AD 2012-13-04

[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Rules and Regulations]
[Pages 39159-39162]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2012-15752]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0441; Directorate Identifier 2012-CE-011-AD; 
Amendment 39-17106; AD 2012-13-04]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileria de 
Aeron[aacute]utica S.A. (EMBRAER) Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Empresa Brasileria de Aeron[aacute]utica S.A. (EMBRAER) Model 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 an inadequate amount of drain 
holes in the primary control surfaces (rudder, elevator, and aileron) 
and their tab surfaces, which may allow water to accumulate in the 
control surfaces. This condition could cause unbalanced flight control 
surfaces and reduced flutter margins, which could result in loss of 
control of the airplane. We are issuing this AD to require actions to 
address the unsafe condition on these products.

DATES: This AD is effective August 6, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of August 6, 
2012.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in person at Document Management Facility, U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590.

[[Page 39160]]

    For service information identified in this AD, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), Phenom Maintenance Support, 
Av. Brigadeiro Faria Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP, 
CEP: 12227-901--PO Box 36/2, BRASIL; fax ++55 12 3927-2619; email 
<a href="/cdn-cgi/l/email-protection#b2c2dad7dcdddf9cc0d7dedbd3d0dbdedbc6cbf2d7dfd0c0d3d7c09cd1dddf9cd0c0"><span class="__cf_email__" data-cfemail="0d7d6568636260237f6861646c6f64616479744d68606f7f6c687f236e6260236f7f">[email&#160;protected]</span></a>; Internet: <a href="http://www.embraer.com">http://www.embraer.com</a>. 
You may review copies of the referenced service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the availability of this material at the FAA, call 
(816) 329-4148.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#7d171410530f080915180f1b120f193d1b1c1c531a120b"><span class="__cf_email__" data-cfemail="8fe5e6e2a1fdfafbe7eafde9e0fdebcfe9eeeea1e8e0f9">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on April 24, 2012 (77 
FR 24425). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found that certain regions of the rudder, elevator, 
ailerons, and their tabs surfaces does not present adequate drainage 
capacity to avoid water accumulation inside of these control 
surfaces. Internal water accumulation may lead to flight control 
surfaces unbalancing possibly reducing the flutter margins, which 
could result in loss of airplane control.

The MCAI requires visually inspecting the control surfaces (rudder, 
elevator, and aileron) and their tab surfaces for the existence of 
required drain holes and modifying the control surfaces by drilling 
drain holes. You may obtain further information by examining the MCAI 
in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (77 FR 24425, April 24, 
2012) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data 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:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (77 FR 24425, April 24, 2012) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (77 FR 24425, April 24, 2012).

Costs of Compliance

    We estimate that this AD will affect 38 products of U.S. registry.
    We also estimate that it will take from .5 work-hour to 2 work-
hours per product for 10 of the affected airplanes to comply with the 
basic inspection requirements of this AD. The average labor rate is $85 
per work-hour.
    Based on these figures, we estimate the cost of the inspection on 
U.S. operators to be from $425 to $1,700, or $42.50 to $170 per 
product.
    In addition, we estimate that any necessary follow-on actions will 
take from 2 work-hours to 38 work-hours and require parts costing $50, 
for a cost from $220 to $3,280 per product. We have no way of 
determining the number of products that may need these actions.
    We also estimate that it will take from 19 work-hours to 27 work-
hours per product for 36 of the affected airplanes to comply with basic 
modification requirements of this AD. The average labor rate is $85 per 
work-hour. Required parts will cost about $100 per product.
    Based on these figures, we estimate the cost of the modification on 
U.S. operators to be from $61,740, to $86,220, or $1,715 to $2,395 per 
product.
    According to the manufacturer, some of the costs of this AD may be 
covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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:


[[Page 39161]]


2012-13-04 Empresa Brasileria de Aeron[aacute]utica S.A. (EMBRAER): 
Amendment 39-17106; Docket No. FAA-2012-0441; Directorate Identifier 
2012-CE-011-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective August 6, 
2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Empresa Brasileria de 
Aeron[aacute]utica S.A. (EMBRAER) Model EMB-505 airplanes 
certificated in any category.
    (1) Group 1: Serial numbers (S/Ns) 50500030, 50500033 through 
50500037, 50500039, 50500040, 50500044, and 50500046.
    (2) Group 2: S/Ns 5050004 through 50500029, 50500031, 50500032, 
50500038, 50500041 through 50500043, 50500045, 50500047 through 
50500059, 50500061, 50500063, 50500065 through 50500068, 50500070, 
50500074, and 50500075.
    (3) Group 3: S/N 50500072.
    (4) Group 4: S/Ns 50500069, 50500071, and 50500073.

(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 an inadequate 
amount of drain holes in the primary control surfaces (rudder, 
elevator, aileron) and their tab surfaces, which may allow water to 
accumulate in the control surfaces. We are issuing this AD to 
prevent unbalanced flight control surfaces and reduced flutter 
margins, which could result in loss of control of the airplane.

(f) Actions and Compliance

    Unless already done, do the following actions:
    (1) Group 1 airplanes specified in paragraph (c)(1) of this AD:
    (i) Within the next 100 hours time-in-service after August 6, 
2012 (the effective date of this AD) or within the next 3 calendar 
months after August 6, 2012 (the effective date of this AD), 
whichever occurs first, visually inspect the right-hand (RH) and 
left-hand (LH) aileron lower skin for the existence of required 
drain holes.
    (ii) Before further flight after the inspection required in 
paragraph (f)(1)(i) of this AD, if the required drain holes do not 
exist, drill the drain holes.
    (iii) Within the next 24 months after August 6, 2012 (the 
effective date of this AD), rework the ailerons, aileron trim-tabs, 
aileron horn covers, rudder, rudder trim-tab, elevators, and 
elevator auto-tab surfaces by drilling additional drain holes.
    (iv) Do the actions required in paragraphs (f)(1)(i) and 
(f)(1)(ii) of this AD following the Accomplishment Instructions in 
EMBRAER Phenom Service Bulletin No. 505-57-0003, dated November 16, 
2011.
    (v) Do the actions required in paragraph (f)(1)(iii) of this AD 
following Part I of the Accomplishment Instructions in EMBRAER 
Phenom Service Bulletin No. 505-57-0002, dated February 13, 2012.
    (2) Group 2 airplanes specified in paragraph (c)(2) of this AD: 
Within the next 24 months after August 6, 2012 (the effective date 
of this AD), rework the ailerons, aileron trim-tabs, aileron horn 
covers, rudder, rudder trim-tab, elevators, and elevators auto-tab 
surfaces by drilling additional drain holes. Do the modifications 
following Part I of the Accomplishment Instructions in EMBRAER 
Phenom Service Bulletin No. 505-57-0002, dated February 13, 2012.
    (3) Group 3 airplanes specified in paragraph (c)(3) of this AD:
    (i) Within the next 24 months after August 6, 2012 (the 
effective date of this AD), rework the rudder, rudder trim-tab, 
elevators, and elevators auto-tab surfaces by drilling additional 
drain holes.
    (ii) Within the next 24 months after August 6, 2012 (the 
effective date of this AD), inspect the ailerons for the existence 
of required drain holes.
    (iii) Before further flight after the inspection required in 
paragraph (f)(3)(ii) of this AD, if the required drain holes do not 
exist, drill the drain holes.
    (iv) Do the actions required in paragraph (f)(3)(i) of this AD 
following Part II of the Accomplishment Instructions in EMBRAER 
Phenom Service Bulletin No. 505-57-0002, dated February 13, 2012.
    (v) Do the actions required in paragraphs (f)(3)(ii) and 
(f)(3)(iii) of this AD following Part II of the Accomplishment 
Instructions in EMBRAER Phenom Service Bulletin No. 505-57-0004, 
dated February 16, 2012.
    (4) Group 4 airplanes specified in paragraph (c)(4) of this AD:
    (i) Within the next 24 months after August 6, 2012 (the 
effective date of this AD), inspect the ailerons, elevators, and 
rudder for the existence of required drain holes.
    (ii) Before further flight after the inspection required in 
paragraph (f)(4)(i) of this AD, if the required drain holes do not 
exist, drill the drain holes.
    (iii) Do the actions required in paragraphs (f)(4)(i) and 
(f)(4)(ii) of this AD following Part I of the Accomplishment 
Instructions in EMBRAER Phenom Service Bulletin No. 505-57-0004, 
dated February 16, 2012.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Standards Office, FAA, has the authority to approve AMOCs for this 
AD, if requested using the procedures found in 14 CFR 39.19. Send 
information to ATTN: Jim Rutherford, Aerospace Engineer, FAA, Small 
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 
64106; telephone: (816) 329-4165; fax: (816) 329-4090; email: 
<a href="/cdn-cgi/l/email-protection#a2c8cbcf8cd0d7d6cac7d0c4cdd0c6e2c4c3c38cc5cdd4"><span class="__cf_email__" data-cfemail="59333034772b2c2d313c2b3f362b3d193f3838773e362f">[email&#160;protected]</span></a>. Before using any approved AMOC on any 
airplane to which the AMOC applies, notify your appropriate 
principal inspector (PI) in the FAA Flight Standards District Office 
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, a federal agency may not conduct or sponsor, and a person 
is not required to respond to, nor shall a person be subject to a 
penalty for failure to comply with a collection of information 
subject to the requirements of the Paperwork Reduction Act unless 
that collection of information displays a current valid OMB Control 
Number. The OMB Control Number for this information collection is 
2120-0056. Public reporting for this collection of information is 
estimated to be approximately 5 minutes per response, including the 
time for reviewing instructions, completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Comments concerning the accuracy of this 
burden and suggestions for reducing the burden should be directed to 
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: 
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to MCAI Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) Brazilian Airworthiness Directive 2012-03-01, dated 
March 20, 2012; EMBRAER Phenom Service Bulletin No. 505-57-0002, 
dated February 13, 2012; EMBRAER Phenom Service Bulletin No. 505-57-
0003, dated November 16, 2011; and EMBRAER Phenom Service Bulletin 
No. 505-57-0004, dated February 16, 2012, for related information.

(i) Material Incorporated by Reference

    (1) You must use the following service information to do the 
actions required by this AD, unless the AD specifies otherwise. The 
Director of the Federal Register approved the incorporation by 
reference (IBR) under 5 U.S.C. 552(a) and 1 CFR part 51 of the 
following service information on:
    (i) EMBRAER Phenom Service Bulletin No. 505-57-0002, dated 
February 13, 2012;
    (ii) EMBRAER Phenom Service Bulletin No. 505-57-0003, dated 
November 16, 2011; and
    (iii) EMBRAER Phenom Service Bulletin No. 505-57-0004, dated 
February 16, 2012.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Phenom Maintenance 
Support, Av. Brigadeiro Faria Lima, 2170, S[atilde]o Jos[eacute] dos 
Campos--SP, CEP: 12227-901--P.O. Box 36/2, BRASIL; fax ++55 12 3927-
2619; email <a href="/cdn-cgi/l/email-protection#e3938b868d8c8ecd91868f8a82818a8f8a979aa3868e8191828691cd808c8ecd8191"><span class="__cf_email__" data-cfemail="b6c6ded3d8d9db98c4d3dadfd7d4dfdadfc2cff6d3dbd4c4d7d3c498d5d9db98d4c4">[email&#160;protected]</span></a>; Internet: <a href="http://www.embraer.com">http://www.embraer.com</a>.
    (3) You may review copies of the service information at the FAA, 
Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. 
For information on the

[[Page 39162]]

availability of this material at the FAA, call (816) 329-4148.
    (4) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to <a href="http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html</a>.

    Issued in Kansas City, Missouri, on June 21, 2012.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-15752 Filed 6-29-12; 8:45 am]
BILLING CODE 4910-13-P