DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1119; Product Identifier 2017-CE-037-AD; Amendment
39-19241; AD 2018-07-10]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. 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 Embraer
S.A. Models EMB-500 and 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 improperly tied castle nuts on the aileron, rudder, and
elevator trim tab (or autotab) attachment bolts. We are issuing this AD
to require actions to address the unsafe condition on these products.

DATES: This AD is effective May 15, 2018.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 15, 2018.

ADDRESSES: You may examine the AD docket on the internet at http://www.
regulations.gov by searching for and locating Docket No. FAA-2017-
1119; or in person at Docket Operations, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
For service information identified in this AD, contact Embraer
S.A., Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 2170,
Sao Jose dos Campos--SP-12227-901, P.O. Box 36/2, Brasil;
phone: +55 12 3927 1000; fax: +55 12 3927-2619; email:
phenom.reliability@embraer.com.br; internet: http://www.embraer.com.br/en-US/Pages/home.aspx. You may view this referenced service information
at the FAA, Policy and Innovation Division, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material at
the FAA, call (816) 329-4148. It is also available on the internet at
http://www.regulations.gov by searching for Docket No. FAA-2017-1119.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090;
email: jim.rutherford@faa.gov.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to Embraer S.A. Models EMB-500
and EMB-505 airplanes. The NPRM was published in the Federal Register
on December 4, 2017 (82 FR 57172). The NPRM proposed to correct an
unsafe condition for the specified products and was based on mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country. The MCAI states:

This [ANAC] AD results of a report of one airplane having
improperly tied castle nut on the aileron, rudder and elevator trim
tab (or autotab) attachment bolts. A disconnected surface may cause
an increase in dynamic loads and probable flutter, which may cause
structural failure and possible loss of control of the airplane.
Since this condition may occur in other airplanes of the same
type and affects flight safety, a corrective action is required.
Thus, sufficient reason exists to request compliance with this
[ANAC] AD in the indicated time limit without prior notice.

The MCAI can be found in the AD docket on the internet at: https://www.regulations.gov/document?D=FAA-2017-1119-0002.

Comments

We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the proposal
and the FAA's response to each comment.

Request To Withdraw NPRM

Eduardo Cerdeira and Ricardo Hollerbach, both from Embraer S.A.,
commented that all of the affected airplanes have been inspected with
no faults found; therefore, there is no need for the proposed AD. They
state that, since the issuance of the original versions of the service
information for the two affected fleets, Embraer S.A. has been in
direct contact with all the applicable operators in the world to
encourage them to accomplish the required inspections as soon as
possible. Since the start of the inspections, the commenters state that
the completion status has been provided to the FAA, as well as the
aviation authorities of Europe (EASA), and Brazil (ANAC). As of
December 6, 2017, they stated that all affected airplanes, as defined
in the current service information, have been inspected with no faults
found. Finally, the commenters provided tables showing each of the
affected airplane serial numbers and the date on which the applicable
service information was accomplished.
We don't agree with this comment. The FAA contacted Embraer. S.A.
to obtain records to show that all airplanes were in compliance with
the actions in this AD. Embraer S.A. informed the FAA that they were
unable to provide such information. While the FAA appreciates the
effort that the commenters went to in order to assure that the unsafe
condition was addressed on the affected airplanes, our policy of not
accepting assurance from a design approval holder that all products are
in compliance as a reason to not issue an AD action requires us to move
forward with the issuance of the final rule AD. Please note that the
Action and Compliance paragraph within the FAA AD begins with the
phrase ``unless already done'', which may apply in this case.

Conclusion

We reviewed the relevant data, considered the comment received, 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:
Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

Embraer S.A. has issued PHENOM by Embraer Alert Service Bulletin
500-27-A026, Revision 1, dated October 6, 2017; and PHENOM by Embraer
Alert Service Bulletin 505-27-A028, Revision 2, dated October 6, 2017.
For the applicable models, the service information describes procedures
for inspection of the aileron trim tab, rudder trim tab, and elevator
trim tab, and, if required, application of torque and installation of a
cotter pin. This service information is reasonably available because
the interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
AD.

Costs of Compliance

We estimate that this AD will affect 114 products of U.S. registry.
We also estimate that it would take about 1 work-hour 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 this AD on U.S.
operators to be $9,690, or $85 per product.
In addition, we estimate that any necessary follow-on actions would
take about 3 work-hours and require parts costing $50, for a cost of
$305 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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to small airplanes, gliders,
balloons, airships, domestic business jet transport airplanes, and
associated appliances to the Director of the Policy and Innovation
Division.

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 http://www.regulations.gov
by searching for and locating Docket No. FAA-2017-
1119; 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

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: