Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Empresa Brasileira de Aeronáutica S.A.) Airplanes, 50487-50493 [2021-19304]

Download as PDF Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules (d) Subject Air Transport Association (ATA) of America Code 57, Wings. (e) Unsafe Condition This AD was prompted by reports of bolt rotation in the engine drag fitting joint and fastener heads and cracks found in the skin of the fastener holes, and the need to reduce the compliance time for certain groups. The FAA is issuing this AD to address cracking in the wing upper skin and forward drag fittings, which could lead to a compromised upper link and reduced structural integrity of the engine strut, and possible separation of a strut and engine from the airplane during flight. (f) Compliance Comply with this AD within the compliance times specified, unless already done. lotter on DSK11XQN23PROD with PROPOSALS1 (g) New Required Actions Except as specified by paragraph (h) of this AD: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757–57A0073 RB, Revision 2, dated March 1, 2021, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757–57A0073 RB, Revision 2, dated March 1, 2021. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 757–57A0073, Revision 2, dated March 1, 2021, which is referred to in Boeing Alert Requirements Bulletin 757–57A0073 RB, Revision 2, dated March 1, 2021. (h) Exceptions to Service Information Specifications (1) Where Boeing Alert Requirements Bulletin 757–57A0073 RB, Revision 2, dated March 1, 2021 uses the phrase ‘‘the Original Issue date of Requirements Bulletin 757– 57A0073 RB,’’ this AD requires using September 10, 2018 (the effective date of AD 2018–16–05, Amendment 39–19345 (83 FR 38250, August 6, 2018)). (2) Where the ‘‘Effectivity’’ paragraph and the Condition and Compliance Time columns of the tables in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757– 57A0073 RB, Revision 2, dated March 1, 2021, uses the phrase ‘‘the Revision 1 date of Requirements Bulletin 757–57A0073 RB date of this service bulletin,’’ this AD requires using January 14, 2021 (the effective date of AD 2020–21–17). (3) Where the ‘‘Effectivity’’ paragraph and the Condition and Compliance Time columns of the tables in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin 757– 57A0073 RB, Revision 2, dated March 1, 2021, uses the phrase ‘‘the Revision 2 date of Requirements Bulletin 757–57A0073 RB,’’ this AD requires using the effective date of this AD. (4) Where Boeing Alert Requirements Bulletin 757–57A0073 RB, Revision 2, dated March 1, 2021, specifies contacting Boeing for repair instructions: This AD requires doing the repair using a method approved in VerDate Sep<11>2014 17:23 Sep 08, 2021 Jkt 253001 50487 accordance with the procedures specified in paragraph (j) of this AD. availability of this material at the FAA, call 206–231–3195. (i) Credit for Previous Actions (1) This paragraph provides credit for the actions specified in paragraph (g) of this AD, except for the open-hole high frequency eddy current inspections at fastener locations 11– 18, if those actions were performed before the effective date of this AD using Boeing Alert Requirements Bulletin 757–57A0073 RB, dated July 14, 2017. (2) This paragraph provides credit for the actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Requirements Bulletin 757–57A0073 RB, Revision 1, dated August 1, 2019. This service information is not incorporated by reference in this AD. Issued on August 12, 2021. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in Related Information. Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (4) AMOCs approved for AD 2020–21–17 are approved as AMOCs for the corresponding provisions of Boeing Alert Requirements Bulletin 757–57A0073 RB, Revision 2, dated March 1, 2021, that are required by paragraph (g) of this AD. [FR Doc. 2021–19460 Filed 9–8–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–1073; Project Identifier MCAI–2020–01303–A] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Empresa Brasileira de Aerona´utica S.A.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to supersede Airworthiness Directive (AD) 2020–12–08, which applies to all Embraer S.A. Model EMB–505 airplanes. AD 2020–12–08 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 maintenance manual or instructions for continued airworthiness to incorporate new airworthiness limitations. Since AD 2020–12–08 was issued, the FAA has determined that new applicable airplane serial numbers and new criteria for the replacement of affected parts must be required in order to address the unsafe condition. This proposed AD would retain the actions required by AD 2020– (k) Related Information 12–08 and would require, for certain (1) For more information about this AD, airplanes, cleaning and weighing certain contact David Truong, Aerospace Engineer, mass-balances and installation or Airframe Section, FAA, Los Angeles ACO replacement, as