DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1504; Project Identifier MCAI-2023-00473-A;
Amendment 39-22595; AD 2023-22-11]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This AD was
prompted by an occurrence of corrosion on the clutch retaining bolt of
the aileron autopilot servo mount. This AD requires repetitively
replacing the clutch retaining bolt and washer of the aileron autopilot
servo mount, as specified in an Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD is effective December 26, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 26,
2023.

ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No.FAA-2023-1504; 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 final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
For service information identified in this final rule,
contact ANAC, Continuing Airworthiness Technical Branch (GTAC), Rua
Doutor Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre
B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
Sao Jose dos Campos--SP, Brazil; phone: 55 (12) 3203-
6600; email: pac@anac.gov.br; website: anac.gov.br/en/. You may find
this material on the ANAC website at sistemas.anac.gov.br/certificacao/
DA/DAE.asp.
You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 901 Locust, Kansas City,
MO 64106. For information on the availability of this material at the
FAA, call (817) 222-5110. It is also available at regulations.gov under
Docket No. FAA-2023-1504.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (816) 329-4165; email: jim.rutherford@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain serial-numbered
Embraer Model EMB-505 airplanes. The NPRM published in the Federal
Register on July 21, 2023 (88 FR 47092). The NPRM was prompted by AD
2023-02-01R1, effective March 14, 2023 (ANAC AD 2023-02-01R1) (also
referred to as the MCAI), issued by ANAC, which is the aviation
authority for Brazil. The MCAI states that an occurrence of corrosion
was found on the clutch retaining bolt of the aileron autopilot servo
mount. This condition could result in failure of the clutch retaining
bolt of the aileron autopilot servo mount, which could disengage the
clutch from the drive pin and jam the aileron controls, resulting in
reduced controllability of the airplane.
In the NPRM, the FAA proposed to require repetitively replacing the
clutch retaining bolt and washer of the aileron autopilot servo mount,
as specified in ANAC AD 2023-02-01R1. The FAA is issuing this AD to
address the unsafe condition on these products.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1504.

Discussion of Final Airworthiness Directive

Comments

The FAA received comments from Embraer and NetJets. The following
presents the comments received on the NPRM and the FAA's response to
each comment.

Request To Revise Exceptions in Paragraph (h)(3)

Embraer requested that paragraph (h)(3) of the proposed AD,
``Exceptions to ANAC AD 2023-02-01R1'', be revised to state ``. . .
this AD requires compliance with the most restrictive criteria for each
applicability range (in months and flight hours) in Table 01 of ANAC AD
2023-02-01R1.'' The commenter explained that this change would clarify
the language within this exception so that operators would know that
not all affected aircraft would have to perform the task within the
most restrictive criteria of within 3 months or 50 flight hours.
The FAA agrees with the commenter's request and revised paragraph
(h)(3) of this AD accordingly.

Request To Add a Credit for Previous Actions Paragraph

NetJets requested that a credit for previous actions paragraph be
added to the proposed AD, similar to paragraph (c) of ANAC AD 2023-02-
01R1. The commenter explained that this change would allow operators to
sign off the compliance to the FAA AD using Embraer Service Bulletin
SB505-22-0004, Revision 01, dated September 23, 2022 (Embraer SB505-22-
0004, Revision 01); Revision 02, dated September 30, 2022 (Embraer
SB505-22-0004, Revision 02); or Revision 03, dated October 10, 2022
(Embraer SB505-22-0004, Revision 03).
The FAA disagrees with the commenter's request. This AD already
implicitly provides credit for certain actions completed prior to the
effective date of this AD. Paragraph (g) of this AD requires operators
to comply with all required actions and compliance times specified in
ANAC AD 2023-02-01R1, except as specified in paragraphs (h) and (i) of
this AD. Paragraph (h) of this AD is ``Exceptions to ANAC AD 2023-02-
01R1'' and paragraph (i) of this AD is ``No Reporting Requirement.''
Paragraph (h) of this AD does not include an exception to paragraph (c)
of ANAC AD 2023-02-01R1, which is identified as ``Credit for previous
actions.'' Paragraph (c) of ANAC AD 2023-02-01R1 provides credit for
replacement of the aileron autopilot servo mount clutch retaining bolt
and washer using Embraer Service Bulletin SB505-22-0004, dated
September 22, 2023; Embraer SB505-22-0004, Revision 01; Embraer SB505-
22-0004, Revision 02; or Embraer SB505-22-0004, Revision 03. Because
this AD does not include an exception to paragraph
(c) of ANAC AD 2023-02-01R1, it allows operators to take credit for
actions done prior to the effective date of this AD using revisions of
Embraer SB505-22-0004 that are earlier than Revision 04, dated January
6, 2023, as provided by paragraph (c) of ANAC AD 2023-02-01R1;
therefore, there is no need to revise this AD per the commenter's
request.
The FAA has not changed this AD regarding this issue.

Conclusion

These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI referenced above. The FAA reviewed the relevant data,
considered the comments received, and determined that air safety
requires adopting this AD as proposed. Accordingly, the FAA is issuing
this AD to address the unsafe condition on these products. Except for
minor editorial changes and any changes described previously, this AD
is adopted as proposed in the NPRM. None of the changes increase the
economic burden on any operator.

Related Service Information Under 1 CFR Part 51

ANAC AD 2023-02-01R1 specifies procedures for replacing the clutch
retaining bolt and washer of the aileron autopilot servo mount.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in ADDRESSES.

Costs of Compliance

The FAA estimates that this AD affects 505 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:

Estimated Costs

The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, all of the costs associated
with the initial bolt and washer replacement may be covered under
warranty.

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,
(2) Will not affect intrastate aviation in Alaska, and
(3) 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.

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: