DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0466; Project Identifier MCAI-2020-00504-A;
Amendment 39-21143; AD 2020-12-08]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Empresa Brasileira de Aeron[aacute]utica S.A.)
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding airworthiness directive (AD) 2011-20-01
for certain Empresa Brasileira de Aeron[aacute]utica S.A. (now Embraer
S.A.) Model EMB-505 airplanes. AD 2011-20-01 required replacing the
bolts that attach the balance mass weights to the elevator structure.
This AD requires inspections of the mass-balance weights of the
elevators, ailerons, and rudder (flight control surfaces) and their
attachment parts and corrective actions if necessary, and revising the
airworthiness limitation section of the existing maintenance manual or
instructions for continued airworthiness to incorporate new
airworthiness limitations. This AD also adds airplanes to the
applicability. This AD was prompted by reports of corrosion in the
mass-balance weights of the flight control surfaces, and a
determination that new airworthiness limitations are necessary. The FAA
is issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective July 1, 2020.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 1,
2020.
The FAA must receive any comments on this AD by July 31, 2020.

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 https://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 Phenom
Maintenance Support, Avenida Brigadeiro Faria Lima, 2170, P.O. Box 36/
2, Sao Jose dos Campos, 12227-901, Brazil; phone: +55 12
3927 1000; email: phenom.reliability@embraer.com.br; website: https://www.embraer.com.br/en-US/Pages/home.aspx. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 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 https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0466.

Examining the AD Docket

You may examine the AD docket on the internet at https://www.regulations.gov
by searching for and locating Docket No. FAA-2020-
0466; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the mandatory continuing airworthiness information (MCAI), any
comments received, and other information. The street address for Docket
Operations is listed above. Comments will be available in the AD docket
shortly after receipt.

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

SUPPLEMENTARY INFORMATION:

Discussion

The FAA issued AD 2011-20-01, Amendment 39-16810 (76 FR 59240,
September 26, 2011) (``AD 2011-20-01''), for certain serial-numbered
Empresa Brasileira de Aeron[aacute]utica S.A. (now Embraer S.A.) Model
EMB-505 airplanes. AD 2011-20-01 required replacing the bolts that
attach the balance mass weights to the elevator structure. AD 2011-20-
01 resulted from a determination that there was a possibility of
freeplay between the mass-balance weight and the elevator structure. AD
2011-20-01 was prompted by MCAI issued by the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for
Brazil. The FAA issued AD 2011-20-01 to address this condition which,
if not corrected, could lead to elevator flutter and loss of airplane
control.

Actions Since AD 2011-20-01 Was Issued

Since the FAA issued AD 2011-20-01, there have been reports of
corrosion in the mass-balance weights of the flight control surfaces.
The FAA has determined that new airworthiness limitations are necessary
for all Embraer S.A. Model EMB-505 airplanes.
The ANAC has issued Brazilian Emergency AD No. 2020-01-01, dated
January 9, 2020 (referred to after this as ``the MCAI''), to address
the unsafe condition on all Embraer S.A. Model EMB-505 airplanes. The
MCAI states:

It has been found the occurrence of corrosion in the mass-
balance weights of the control surfaces. The corrosion may lead to
loss of mass or the detachment of the mass-balance weights,
resulting in an unbalanced control surface, which, in conjunction
with certain flight conditions, could lead to flutter and possible
loss of airplane control.

You may obtain further information by examining the MCAI in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2020-0466.

Related Service Information Under 1 CFR Part 51

The FAA reviewed Embraer Alert Service Bulletin SB505-55-A004,
Revision 5, dated December 12, 2019. The service information applies to
certain serial-numbered Model EMB-505 airplanes and contains procedures
for inspecting the mass-balance weights of the elevators, ailerons, and
rudders (flight control surfaces) and their respective attachment parts
for corrosion and fragmentation, and corrective actions. Corrective
actions include installation of a stainless steel mass-balance,
replacement of the mass-balance, and replacement of attachment parts.
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.

