500275,                 (h) Reporting Requirement                             HUMAN SERVICES
                                                 50500277, 50500280, 50500282, 50500285,                    Although PHENOM by Embraer Alert SB
                                                 50500287, 50500288, 50500289, 50500292,                 No.: 500–27–A026, Revision 1, dated October           Food and Drug Administration
                                                 50500293, 50500294, 50500296, 50500297,                 6, 2017; and PHENOM by Embraer Alert SB
                                                 50500298, 50500300, 50500302, 50500304,                 No.: 505–27–A028, Revision 2, dated October           21 CFR Part 884
                                                 50500306, 50500309, 50500311, 50500317,                 6, 2017; specify to submit certain information
                                                 50500318, 50500323, 50500328, 50500331,                                                                       [Docket No. FDA–2017–N–6538]
                                                                                                         to the manufacturer, this AD does not require
                                                 50500333, 50500335, 50500338, 50500340,                 that action.
                                                 50500344, 50500345, 50500348, 50500351,                                                                       Obstetrical and Gynecological
                                                 50500357, 50500361, 50500362, 50500363,                 (i) Other FAA AD Provisions                           Devices; Reclassification of Single-Use
                                                 50500364, 50500365, 50500367, 50500368,                    The following provisions also apply to this        Female Condom, To Be Renamed
                                                 50500371, 50500372, 50500379, 50500381,                 AD:                                                   Single-Use Internal Condom
                                                 50500382, 50500385, 50500386, 50500390,                    (1) Alternative Methods of Compliance
                                                 50500391, 50500394, 50500395, 50500397,                 (AMOCs): The Manager, Small Airplane                  AGENCY:    Food and Drug Administration,
                                                 50500398, 50500399, 50500400, 50500402,                 Standards Branch, FAA, has the authority to           HHS.
                                                 50500403, 50500404, 50500407, 50500410,                 approve AMOCs for this AD, if requested               ACTION:   Proposed order.
                                                 50500415, 50500418, and 50500424,                       using the procedures found in 14 CFR 39.19.
                                                 certificated in any category.                           Send information to ATTN: Jim Rutherford,             SUMMARY:    The Food and Drug
                                                                                                         Aerospace Engineer, FAA, Small Airplane               Administration (FDA) is proposing to
ethrower on DSK3G9T082PROD with PROPOSALS




                                                 (d) Subject                                             Standards Branch, 901 Locust, Room 301,               reclassify single-use female condoms,
                                                   Air Transport Association of America                  Kansas City, Missouri 64106; telephone:               renaming the device to ‘‘single-use
                                                 (ATA) Code 27: Flight Controls.                         (816) 329–4165; fax: (816) 329–4090; email:           internal condom,’’ a postamendments
                                                                                                         jim.rutherford@faa.gov. Before using any
                                                 (e) Reason                                              approved AMOC on any airplane to which
                                                                                                                                                               class III device (product code MBU),
                                                    This AD was prompted by mandatory                    the AMOC applies, notify your appropriate             into class II (special controls) subject to
                                                 continuing airworthiness information (MCAI)             principal inspector (PI) in the FAA Flight            premarket notification (510(k)). FDA is
                                                 originated by an aviation authority of another          Standards District Office (FSDO), or lacking          also identifying the proposed special
                                                 country to identify and correct an unsafe               a PI, your local FSDO.                                controls that the Agency believes are


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Document Created: 2017-12-02 00:41:10
Document Modified: 2017-12-02 00:41:10
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 January 18, 2018.
ContactJim Rutherford, Aerospace Engineer, FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: [email protected]
FR Citation82 FR 57172 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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