83_FR_15382 83 FR 15313 - Airworthiness Directives; Embraer S.A. Airplanes

83 FR 15313 - Airworthiness Directives; Embraer S.A. Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 69 (April 10, 2018)

Page Range15313-15315
FR Document2018-06821

We are adopting a new airworthiness directive (AD) for Embraer S.A. Models EMB-500 and EMB-505 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as improperly tied castle nuts on the aileron, rudder, and elevator trim tab (or autotab) attachment bolts. We are issuing this AD to require actions to address the unsafe condition on these products.

Federal Register, Volume 83 Issue 69 (Tuesday, April 10, 2018)
[Federal Register Volume 83, Number 69 (Tuesday, April 10, 2018)]
[Rules and Regulations]
[Pages 15313-15315]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06821]



[[Page 15313]]

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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; Amendment 
39-19241; AD 2018-07-10]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for Embraer 
S.A. Models EMB-500 and EMB-505 airplanes. This AD results from 
mandatory continuing airworthiness information (MCAI) issued by an 
aviation authority of another country to identify and correct an unsafe 
condition on an aviation product. The MCAI describes the unsafe 
condition as improperly tied castle nuts on the aileron, rudder, and 
elevator trim tab (or autotab) attachment bolts. We are issuing this AD 
to require actions to address the unsafe condition on these products.

DATES: This AD is effective May 15, 2018.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 15, 2018.

ADDRESSES: 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 Docket Operations, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
    For service information identified in this AD, contact Embraer 
S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 2170, 
S[atilde]o Jos[eacute] dos Campos--SP-12227-901, P.O. Box 36/2, Brasil; 
phone: +55 12 3927 1000; fax: +55 12 3927-2619; email: 
phenom.reliability@embraer.com.br; internet: http://www.embraer.com.br/en-US/Pages/home.aspx. You may view 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. It is also available on the internet at 
http://www.regulations.gov by searching for Docket No. FAA-2017-1119.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to Embraer S.A. Models EMB-500 
and EMB-505 airplanes. The NPRM was published in the Federal Register 
on December 4, 2017 (82 FR 57172). The NPRM proposed to correct an 
unsafe condition for the specified products and was based on mandatory 
continuing airworthiness information (MCAI) originated by an aviation 
authority of another country. The MCAI states:

    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.

The MCAI can be found in the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2017-1119-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the proposal 
and the FAA's response to each comment.

Request To Withdraw NPRM

    Eduardo Cerdeira and Ricardo Hollerbach, both from Embraer S.A., 
commented that all of the affected airplanes have been inspected with 
no faults found; therefore, there is no need for the proposed AD. They 
state that, since the issuance of the original versions of the service 
information for the two affected fleets, Embraer S.A. has been in 
direct contact with all the applicable operators in the world to 
encourage them to accomplish the required inspections as soon as 
possible. Since the start of the inspections, the commenters state that 
the completion status has been provided to the FAA, as well as the 
aviation authorities of Europe (EASA), and Brazil (ANAC). As of 
December 6, 2017, they stated that all affected airplanes, as defined 
in the current service information, have been inspected with no faults 
found. Finally, the commenters provided tables showing each of the 
affected airplane serial numbers and the date on which the applicable 
service information was accomplished.
    We don't agree with this comment. The FAA contacted Embraer. S.A. 
to obtain records to show that all airplanes were in compliance with 
the actions in this AD. Embraer S.A. informed the FAA that they were 
unable to provide such information. While the FAA appreciates the 
effort that the commenters went to in order to assure that the unsafe 
condition was addressed on the affected airplanes, our policy of not 
accepting assurance from a design approval holder that all products are 
in compliance as a reason to not issue an AD action requires us to move 
forward with the issuance of the final rule AD. Please note that the 
Action and Compliance paragraph within the FAA AD begins with the 
phrase ``unless already done'', which may apply in this case.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting the 
AD as proposed except for minor editorial changes. We have determined 
that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

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 
AD.

[[Page 15314]]

Costs of Compliance

    We estimate that this 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 AD. The average labor rate 
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S. 
operators to be $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 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, 
balloons, airships, domestic business jet transport airplanes, and 
associated appliances to the Director of the Policy and Innovation 
Division.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-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 the NPRM, the regulatory evaluation, any comments received, 
and other information. The street address for the Docket Office 
(telephone (800) 647-5527) is in the ADDRESSES section. Comments will 
be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

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


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2018-07-10 Embraer S.A.: Amendment 39-19241; Docket No. FAA-2017-
1119; Product Identifier 2017-CE-037-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 15, 
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 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 May 15, 
2018 (the effective date of this AD) or within the next 12 months 
after May 15, 2018 (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.

[[Page 15315]]

(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) No 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. You may examine the MCAI on the 
internet at: https://www.regulations.gov/document?D=FAA-2017-1119-0002.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) PHENOM by Embraer Alert Service Bulletin No.: 500-27-A026, 
Revision 1, dated October 6, 2017.
    (ii) PHENOM by Embraer Alert Service Bulletin No.: 505-27-A028, 
Revision 2, dated October 6, 2017.
    (3) For Embraer S.A. service information identified in this AD, 
contact Embraer S.A., Phenom Maintenance Support, Avenida Brigadeiro 
Faria Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP-12227-901, 
P.O. Box 36/2, Brasil; phone: +55 12 3927 1000; fax: +55 12 3927-
2619; email: phenom.reliability@embraer.com.br; internet: http://www.embraer.com.br/en-US/Pages/home.aspx.
    (4) You may view this 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. In addition, you can access this service information 
on the internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2017-1119.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on March 28, 2018.
William Schinstock,
Acting Deputy Director, Policy & Innovation Division, Aircraft 
Certification Service.
[FR Doc. 2018-06821 Filed 4-9-18; 8:45 am]
 BILLING CODE 4910-13-P



                                                                    Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Rules and Regulations                                       15313