Other Related Service Information

Embraer has issued Embraer Alert Service Bulletin SB505-55-A004,
Revision 2, dated November 6, 2019; Embraer Alert Service Bulletin
SB505-55-A004, Revision 3, dated November 13, 2019; Embraer Alert
Service Bulletin SB505-55-A004, Revision 4, dated November 21, 2019.
The actions specified in these service bulletins are the same as those
specified in Embraer Alert Service Bulletin SB505-55-A004, Revision 5,
dated December 12, 2019; however, revision 5 was issued to add serial-
numbered airplanes to the applicability.

FAA's Determination

This product has been approved by the aviation authority of Brazil,
and is approved for operation in the United States. Pursuant to our
bilateral agreement with Brazil, it has notified the FAA of the unsafe
condition described in the MCAI and service information referenced
above. The FAA is issuing this AD because the agency evaluated all the
relevant information provided by ANAC and determined the unsafe
condition described previously exists and is likely to exist or develop
in other products of the same type design.

AD Requirements

For certain serial-numbered airplanes, this AD requires
accomplishing the actions specified in the service information
described previously, except as specified in ``Differences Between this
AD and the Service Information.'' This AD also requires sending certain
inspection results to Embraer. For all Model EMB-505 airplanes, this AD
requires revising the airworthiness limitations section of the existing
maintenance manual or instructions for continued airworthiness to
incorporate new airworthiness limitations.
Compliance with the airworthiness limitations section is required
by 14 CFR 91.403(c). If an airplane has been previously modified,
altered, or repaired in the areas addressed by this AD, and an operator
is unable to accomplish the actions described in the revisions to
comply with 14 CFR 91.403(c), the operator must request approval for an
alternative method of compliance using the procedures in paragraph
(n)(1) of this AD.

Differences Between This AD and the Service Information

Embraer Alert Service Bulletin SB505-55-A004, Revision 5, dated
December 12, 2019, contains procedures for inspecting for the integrity
of the mass-balance weights of the elevators, ailerons, and rudder (flight
control surfaces) and their attachment parts. This AD does not include
that requirement.

FAA's Justification and 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
reports of corrosion in the mass-balance weights of the flight control
surfaces, which may lead to loss of mass or the detachment of the mass-
balance weights, resulting in an unbalanced control surface, which,
could lead to flutter and possible loss of airplane control.
Additionally, the compliance time for the required action is shorter
than the time necessary for the public to comment and for publication
of the final rule. Therefore, the FAA finds good cause that notice and
opportunity for prior public comment are impracticable. In addition,
for the reasons stated above, the FAA finds that good cause exists for
making this amendment effective in less than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight
safety, and the FAA did not provide you with notice and an opportunity
to provide your comments before it becomes effective. However, the FAA
invites you to send any written data, views, or arguments about this
final rule. Send your comments to an address listed under the ADDRESSES
section. Include the docket number FAA-2020-0466 and project identifier
MCAI-2020-00504-A at the beginning of your comments. The FAA
specifically invites comments on the overall regulatory, economic,
environmental, and energy aspects of this final rule. The FAA will
consider all comments received by the closing date and may amend this
final rule because of those comments.
The FAA will post all comments received, without change, to https://www.
regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact received about this final rule.

Regulatory Flexibility Act

The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without notice and comment,
RFA analysis is not required.

Costs of Compliance

The FAA estimates that this AD affects 376 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

Estimated Costs

The FAA estimates the following costs to do any necessary
installations or replacements that would be required based on the
results of the inspection. The FAA has no way of determining the number
of aircraft that might need these actions:

On-Condition Costs

According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. The FAA does not control warranty coverage for affected
individuals. As a result, the FAA has included all costs in this 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 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 currently 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 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, completing and reviewing the collection of
information. All responses to this collection of information are
mandatory. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing this burden to: Information Collection Clearance Officer,
Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX
76177-1524.

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.
The FAA is 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, and
(2) Will not affect intrastate aviation in Alaska.

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 part 39 of the Federal Aviation
Regulations (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 removing airworthiness directive (AD)
2011-20-01, Amendment 39-16810 (76 FR 59240, September 26, 2011), and
adding the following new AD: