DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2014-0740; Directorate Identifier 2014-CE-030-AD;
Amendment 39-17978; AD 2014-20-05]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.
A.
(EMBRAER) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for
Empresa
Brasileira de Aeronautica S. A. (EMBRAER) Models EMB-110P1 and EMB-
110P2 airplanes. This AD results from 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 corrosion
and cracking on the rudder trim tab actuator terminal. We are issuing
this AD to require actions to address the unsafe condition on these
products.
DATES: This AD is effective October 27, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of October 27,
2014.
We must receive comments on this AD by November 21, 2014.
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 AD, contact Embraer--
S.A., EFTC--Service Bulletin Engineering, Avenida Brigadeiro Faria
Lima, 2170, S[atilde]o Jos[eacute] dos Campos--SP--12227-901, Brasil;
phone: +55 12 3927 1000; fax: +55 12 3927-6600 (ext. 1624); email:
fleet.reliability@embraer.com.br; internet: http://www.flyembraer.com.
You may view this 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 by searching for and locating Docket No. FAA-2014-
0740; 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 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:
Discussion
The Agencia Nacional de Aviacao Civil (ANAC),
which is the aviation authority for Brazil, has issued AD No.: 2014-09-
01, dated September 4, 2014 (referred to after this as ``the MCAI''),
to correct an unsafe condition for Empresa Brasileira de Aeronautica S.
A. (EMBRAER) Models EMB-110P1 and EMB-110P2 airplanes. The MCAI states:
This AD was prompted by a report of an in-service occurrence
were an EMB-110 airplane performed a forced landing, due to a strong
vibration felt by the pilots after the takeoff. The investigation
determined that the cause of the vibration most likely resulted from
a broken fork end on the rudder trim tab actuator that connects the
trim tab to the trim tab actuator due to severe corrosion. We are
issuing this AD to detect and correct corrosion and cracking on the
rudder trim tab actuator terminal, which could cause the terminal to
fail and result in loss of control of 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 AD in the indicated time limit without prior notice.
This AD requires inspection of the rudder trim tab actuator components
to detect discrepancies and corrosion on the rudder trim tab actuator
components and, if any discrepancy exists, repair before further flight
is required. You may examine the MCAI on the Internet at http://www.
regulations.gov by searching for and locating Docket No. FAA-2014-
0740.
Relevant Service Information
Empresa Brasileira de Aeronautica S. A. (EMBRAER) has issued
EMBRAER Alert Service Bulletin SB No.: 110-27-A095, dated August 21,
2014. 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 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 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.
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
corrosion and cracking on the rudder trim tab actuator terminal could
cause the terminal to fail and result in loss of control. 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 we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2014-0740; Directorate
Identifier 2014-CE-030-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 21 products of U.S. registry.
We also estimate that it would take about 4.5 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts would cost about $50 per product.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $9,082.50, or $432.50 per product.
In addition, we estimate that any necessary follow-on actions would
take about 3 work-hours and require parts costing $485, for a cost of
$740 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.
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 that 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.
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 AD:
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