DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0441; Directorate Identifier 2012-CE-011-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileria de
Aeronautica S.A. (EMBRAER) Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Empresa Brasileria de Aeron[aacute]utica S.A. (EMBRAER) Model
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 an
inadequate amount of drain holes in the primary control surfaces
(rudder, elevator, and aileron) and their tab surfaces 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
proposed AD to require actions to address the unsafe condition on these
products.

DATES: We must receive comments on this proposed AD by June 8, 2012.

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
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 phenom.reliability@embraer.com.br; Internet: http://www.embraer.com.
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.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov;
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 Directorate, 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-2012-0441;
Directorate Identifier 2012-CE-011-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 Agencia Nacional de Aviacao Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2012-03-01, dated March 20, 2012 (referred to
after this as "the MCAI"), 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.

Relevant Service Information

EMBRAER has issued Phenom Service Bulletin No. 505-57-0002, dated
February 13, 2012; Phenom Service Bulletin No. 505-57-0003, dated
November 16, 2011; and Phenom Service Bulletin No. 505-57-0004, dated
February 16, 2012. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

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 38 products of U.S. registry.

We also estimate that it would 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 proposed AD. The average labor
rate is $85 per work-hour.

Based on these figures, we estimate the cost of the proposed
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 would
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 would 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 proposed AD. The average labor rate
is $85 per work-hour. Required parts would cost about $100 per product.

Based on these figures, we estimate the cost of the proposed
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 proposed
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 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.

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

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]

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