applicable; and for Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627– certain other mass-balances for certain 5224; fax: 562–627–5210; email: airplanes, replacement of those massdavid.truong@faa.gov. balances. The FAA is proposing this AD (2) For service information identified in to address the unsafe condition on these this AD, contact Boeing Commercial products. Airplanes, Attention: Contractual & Data DATES : The FAA must receive comments Services (C&DS), 2600 Westminster Blvd., on this proposed AD by October 25, MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https:// 2021. www.myboeingfleet.com. You may view this referenced service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 SUMMARY: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: ADDRESSES: E:\FR\FM\09SEP1.SGM 09SEP1 50488 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules • 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: 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 NPRM, contact Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 2170, P.O. Box 36/2, Sa˜o 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, MO 64106. For information on the availability of this material at the FAA, call (816) 329–4148. lotter on DSK11XQN23PROD with PROPOSALS1 Examining the AD Docket You may examine the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–1073; 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 NPRM, the MCAI, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329–4165; fax: (816) 329–4090; email: jim.rutherford@ faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2020–1073; Project Identifier MCAI–2020–01303–A’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend the proposal because of those comments. Except for Confidential Business Information (CBI) as described in the VerDate Sep<11>2014 17:23 Sep 08, 2021 Jkt 253001 following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to https:// www.regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this proposed AD. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Jim Rutherford, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background The FAA issued AD 2020–12–08, Amendment 39–21143 (85 FR 36312, June 16, 2020) (AD 2020–12–08), for Embraer S.A. (type certificate previously held by Empresa Brasileira de Aerona´utica S.A.) Model EMB–505 airplanes, all serial numbers. AD 2020– 12–08 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. AD 2020–12– 08 was based on mandatory continuing airworthiness information (MCAI) issued by the Ageˆncia Nacional de Aviac¸a˜o Civil (ANAC), which is the aviation authority for Brazil. ANAC issued Brazilian Emergency AD No. 2020–01–01, dated January 9, 2020, to address the unsafe condition on all Embraer S.A. Model EMB–505 airplanes. AD 2020–12–08 requires, for certain serial-numbered airplanes, inspecting the mass-balance weights of the flight control surfaces and their attachment PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 parts for corrosion and fragmentation, and corrective actions if necessary, including sending inspection results to Embraer. For all airplanes, AD 2020–12– 08 requires revising the airworthiness limitation section of the maintenance manual or instructions for continued airworthiness to incorporate new airworthiness limitations. The FAA issued AD 2020–12–08 to address corrosion in the mass-balance weights of the flight control surfaces. The unsafe condition, if not addressed, could result in loss of mass or the detachment of the mass-balance weights, resulting in an unbalanced control surface, which could lead to flutter and loss of airplane control. Actions Since AD 2020–12–08 Was Issued Since the FAA issued AD 2020–12– 08, ANAC superseded Brazilian Emergency AD No. 2020–01–01, dated January 9, 2020, and issued Brazilian AD No. 2020–09–01, dated September 8, 2020 (referred to after this as ‘‘the MCAI’’). 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 detachment of the massbalance weights, resulting in an unbalance control surface, which, in conjunction with certain flight conditions, could lead to flutter and possible loss of airplane control. 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. After [ANAC] EAD 2020–01–01 was released, a reassessment of the unsafe condition by Embraer and, subsequently, the SB 505–55–0004, revisions 0 and 1, dated March 25th, 2020 and June 24, 2020, respectively, expanding the list of affected aircraft serial numbers (S/Ns) as well as inserting more restrictive criteria to determine the replacement of affected P/Ns. Therefore, this [ANAC] AD retains the requirements of [ANAC] EAD 2020–01–01, which is superseded, and incorporates new applicable aircraft S/Ns and new criteria for the replacement of affected P/Ns. You may examine the MCAI at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–1073. Comments on AD 2020–12–08 The FAA issued AD 2020–12–08 as a final rule; request for comments. The FAA received comments on AD 2020– 12–08 from Flexjet LLC (Flexjet), an individual, and two anonymous commenters. Flexjet and an anonymous commenter requested that AD 2020–12–08 allow credit for previous actions using E:\FR\FM\09SEP1.SGM 09SEP1 50489 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules Embraer Alert Service Bulletin SB505– 55–A004, Revision 5, dated December 12, 2019 (SB505–550A004 R5), as that service bulletin is not listed in paragraph (l) of AD 2020–12–08 (‘‘Credit for Previous Actions’’ paragraph). The FAA notes that the actions of AD 2020–12–08 must be done in accordance with SB505–55A004 R5. Paragraph (f) of AD 2020–12–08 requires compliance ‘‘unless already done.’’ Thus, AD 2020– 12–08 already allows operators to take credit for using SB505–55A004 R5 if done before the effective date of the AD. Flexjet and an anonymous commenter requested AD 2020–12–08 include Embraer Service Bulletin SB505–55– 0004, dated March 24, 2020 (SB505–55– 0004), as this service bulletin addresses the worldwide fleet. The FAA agrees. SB505–55–0004 includes additional actions, which are required by ANAC AD No. 2020–09–01, dated September 8, 2020. This proposed AD would include those additional requirements. The individual commenter noted that SB505–55–0004, SB505–55A004 R5, and Embraer Alert Service Bulletin SB505–55–A004, Revision 06, dated March 25, 2020, apply to different ranges of serial numbers and requested the FAA clarify the correct serial numbers for AD 2020–12–08. AD 2020–12–08 applies to all Model EMB–505 airplanes, regardless of serial number. However, only those airplanes with a serial number in SB505–55A004 R5 are required to do the actions in paragraphs (h) and (k) of AD 2020–12– 08. Related Service Information Under 1 CFR Part 51 The FAA reviewed Embraer Alert Service Bulletin SB505–55–A004, Revision 06, dated March 25, 2020. This service information specifies procedures for inspecting the mass-balance weights of the flight control surfaces and their respective attachment parts for corrosion and fragmentation, and performing corrective actions on certain serial-numbered Model EMB–505 airplanes. Corrective actions include installation of a stainless steel massbalance, replacement of the massbalance, and replacement of attachment parts. The FAA also reviewed Embraer Service Bulletin SB505–55–0004, Revision 01, dated June 24, 2020. This service information specifies procedures, for certain airplanes, for cleaning and weighing the elevator, aileron, and rudder mass-balances, and installing or replacing the mass-balances (includes replacing attachment parts), as applicable, and for certain elevator mass-balances for certain airplanes, replacing those elevator mass-balances (includes replacing attachment parts). Embraer has also issued Alert Service Bulletin SB505–55–A004, Revision 5, dated December 12, 2019, which the Director of the Federal Register approved for incorporation by reference as of July 1, 2020 (85 FR 36312, June 16, 2020). 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 ADDRESSES. Other Related Service Information Embraer has issued Embraer Service Bulletin SB505–55–0004, dated March 25, 2020. The actions specified in Embraer Service Bulletin SB505–55– 0004, dated March 25, 2020, are the same as those specified in Embraer Alert Service Bulletin SB505–55–0004, Revision 01, dated June 24, 2020; however, Embraer Alert Service Bulletin SB505 55–0004, Revision 01, dated June 24, 2020, was issued to add serialnumbered airplanes to the effectivity. No additional work is required for airplanes on which Embraer Service Bulletin SB505–55–0004, dated March 25, 2020, has been accomplished. 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 the FAA’s bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI and service information described above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. Proposed AD Requirements in This NPRM This proposed AD would retain the actions required by AD 2020–12–08 and would require, for certain airplanes, cleaning and weighing the elevator, aileron, and rudder mass-balances, and installation or replacement, as applicable of the mass-balances. This proposed AD would also remove the reporting required by AD 2020–12–08. For the retained requirement to revise the airworthiness limitations section (ALS) of the existing maintenance manual or instructions for continued airworthiness in paragraph (i) of this proposed AD, the FAA notes the inspection tasks are part of Chapter 5 of the aircraft maintenance manual—Part III—scheduled maintenance requirements. This proposed AD would require these tasks as new airworthiness limitations. Differences Between This Proposed AD and the Service Information Embraer Alert Service Bulletin SB505–55–A004, Revision 5, dated December 12, 2019; and Revision 06, dated March 25, 2020, contain procedures for inspecting for the integrity of the mass-balance weights of flight control surfaces and their attachment parts. This proposed AD would not include that requirement. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 392 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: lotter on DSK11XQN23PROD with PROPOSALS1 ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Parts cost Cost per product Retained inspections from AD 2020-12-08. Retained ALS revision from AD 2020– 12–08. New cleaning, weighing, and replacement. 9 work-hours × $85 per hour = $765 .. $100 ...................... $865 ...................... $339,080. 1 work hour × 85 per hour = $85 ........ $0 .......................... $85 ........................ $33,320. Up to 130 work-hours × $85 per hour = Up to $11,050. Up to $18,118 ....... Up to $29,168 ....... Up to $11,433,856. VerDate Sep<11>2014 17:23 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\09SEP1.SGM 09SEP1 Cost on U.S. operators 50490 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules The FAA estimates the following costs to do any necessary installations or replacements that would be required based on the results of the inspections and weighing. The FAA has no way of determining the number of aircraft that might need these actions: ESTIMATED COSTS OF ON-CONDITION ACTIONS Action Labor cost Parts cost Cost per product Installation or replacement .............. Up to 129 work-hours × $85 per hour = Up to $10,965 ........................... Up to $18,118 Up to $29,083 The FAA has included all known costs in this cost estimate. According to the manufacturer, however, some of the costs of this proposed AD may be covered under warranty, thereby reducing the cost impact on affected operators. 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. lotter on DSK11XQN23PROD with PROPOSALS1 Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 the proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. VerDate Sep<11>2014 17:23 Sep 08, 2021 Jkt 253001 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. unsafe condition, if not addressed, could result in loss of mass or the detachment of the mass-balance weights, resulting in an unbalanced control surface, which could lead to flutter and loss of airplane control. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: (f) Compliance Comply with this AD within the compliance times specified, unless already done. 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by: a. Removing Airworthiness Directive 2020–12–08, Amendment 39–21143 (85 FR 36312, June 16, 2020); and ■ b. Adding the following new airworthiness directive: ■ ■ Embraer S.A. (Type Certificate previously held by Empresa Brasileira de Aerona´utica S.A.): Docket No. FAA– 2020–1073; Project Identifier MCAI– 2020–01303–A. (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) action by October 25, 2021. (b) Affected ADs This AD replaces AD 2020–12–08, Amendment 39–21143 (85 FR 36312, June 16, 2020) (AD 2020–12–08). (c) Applicability This AD applies to Embraer S.A. (type certificate previously held by Empresa Brasileira de Aerona´utica S.A.) Model EMB– 505 airplanes, all serial numbers, certificated in any category. (d) Subject Joint Aircraft System Component (JASC) Code 5520, Elevator Structure; 5540, Rudder Structure; and 5751, Ailerons. (e) Unsafe Condition 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 corrosion in the mass-balance weights of the flight control surfaces. The PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 (g) Retained Compliance Times for the Actions Required by Paragraph (h) of This AD, With No Changes This paragraph restates the requirements of paragraph (g) of AD 2020–12–08, with no changes. For airplanes with a serial number listed in Embraer Alert Service Bulletin SB505–55–A004, Revision 5, dated December 12, 2019 (SB505–55–A004R5): At the applicable compliance time specified in paragraph (g)(1), (2), or (3) of this AD, accomplish the actions required by paragraph (h) of this AD. (1) For airplanes with a serial number listed in Group 1 of Embraer Alert SB505– 55–A004R5: Within 3 calendar days or 5 hours time-in-service (TIS), whichever occurs first, after July 1, 2020 (the effective date of AD 2020–12–08). (2) For airplanes with a serial number listed in Group 3 of SB505–55–A004R5: Within 30 calendar days or 50 hours TIS, whichever occurs first, after July 1, 2020 (the effective date of AD 2020–12–08). (3) For airplanes with a serial number listed in Group 2 of SB505–55–A004R5: Within 60 calendar days or 100 hours TIS, whichever occurs first, after July 1, 2020 (the effective date of AD 2020–12–08). (h) Retained Required Actions, Without Reporting Requirement This paragraph restates the requirements of paragraph (h) of AD 2020–12–08, without the requirement to report information to Embraer. For airplanes with a serial number listed in SB505–55–A004R5, at the applicable time specified in paragraph (g) of this AD: Do the inspections identified in paragraphs (h)(1) through (6) of this AD and, before further flight, install or replace the mass-balance, as applicable, and replace the attachment parts, in