                                                DEPARTMENT OF TRANSPORTATION                            www.regulations.gov by searching for                  Europe (EASA), and Brazil (ANAC). As
                                                                                                        Docket No. FAA–2017–1119.                             of December 6, 2017, they stated that all
                                                Federal Aviation Administration                         FOR FURTHER INFORMATION CONTACT: Jim                  affected airplanes, as defined in the
                                                                                                        Rutherford, Aerospace Engineer, FAA,                  current service information, have been
                                                14 CFR Part 39                                          Small Airplane Standards Branch, 901                  inspected with no faults found. Finally,
                                                                                                        Locust, Room 301, Kansas City,                        the commenters provided tables
                                                [Docket No. FAA–2017–1119; Product                                                                            showing each of the affected airplane
                                                Identifier 2017–CE–037–AD; Amendment
                                                                                                        Missouri 64106; telephone: (816) 329–
                                                                                                        4165; fax: (816) 329–4090; email:                     serial numbers and the date on which
                                                39–19241; AD 2018–07–10]
                                                                                                        jim.rutherford@faa.gov.                               the applicable service information was
                                                RIN 2120–AA64                                           SUPPLEMENTARY INFORMATION:                            accomplished.
                                                                                                                                                                 We don’t agree with this comment.
                                                Airworthiness Directives; Embraer S.A.                  Discussion
                                                                                                                                                              The FAA contacted Embraer. S.A. to
                                                Airplanes                                                 We issued a notice of proposed                      obtain records to show that all airplanes
                                                                                                        rulemaking (NPRM) to amend 14 CFR                     were in compliance with the actions in
                                                AGENCY:  Federal Aviation
                                                                                                        part 39 by adding an AD that would                    this AD. Embraer S.A. informed the
                                                Administration (FAA), Department of
                                                                                                        apply to Embraer S.A. Models EMB–500                  FAA that they were unable to provide
                                                Transportation (DOT).
                                                                                                        and EMB–505 airplanes. The NPRM was                   such information. While the FAA
                                                ACTION: Final rule.                                     published in the Federal Register on                  appreciates the effort that the
                                                                                                        December 4, 2017 (82 FR 57172). The                   commenters went to in order to assure
                                                SUMMARY:   We are adopting a new
                                                                                                        NPRM proposed to correct an unsafe                    that the unsafe condition was addressed
                                                airworthiness directive (AD) for
                                                                                                        condition for the specified products and              on the affected airplanes, our policy of
                                                Embraer S.A. Models EMB–500 and
                                                                                                        was based on mandatory continuing                     not accepting assurance from a design
                                                EMB–505 airplanes. This AD results
                                                                                                        airworthiness information (MCAI)                      approval holder that all products are in
                                                from mandatory continuing
                                                                                                        originated by an aviation authority of                compliance as a reason to not issue an
                                                airworthiness information (MCAI)
                                                                                                        another country. The MCAI states:                     AD action requires us to move forward
                                                issued by an aviation authority of
                                                another country to identify and correct                    This [ANAC] AD results of a report of one          with the issuance of the final rule AD.
                                                an unsafe condition on an aviation                      airplane having improperly tied castle nut on         Please note that the Action and
                                                product. The MCAI describes the unsafe                  the aileron, rudder and elevator trim tab (or         Compliance paragraph within the FAA
                                                                                                        autotab) attachment bolts. A disconnected             AD begins with the phrase ‘‘unless
                                                condition as improperly tied castle nuts
                                                                                                        surface may cause an increase in dynamic              already done’’, which may apply in this
                                                on the aileron, rudder, and elevator trim               loads and probable flutter, which may cause
                                                tab (or autotab) attachment bolts. We are                                                                     case.
                                                                                                        structural failure and possible loss of control
                                                issuing this AD to require actions to                   of the airplane.                                      Conclusion
                                                address the unsafe condition on these                      Since this condition may occur in other
                                                products.                                               airplanes of the same type and affects flight           We reviewed the relevant data,
                                                                                                        safety, a corrective action is required. Thus,        considered the comment received, and
                                                DATES:  This AD is effective May 15,                    sufficient reason exists to request compliance        determined that air safety and the
                                                2018.                                                   with this [ANAC] AD in the indicated time             public interest require adopting the AD
                                                  The Director of the Federal Register                  limit without prior notice.                           as proposed except for minor editorial
                                                approved the incorporation by reference
                                                                                                        The MCAI can be found in the AD                       changes. We have determined that these
                                                of certain publications listed in the AD
                                                                                                        docket on the internet at: https://                   minor changes:
                                                as of May 15, 2018.
                                                                                                        www.regulations.gov/                                    • Are consistent with the intent that
                                                ADDRESSES: You may examine the AD                       document?D=FAA-2017-1119-0002.                        was proposed in the NPRM for
                                                docket on the internet at http://
                                                                                                        Comments                                              correcting the unsafe condition; and
                                                www.regulations.gov by searching for
                                                and locating Docket No. FAA–2017–                         We gave the public the opportunity to                 • Do not add any additional burden
                                                1119; or in person at Docket Operations,                participate in developing this AD. The                upon the public than was already
                                                U.S. Department of Transportation,                      following presents the comments                       proposed in the NPRM.
                                                Docket Operations, M–30, West                           received on the proposal and the FAA’s                Related Service Information Under 1
                                                Building Ground Floor, Room W12–140,                    response to each comment.                             CFR Part 51
                                                1200 New Jersey Avenue SE,
                                                Washington, DC 20590.                                   Request To Withdraw NPRM                                 Embraer S.A. has issued PHENOM by
                                                  For service information identified in                   Eduardo Cerdeira and Ricardo                        Embraer Alert Service Bulletin 500–27–
                                                this AD, contact Embraer S.A., Phenom                   Hollerbach, both from Embraer S.A.,                   A026, Revision 1, dated October 6,
                                                Maintenance Support, Avenida                            commented that all of the affected                    2017; and PHENOM by Embraer Alert
                                                Brigadeiro Faria Lima, 2170, São José                 airplanes have been inspected with no                 Service Bulletin 505–27–A028, Revision
                                                dos Campos—SP–12227–901, P.O. Box                       faults found; therefore, there is no need             2, dated October 6, 2017. For the
                                                36/2, Brasil; phone: +55 12 3927 1000;                  for the proposed AD. They state that,                 applicable models, the service
                                                fax: +55 12 3927–2619; email:                           since the issuance of the original                    information describes procedures for
                                                phenom.reliability@embraer.com.br;                      versions of the service information for               inspection of the aileron trim tab,
                                                internet: http://www.embraer.com.br/                    the two affected fleets, Embraer S.A. has             rudder trim tab, and elevator trim tab,
                                                en-US/Pages/home.aspx. You may view                     been in direct contact with all the                   and, if required, application of torque
jstallworth on DSKBBY8HB2PROD with RULES




                                                this referenced service information at                  applicable operators in the world to                  and installation of a cotter pin. This
                                                the FAA, Policy and Innovation                          encourage them to accomplish the                      service information is reasonably
                                                Division, 901 Locust, Kansas City,                      required inspections as soon as possible.             available because the interested parties
                                                Missouri 64106. For information on the                  Since the start of the inspections, the               have access to it through their normal
                                                availability of this material at the FAA,               commenters state that the completion                  course of business or by the means
                                                call (816) 329–4148. It is also available               status has been provided to the FAA, as               identified in the ADDRESSES section of
                                                on the internet at http://                              well as the aviation authorities of                   this AD.


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                                                15314               Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Rules and Regulations

                                                Costs of Compliance                                       For the reasons discussed above, I                  50000359, 50000368, 50000370, 50000372,
                                                                                                        certify this AD:                                      50000376, 50000377, 50000378, 50000379,
                                                  We estimate that this AD will affect                                                                        50000380, 50500118, 50500122, 50500148,
                                                                                                          (1) Is not a ‘‘significant regulatory
                                                114 products of U.S. registry. We also                                                                        50500151, 50500167, 50500176, 50500179,
                                                                                                        action’’ under Executive Order 12866,
                                                estimate that it would take about 1                       (2) Is not a ‘‘significant rule’’ under             50500185, 50500188, 50500191, 50500197,
                                                work-hour per product to comply with                    the DOT Regulatory Policies and                       50500203, 50500207, 50500209, 50500212,
                                                the basic requirements of this AD. The                  Procedures (44 FR 11034, February 26,                 50500214, 50500215, 50500219, 50500225,
                                                average labor rate is $85 per work-hour.                1979),                                                50500226, 50500231, 50500242, 50500244,
                                                  Based on these figures, we estimate                     (3) Will not affect intrastate aviation             50500246, 50500248, 50500250, 50500256,
                                                the cost of this AD on U.S. operators to                in Alaska, and                                        50500260, 50500266, 50500273, 50500275,
                                                be $9,690, or $85 per product.                            (4) Will not have a significant                     50500277, 50500280, 50500282, 50500285,
                                                  In addition, we estimate that any                     economic impact, positive or negative,                50500287, 50500288, 50500289, 50500292,
                                                necessary follow-on actions would take                  on a substantial number of small entities             50500293, 50500294, 50500296, 50500297,
                                                about 3 work-hours and require parts                    under the criteria of the Regulatory                  50500298, 50500300, 50500302, 50500304,
                                                costing $50, for a cost of $305 per                     Flexibility Act.                                      50500306, 50500309, 50500311, 50500317,
                                                product. We have no way of                                                                                    50500318, 50500323, 50500328, 50500331,
                                                determining the number of products                      Examining the AD Docket                               50500333, 50500335, 50500338, 50500340,
                                                that may need these actions.                              You may examine the AD docket on                    50500344, 50500345, 50500348, 50500351,
                                                                                                        the internet at http://                               50500357, 50500361, 50500362, 50500363,
                                                Authority for This Rulemaking                                                                                 50500364, 50500365, 50500367, 50500368,
                                                                                                        www.regulations.gov by searching for
                                                   Title 49 of the United States Code                   and locating Docket No. FAA–2017–                     50500371, 50500372, 50500379, 50500381,
                                                specifies the FAA’s authority to issue                                                                        50500382, 50500385, 50500386, 50500390,
                                                                                                        1119; or in person at the Docket
                                                rules on aviation safety. Subtitle I,                                                                         50500391, 50500394, 50500395, 50500397,
                                                                                                        Management Facility between 9 a.m.
                                                section 106, describes the authority of                                                                       50500398, 50500399, 50500400, 50500402,
                                                                                                        and 5 p.m., Monday through Friday,
                                                the FAA Administrator. ‘‘Subtitle VII:                                                                        50500403, 50500404, 50500407, 50500410,
                                                                                                        except Federal holidays. The AD docket                50500415, 50500418, and 50500424,
                                                Aviation Programs,’’ describes in more                  contains the NPRM, the regulatory                     certificated in any category.
                                                detail the scope of the Agency’s                        evaluation, any comments received, and
                                                authority.                                              other information. The street address for             (d) Subject
                                                   We are issuing this rulemaking under                 the Docket Office (telephone (800) 647–                 Air Transport Association of America
                                                the authority described in ‘‘Subtitle VII,              5527) is in the ADDRESSES section.                    (ATA) Code 27: Flight Controls.
                                                Part A, Subpart III, Section 44701:                     Comments will be available in the AD
                                                General requirements.’’ Under that                                                                            (e) Reason
                                                                                                        docket shortly after receipt.
                                                section, Congress charges the FAA with                                                                           This AD was prompted by mandatory
                                                promoting safe flight of civil aircraft in              List of Subjects in 14 CFR Part 39                    continuing airworthiness information (MCAI)
                                                air commerce by prescribing regulations                   Air transportation, Aircraft, Aviation              originated by an aviation authority of another
                                                for practices, methods, and procedures                  safety, Incorporation by reference,                   country to identify and correct an unsafe
                                                the Administrator finds necessary for                   Safety.                                               condition on an aviation product. The MCAI
                                                safety in air commerce. This regulation                                                                       describes the unsafe condition as improperly
                                                                                                        Adoption of the Amendment                             tied castle nuts on the aileron, rudder and
                                                is within the scope of that authority
                                                                                                          Accordingly, under the authority                    elevator trim tab (or autotab) attachment
                                                because it addresses an unsafe condition
                                                                                                        delegated to me by the Administrator,                 bolts. We are issuing this AD to inspect the
                                                that is likely to exist or develop on
                                                                                                        the FAA amends 14 CFR part 39 as                      aileron trim tab, rudder trim tab and elevator
                                                products identified in this rulemaking                                                                        trim tab (or autotab), and correct any
                                                action.                                                 follows:
                                                                                                                                                              discrepancy, which if not corrected, may
                                                   This AD is issued in accordance with                                                                       cause an increase in dynamic loads and
                                                authority delegated by the Executive                    PART 39—AIRWORTHINESS
                                                                                                        DIRECTIVES                                            possible flutter, leading to structural failure
                                                Director, Aircraft Certification Service,                                                                     and loss of control.
                                                as authorized by FAA Order 8000.51C.                    ■ 1. The authority citation for part 39
                                                In accordance with that order, issuance                                                                       (f) Actions and Compliance
                                                                                                        continues to read as follows:
                                                of ADs is normally a function of the                                                                             Unless already done, do the following
                                                Compliance and Airworthiness                                Authority: 49 U.S.C. 106(g), 40113, 44701.        actions in paragraphs (f)(1) and (2) of this AD
                                                Division, but during this transition                    § 39.13    [Amended]                                  following the Accomplishment Instructions
                                                period, the Executive Director has                                                                            in PHENOM by Embraer Alert Service
                                                                                                        ■ 2. The FAA amends § 39.13 by adding                 Bulletin (SB) No.: 500–27–A026, Revision 1,
                                                delegated the authority to issue ADs
                                                                                                        the following new AD:                                 dated October 6, 2017; or PHENOM by
                                                applicable to small airplanes, gliders,
                                                balloons, airships, domestic business jet               2018–07–10 Embraer S.A.: Amendment 39–                Embraer Alert SB No.: 505–27–A028,
                                                                                                            19241; Docket No. FAA–2017–1119;                  Revision 2, dated October 6, 2017, as
                                                transport airplanes, and associated
                                                                                                            Product Identifier 2017–CE–037–AD.                applicable:
                                                appliances to the Director of the Policy
                                                                                                                                                                 (1) Within the next 25 hours time in
                                                and Innovation Division.                                (a) Effective Date
                                                                                                                                                              service (TIS) after May 15, 2018 (the effective
                                                Regulatory Findings                                        This airworthiness directive (AD) becomes          date of this AD) or within the next 12 months
                                                                                                        effective May 15, 2018.                               after May 15, 2018 (the effective date of this
                                                  We determined that this AD will not                                                                         AD), whichever occurs first, inspect the
                                                have federalism implications under                      (b) Affected ADs
                                                                                                                                                              aileron trim tab, rudder trim tab, and elevator
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                                                Executive Order 13132. This AD will                       None.
                                                                                                                                                              trim tab attachment points to make sure the
                                                not have a substantial direct effect on                 (c) Applicability                                     cotter pin is installed on the castle nut of the
                                                the States, on the relationship between                    This AD applies to Embraer S.A. Models             attaching bolts.
                                                the national government and the States,                 EMB–500 and EMB–505 airplanes, serial                    (2) If any discrepancy is found during the
                                                or on the distribution of power and                     numbers 50000246, 50000267, 50000286,                 inspection required in paragraph (f)(1) of this
                                                responsibilities among the various                      50000289, 50000291, 50000299, 50000304,               AD, before further flight, correct the
                                                levels of government.                                   50000305, 50000306, 50000310, 50000348,               discrepancy.



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                                                                    Federal Register / Vol. 83, No. 69 / Tuesday, April 10, 2018 / Rules and Regulations                                         15315

                                                (g) Credit for Actions Accomplished in                  Phenom Maintenance Support, Avenida                   Type the docket number in the
                                                Accordance With Previous Service                        Brigadeiro Faria Lima, 2170, São José dos           ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
                                                Information                                             Campos—SP–12227–901, P.O. Box 36/2,                   Click on Open Docket Folder on the line
                                                   This AD allows credit for the actions                Brasil; phone: +55 12 3927 1000; fax: +55 12
                                                                                                                                                              associated with this deviation.
                                                required in paragraph (f) of this AD if done            3927–2619; email: phenom.reliability@
                                                                                                        embraer.com.br; internet: http://                     FOR FURTHER INFORMATION CONTACT: If
                                                before the effective date of this AD following
                                                PHENOM by Embraer Alert SB No. 500–27–                  www.embraer.com.br/en-US/Pages/                       you have questions on this modified
                                                A026, original issue, dated September 29,               home.aspx.                                            temporary deviation, call or email Mr.
                                                2017; PHENOM by Embraer Alert SB No.                       (4) You may view this service information          Michael R. Thorogood, Bridge
                                                505–27–A028, original issue, dated                      at the FAA, Policy and Innovation Division,           Administration Branch Fifth District,
                                                September 28, 2017; or PHENOM by Embraer                901 Locust, Kansas City, Missouri 64106. For          Coast Guard, telephone 757–398–6557,
                                                Alert SB 505–27–A028, Revision 01, dated                information on the availability of this               email Michael.R.Thorogood@uscg.mil.
                                                September 29, 2017; as applicable.                      material at the FAA, call (816) 329–4148. In
                                                                                                        addition, you can access this service                 SUPPLEMENTARY INFORMATION: On March
                                                (h) No Reporting Requirement                            information on the internet at http://                2, 2018, the Coast Guard published a
                                                   Although PHENOM by Embraer Alert SB                  www.regulations.gov by searching for and              temporary deviation entitled,
                                                No.: 500–27–A026, Revision 1, dated October             locating Docket No. FAA–2017–1119.                    ‘‘Drawbridge Operation Regulation;
                                                6, 2017; and PHENOM by Embraer Alert SB                    (5) You may view this service information          Curtis Creek, Baltimore, MD’’ in the
                                                No.: 505–27–A028, Revision 2, dated October             that is incorporated by reference at the              Federal Register (83 FR 8938).
                                                6, 2017; specify to submit certain information          National Archives and Records                         Subsequent to the that publication, CSX
                                                to the manufacturer, this AD does not require           Administration (NARA). For information on
                                                that action.                                                                                                  Corporation requested a modification,
                                                                                                        the availability of this material at NARA, call
                                                                                                        202–741–6030, or go to: http://                       extending the temporary deviation from
                                                (i) Other FAA AD Provisions                                                                                   2:31 p.m. on March 30, 2018, through
                                                                                                        www.archives.gov/federal-register/cfr/ibr-
                                                   The following provisions also apply to this          locations.html.                                       2:30 p.m. on April 13, 2018. This
                                                AD:                                                                                                           extension is necessary to provide more
                                                   (1) Alternative Methods of Compliance                  Issued in Kansas City, Missouri, on March
                                                                                                        28, 2018.                                             time to perform and complete the
                                                (AMOCs): The Manager, Small Airplane
                                                Standards Branch, FAA, has the authority to
                                                                                                                                                              installation of railroad ties, due to
                                                                                                        William Schinstock,
                                                approve AMOCs for this AD, if requested                                                                       extreme inclement weather which
                                                                                                        Acting Deputy Director, Policy & Innovation
                                                using the procedures found in 14 CFR 39.19.                                                                   occurred during the previous temporary
                                                                                                        Division, Aircraft Certification Service.
                                                Send information to ATTN: Jim Rutherford,                                                                     deviation. Therefore, the Coast Guard
                                                                                                        [FR Doc. 2018–06821 Filed 4–9–18; 8:45 am]
                                                Aerospace Engineer, FAA, Small Airplane                                                                       modifies the dates of the previously
                                                Standards Branch, 901 Locust, Room 301,                 BILLING CODE 4910–13–P                                approved temporary deviation to allow
                                                Kansas City, Missouri 64106; telephone:                                                                       the CSX Swing Bridge that carries CSX
                                                (816) 329–4165; fax: (816) 329–4090; email:
                                                                                                                                                              railroad across the Curtis Creek, mile
                                                jim.rutherford@faa.gov. Before using any                DEPARTMENT OF HOMELAND
                                                approved AMOC on any airplane to which                                                                        1.4, at Baltimore, MD, to remain in the
                                                                                                        SECURITY                                              closed-to-navigation position from 8
                                                the AMOC applies, notify your appropriate
                                                principal inspector (PI) in the FAA Flight                                                                    a.m. to 2:30 p.m., Monday through
                                                Standards District Office (FSDO), or lacking
                                                                                                        Coast Guard                                           Friday, from March 5, 2018, through
                                                a PI, your local FSDO.                                                                                        April 13, 2018. The bridge has a vertical
                                                   (2) Contacting the Manufacturer: For any             33 CFR Part 117                                       clearance of 13 feet above mean high
                                                requirement in this AD to obtain corrective             [Docket No. USCG–2018–0033]                           water in the closed position and
                                                actions from a manufacturer, the action must
                                                                                                                                                              unlimited clearance in the open
                                                be accomplished using a method approved                 Drawbridge Operation Regulation;
                                                by the Manager, Small Airplane Standards                                                                      position. The current operating
                                                Branch, FAA; or Agência Nacional de
                                                                                                        Curtis Creek, Baltimore, MD                           schedule is set out in 33 CFR 117.5.
                                                Aviação Civil (ANAC), which is the aviation                                                                    The Curtis Creek is used by a variety
                                                                                                        AGENCY: Coast Guard, DHS.
                                                authority for Brazil.                                                                                         of vessels including U.S. government
                                                                                                        ACTION:Notice of deviation from                       and public vessels, tug and barge traffic,
                                                (j) Related Information                                 drawbridge regulation; modification.                  and recreational vessels. The Coast
                                                   Refer to MCAI Agência Nacional de                                                                         Guard has carefully coordinated the
                                                Aviação Civil (ANAC), which is the aviation           SUMMARY:    The Coast Guard has modified
                                                                                                        a temporary deviation from the                        restrictions with waterway users in
                                                authority for Brazil, AD No.: 2017–11–01,
                                                dated November 10, 2017. You may examine                operating schedule that governs the CSX               publishing this temporary deviation.
                                                the MCAI on the internet at: https://                   Swing Bridge, which carries CSX                          Vessels able to pass through the
                                                www.regulations.gov/document?D=FAA-                     railroad across the New Curtis Creek,                 bridge in the closed-to-navigation
                                                2017-1119-0002.                                         mile 1.4, at Baltimore, MD. This                      position may do so at any time. The
                                                                                                        modified deviation is necessary to                    bridge will open on signal, if at least one
                                                (k) Material Incorporated by Reference
                                                                                                        facilitate bridge maintenance. This                   hour notification is given. The bridge
                                                   (1) The Director of the Federal Register                                                                   will be able to open for emergencies, if
                                                approved the incorporation by reference                 modified deviation allows the bridge to
                                                (IBR) of the service information listed in this         remain in the closed-to-navigation                    at least 15 minutes notification is given.
                                                paragraph under 5 U.S.C. 552(a) and 1 CFR               position.                                             The bridge may be contacted at (410)
                                                part 51.                                                                                                      354–5593 24 hours per day. There is no
                                                   (2) You must use this service information            DATES:  This modified deviation is                    immediate alternative route for vessels
                                                as applicable to do the actions required by             effective without actual notice from                  unable to pass through the bridge in the
                                                this AD, unless the AD specifies otherwise.             April 10, 2018 through 2:30 p.m. on                   closed position. The Coast Guard will
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                                                   (i) PHENOM by Embraer Alert Service                  April 13, 2018. For the purposes of                   also inform the users of the waterways
                                                Bulletin No.: 500–27–A026, Revision 1, dated            enforcement, actual notice will be used               through our Local and Broadcast
                                                October 6, 2017.                                        from 2:31 p.m. on March 30, 2018, until
                                                   (ii) PHENOM by Embraer Alert Service
                                                                                                                                                              Notices to Mariners of the change in
                                                                                                        April 10, 2018.                                       operating schedule for the bridge so that
                                                Bulletin No.: 505–27–A028, Revision 2, dated
                                                October 6, 2017.                                        ADDRESSES: The docket for this                        vessel operators can arrange their transit
                                                   (3) For Embraer S.A. service information             deviation, [USCG–2018–0033] is                        to minimize any impact caused by the
                                                identified in this AD, contact Embraer S.A.,            available at http://www.regulations.gov.              temporary deviation.


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Document Created: 2018-04-09 23:51:41
Document Modified: 2018-04-09 23:51:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective May 15, 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 Citation83 FR 15313 
RIN Number2120-AA64

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