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2014-15-51 EMBRAER S.A.: Amendment 39-17953; Docket No. FAA-2014-0511; Directorate Identifier 2014-CE-023-AD.
(a) EFFECTIVE DATE

    This AD  is effective  September 5, 2014  to  all persons except those
    persons to  whom it  was made  immediately effective  by Emergency  AD
    2014-15-51, issued on July 25, 2014, which contained the  requirements
    of this amendment.

(b) AFFECTED ADS

    None.

(c) APPLICABILITY

    This  AD  applies  to Embraer  S.A.  Model  EMB-500 airplanes,  serial
    numbers 50000218 through  50000333, 50000336, 50000337,  50000339, and
    50000341, certificated in any category.

(d) SUBJECT

    Joint Aircraft System Component (JASC)/Air Transport Association (ATA)
    of America Code 55, Stabilizers.

(e) UNSAFE CONDITION

    This AD was prompted by mandatory continuing airworthiness information
    (MCAI) issued by the aviation authority of another country to identify
    and  correct an  unsafe condition  on an  aviation product.  The  MCAI
    describes the unsafe condition as  cracking of the barrel nuts  at the
    horizontal stabilizer to vertical stabilizer attachment joint. We  are
    issuing this AD to detect and  correct cracking of the barrel nuts  at
    the horizontal stabilizer to vertical stabilizer attachment joint that
    could result in reduced structural integrity of the affected part  and
    consequent detachment of the horizontal stabilizer from the airplane.

(f) COMPLIANCE

    Comply  with this  AD within  the compliance  times specified,  unless
    already done.

(g) INSPECTION

    Before further flight after the effective date of this AD, inspect all
    of  the  barrel  self-locking nuts  at  the  horizontal stabilizer  to
    vertical stabilizer joint following the ACCOMPLISHMENT INSTRUCTIONS in
    Embraer S.A. Phenom Alert  Service Bulletin No. 500-55-A004,  Revision
    02, dated July 25, 2014.

(h) REPLACEMENT

    If, during the inspection required in paragraph (g) of this AD, any of
    the barrel nuts  are found to  be part number  (P/N) NAS577B7A, before
    further flight, replace the applicable barrel nuts with new barrel nut
    P/N RMLH2577-070 following the ACCOMPLISHMENT INSTRUCTIONS in  Embraer
    S.A. Phenom Alert Service Bulletin No. 500-55-A004, Revision 02, dated
    July 25, 2014.

(i) REPORTING REQUIREMENT

    Within 10 days after the inspection required in paragraph (g) of  this
    AD, send the inspection results to Embraer using the "Service Bulletin
    Implementation and Evaluation Form"  available on the Internet  in the
    FLYEmbraer portal at: www.flyembraer.com.

(j) CREDIT FOR ACTIONS ACCOMPLISHED IN ACCORDANCE  WITH  PREVIOUS  SERVICE
    INFORMATION

    This AD provides  credit for the  actions required in  paragraphs (g),
    (h) and (i)  of this AD,  if those actions  were performed before  the
    effective date  of this  AD, using  Embraer S.A.  Phenom Alert Service
    Bulletin No. 500-55-A004, Revision 01, dated July 24, 2014, or Embraer
    S.A. Phenom  Alert Service  Bulletin No.  500-55-A004, Basic Revision,
    dated July 21, 2014.

(k) SPECIAL FLIGHT PERMIT

    No special flight permits allowed.

(l) PAPERWORK REDUCTION ACT BURDEN STATEMENT

    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.

(m) ALTERNATIVE METHODS OF COMPLIANCE (AMOCS)

(1) The Manager,  Standards Office,  Small Airplane Directorate,  FAA, has
    the authority  to approve  AMOCs for  this AD,  if requested using the
    procedures found  in 14  CFR 39.19.  In accordance  with 14 CFR 39.19,
    send  your  request  to  your  principal  inspector  or  local  Flight
    Standards  District  Office, as  appropriate.  If sending  information
    directly to the manager  of the ACO, send  it to the attention  of the
    person identified in paragraph (n) of this AD.

(2) Before using any approved AMOC,  notify your appropriate principal in-
    spector, or lacking  a principal inspector,  the manager of  the local
    flight standards district office/certificate holding district office.

(n) RELATED INFORMATION

(1) For more information about this AD, 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.

(2) Refer  to  MCAI  Agencia De Aviacao Civil (ANAC)  AD  No.: 2014-07-02,
    dated July 25, 2014, and MCAI ANAC AD No.: 2014-07-03,  dated July 25,
    2014 for related information. You may examine the MCAI on the Internet
    at http://www.regulations.gov by searching for and locating Docket No.
    FAA-2014-0511.

Note 1 to paragraph (n)(2) of this AD:  After the FAA issued Emergency  AD
2014-15-51,  ANAC  issued AD  No.:  2014-07-03,  dated  July 25, 2014,  to
supersede  ANAC  AD.:  No.   2014-07-02.  All  requirement  changes   were
incorporated into FAA  emergency AD 2014-15-51  and are incorporated  into
this AD.

(o) 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) Embraer S.A. Phenom  Alert Service Bulletin No. 500-55-A004,  Revision
    02, dated July 25, 2014

(ii) Reserved.

(3) For Embraer S.A. service information identified  in this AD,  contact:
    EMBRAER S.A.,  Phenom  Maintenance  Support,  Avenida Brigadeiro Faria
    Lima, 2170,  Putim,  CEP: 12227-901,  Sao Jose dos Campos,  Sao Paulo,
    Brasil; phone: (+55 12) 3927-1000; Fax: (+55 12) 3927-6600, Ext. 1448;
    email: phenom.reliability@embraer.com.br: Internet: http://www.embraer
    executivejets.com/en-US/customer-support/Pages/Service-Center-Network.
    aspxt.

(4) You  may  view  this  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.

(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 August  11,  2014. Earl  Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.

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.ruther
ford@faa.gov.
PREAMBLE 

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Embraer S.A. Model EMB-500 airplanes. This AD was sent previously to
all known U.S. owners and operators of these airplanes as an emergency
AD. This AD requires an inspection and replacement as necessary of the
barrel nuts at the horizontal stabilizer to vertical stabilizer
attachment joint. This AD was prompted by mandatory continuing
airworthiness information (MCAI) issued by the aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as cracking
of the barrel nuts at the horizontal stabilizer to vertical stabilizer
attachment joint. We are issuing this AD to correct the unsafe
condition on these products.

DATES: This AD is effective August 21, 2014 to all persons except those
persons to whom it was made immediately effective by Emergency AD 2014-
15-51, issued on July 25, 2014, which contained the requirements of
this amendment.
The Director of the Federal Register approved the incorporation by
reference of a certain publication identified in this AD as of August
21, 2014.
We must receive comments on this AD by October 6, 2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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.
Maill: 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this AD, contact: EMBRAER
S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 2170,
Putim, CEP: 12227-901, Sao Jose dos Campos, Sao Paulo, Brasil; phone:
(+55 12) 3927-1000; Fax: (+55 12) 3927-6600, Ext. 1448; email:
phenom.reliability@embraer.com.br: Internet: http://www.embraerexecutivejets.
com/en-US/customer-support/Pages/Service-Center-Network.aspxt.

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-2014-
0511; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations Office
(phone: 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:

Discussion

On July 25, 2014, we issued Emergency AD 2014-15-51, which requires
inspection and replacement as necessary of the barrel nuts at the
horizontal stabilizer to vertical stabilizer attachment joint on
Embraer S.A. Model EMB-500 airplanes. This emergency AD was sent
previously to all known U.S. owners and operators of these airplanes.
This action was prompted the Agencia Nacional De Aviacao Civil (ANAC),
which is the aviation authority for Brazil, issuing emergency AD No.:
2014-07-02, dated July 25, 2014 (referred to after this as ``the
MCAI''), to correct an unsafe condition for Embraer S.A. Model EMB-500
airplanes. The MCAI states:

This EAD results from a report of cracking in the barrel nuts at
the horizontal stabilizer-to-vertical stabilizer attachment joint
found during an inspection at the assembly line. This EAD is being
issued to detect and correct cracking of the barrel nuts at the
horizontal stabilizer-to-vertical stabilizer attachment joint, which
could result in reduced structural integrity of the affected part
and consequent detachment of the horizontal stabilizer from the
airplane.
Since this condition may exist in other airplanes of the same
type and affects flight safety, an immediate corrective action is
required. Thus, sufficient reason exists to request compliance with
this EAD in the indicated time limit without prior notice.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2014-0511.

Relevant Service Information

Embraer S.A. has issued Phenom Alert Service Bulletin No. 500-55-
A004, Revision 02, dated July 25, 2014. The actions described in this
service bulletin are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination

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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

AD Requirements

This AD requires an inspection and replacement as necessary of the
barrel nuts at the horizontal stabilizer to vertical stabilizer
attachment joint. This AD also requires sending the inspection results
to Embraer.

FAA's Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because of a
report of cracking in the barrel nuts at the horizontal stabilizer-to-
vertical stabilizer attachment joint found during an inspection at the
assembly line. This condition could result in reduced structural
integrity of the affected part and consequent detachment of the
horizontal stabilizer from the airplane. Since this condition may exist
in other airplanes of the same type and affects flight safety, an
immediate corrective action is required. Therefore, we determined that
notice and opportunity for public comment before issuing this AD are
impracticable and that good cause exists for making this amendment
effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include the docket number FAA-2014-0511 and
Directorate Identifier 2014-CE-023-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this AD. We will
consider all comments received by the closing date and may amend this
AD because of those comments.
We will post all comments we receive, without change, to http://www.
regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

We estimate that this AD will affect 45 products of U.S. registry.
We also estimate that it would take about 2.5 work-hours 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 the AD on U.S.
operators to be $9,562.50 or $212.50 per product.
In addition, we estimate that any necessary follow-on actions would
take about 2 work-hours and require parts costing $150, for a cost of
$320 per product. We have no way of determining the number of products
that may need these actions.
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.

Paperwork Reduction Act


A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to 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 control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is 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.

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

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 that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Is not a ``significant rule'' under 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.

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


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 airworthiness
directive (AD):