accordance with Parts I through VI and Part VIII, as applicable, of the Accomplishment Instructions of SB505–55– A004R5; except, where the service information tells you to submit information to Embraer, this AD does not require that action. (1) Do an inspection of the elevator horn mass-balance weights and attachment parts for corrosion and fragmentation, and weigh each mass-balance. E:\FR\FM\09SEP1.SGM 09SEP1 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules (2) Do an inspection of the elevator internal mass-balance weights and attachment parts for corrosion and fragmentation, and weigh each mass-balance. You must remove and weigh the mass-balance weight even if there is no sign of corrosion or material fragmentation. (3) Do an inspection of the elevator adjustable mass-balance weights and attachment parts for corrosion and fragmentation, and weigh each mass-balance. (4) Do an inspection of the aileron massbalance weights and attachment parts for corrosion and fragmentation, and weigh each mass-balance. You must remove and weigh the mass-balance weight even if there is no sign of corrosion or material fragmentation. (5) Do an inspection of the rudder adjustable mass-balance weights and attachment parts for corrosion and fragmentation, and weigh each mass-balance. (6) Do an inspection of the rudder internal mass-balance weights and attachment parts for corrosion and fragmentation and, weigh each mass-balance. You must remove and weigh the mass-balance weight even if there is no sign of corrosion or material fragmentation. 50491 (i) Retained Revision of the Airworthiness Limitations Section, With No Changes This paragraph restates the requirements of paragraph (i) of AD 2020–12–08, with no changes. Within 10 days after July 1, 2020 (the effective date of AD 2020–12–08), revise the airworthiness limitations section (ALS) of the existing maintenance manual or instructions for continued airworthiness to add the information in table 1 to paragraph (i) of this AD and the initial compliance time information in table 2 to paragraph (i) of this AD. BILLING CODE 4910–13–P VerDate Sep<11>2014 Maintenance Requirement Inspection Type Inspection Title Interval 55-20-04-001 General visual inspection (GVI) Internal GVI of Elevator MassBalance Weight and Attachments 60 Months 55-20-04-002 Special detailed inspection (SDI) SDI (Borescope Method) of Elevator Mass-Balance Weight and Attachments 60MO 55-40-04-002 GVI Internal GVI of Rudder Adjustable Mass-Balance Weight and Attachments 60MO 55-40-04-003 SDI SDI (Borescope Method) of Rudder Fixed Mass-Balance Weight and Attachments 60MO 57-60-00-001 Detailed visual inspection (DET) External DET of the Aileron 60MO 17:23 Sep 08, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4725 E:\FR\FM\09SEP1.SGM (MO) 09SEP1 EP09SE21.000</GPH> lotter on DSK11XQN23PROD with PROPOSALS1 Table 1 of paragraph (i) - New Airworthiness Limitations 50492 Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules Table 2 of paragraph (i) - Initial compliance time for the inspections listed in Table 1 of paragraph (i) of this AD Age of airplane on July 1, 2020 (the effective date of AD 2020-12-08) Initial Compliance Time for Each Inspection Less than 48 MO since the date of issuance of the original airworthiness certificate or the original export certificate of airworthiness Within 60 MO after the date of issuance of the original airworthiness certificate or the original export certificate of airworthiness Between 48 MO and 72 MO since the date of issuance of the original airworthiness certificate or the original export certificate of airworthiness Within 12 MO after July 1, 2020 (the effective date of AD 2020-12-08), or within 72 MO after the date of issuance of the original airworthiness certificate or the original export certificate of airworthiness, whichever occurs first More than 72 MO since the date of issuance of the original airworthiness certificate or the original export certificate of airworthiness Within 30 days after July 1, 2020 (the effective date of AD 2020-12-08) (j) Retained Provision: No Alternative Actions or Intervals, With No Changes This paragraph restates the requirements of paragraph (j) of AD 2020–12–08, with no changes. After the ALS has been revised as required by paragraph (i) of this AD, no alternative inspection intervals may be approved, except as provided in paragraph (p) of this AD. (k) New Definition For the purposes of this AD, ‘‘since new’’ is defined as since the date of issuance of the original airworthiness certificate or the original export certificate of airworthiness. lotter on DSK11XQN23PROD with PROPOSALS1 (l) New Elevator Mass-Balance Actions (Groups 1, 2, and 3) At the applicable compliance time specified in paragraph (l)(1), (2), or (3) of this AD, clean, weigh, and, as applicable, install or replace the elevator mass-balances; or replace the elevator mass-balances; as applicable, in accordance with Part I of the Accomplishment Instructions in Embraer Service Bulletin SB505–55–0004, Revision 01, dated June 24, 2020 (SB505–55– 0004R01). Where steps (1)(d), (2)(d), and (3)(e) of Part I of the Accomplishment Instructions in SB505–55–0004R01 reference ‘‘criteria of the PART I,’’ use the criteria in section 1.D. of SB505–55–0004R01. VerDate Sep<11>2014 17:23 Sep 08, 2021 Jkt 253001 (1) For airplanes with a serial number listed as Group 1 or Group 3 in paragraphs 1.A.