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 Range		57172-57174
FR Document		2017-25888
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
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		Proposed Rules
Action		Notice of proposed rulemaking (NPRM).
Dates		We must receive comments on this proposed AD by January 18, 2018.
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: [email protected]
FR Citation		82 FR 57172
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
82 FR 57172 - Airworthiness Directives; Embraer S.A. Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

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

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
