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):
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