(1)(a) and (c), respectively, of SB505–55– 0004R01: Within 12 months after the effective date of this AD. (2) For airplanes with a serial number listed as Group 2 in paragraph 1.A.(1)(b) of SB505–55–0004R01, which are not included in the effectivity of SB505–55–A004R5 or Embraer Alert Service Bulletin SB505–55– A004, Revision 06, dated March 25, 2020 (SB505–55–A004R06): At the applicable compliance time specified in paragraph (l)(2)(i), (ii), (iii), (iv), (v), or (vi) of this AD. (i) For airplanes with 12 or fewer months since new as of the effective date of this AD: Within 18 months after the effective date of this AD. (ii) For airplanes with more than 12 months but 24 or fewer months since new as of the effective date of this AD: Within 12 months after the effective date of this AD. (iii) For airplanes with more than 24 months but 36 or fewer months since new as of the effective date of this AD: Within 9 months after the effective date of this AD. (iv) For airplanes with more than 36 months but 48 or fewer months since new as of the effective date of this AD: Within 7 months after the effective date of this AD. (v) For airplanes with more than 48 months but 60 or fewer months since new as of the effective date of this AD: Within 6 months after the effective date of this AD. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 (vi) For airplanes with more than 60 months since new as of the effective date of this AD: Within 5 months after the effective date of this AD. (3) For airplanes with a serial number listed as Group 2 in paragraph 1.A.(1)(b) of SB505–55–0004R01, which are included in the effectivity of SB505–55–A004R5 or SB505–55–A004R06: Before further flight. (m) New Aileron Mass Balance Actions (Groups 1 and 2) At the applicable compliance time specified in paragraph (m)(1), (2), or (3) of this AD, clean, weigh, and, as applicable, install or replace the aileron mass-balance in accordance with Part II of the Accomplishment Instructions in SB505–55– 0004R01. Where steps (1)(c) and (2)(c) of Part II of the Accomplishment Instructions in SB505–55–0004R01 reference ‘‘criteria of the PART II,’’ use the criteria in section 1.D. of SB505–55–0004R01. (1) For airplanes with a serial number listed as Group 1 in paragraph 1.A.(2)(a) of SB505–55–0004R01: Within 60 months after the effective date of this AD. (2) For airplanes with a serial number listed as Group 2 in paragraph 1.A.(2)(b) of SB505–55–0004R01, which are not included in the effectivity of SB505–55–A004R5 or SB505–55–A004R06: At the applicable compliance time specified in paragraph (m)(2)(i) or (ii) of this AD. E:\FR\FM\09SEP1.SGM 09SEP1 EP09SE21.001</GPH> BILLING CODE 4910–13–C Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Proposed Rules (i) For airplanes with 59 or fewer months since new as of the effective date of this AD: Within 60 months since new. (ii) For airplanes with more than 59 months since new as of the effective date of this AD: Within 120 months since new. (3) For airplanes with a serial number listed as Group 2 in paragraph 1.A.(2)(b) of SB505–55–0004R01, which are included in the effectivity of SB505–55–A004R5 or SB505–55–A004R06: Before further flight. lotter on DSK11XQN23PROD with PROPOSALS1 (n) New Rudder Mass Balance Actions (Groups 1 and 2) At the applicable compliance time specified in paragraph (n)(1), (2), or (3) of this AD, clean, weigh, and, as applicable, install or replace the rudder mass-balances in accordance with Part III of the Accomplishment Instructions in SB505–55– 0004R01. Where steps (1)(c) and (2)(c) of Part III of the Accomplishment Instructions in SB505–55–0004R01 reference ‘‘criteria of the PART III,’’ use the criteria in section 1.D. of SB505–55–0004R01. (1) For airplanes with a serial number listed as Group 1 in paragraph 1.A.(3)(a) of SB505–55–0004R01: At the applicable compliance time specified in paragraph (n)(1)(i), (ii), or (iii) of this AD. (i) For airplanes with 59 or fewer months since new as of the effective date of this AD: Within 60 months since new. (ii) For airplanes with more than 59 months but 119 or fewer months since new as of the effective date of this AD: Within 120 months since new. (iii) For airplanes with more than 119 months since new as of the effective date of this AD: Within 6 months after the effective date of this AD. (2) For airplanes with a serial number listed as Group 2 in paragraph 1.A.(3)(b) of SB505–55–0004R01, which are not included in the effectivity of SB505–55–A004R5 or SB505–55–A004R06: At the applicable compliance time specified in paragraph (n)(2)(i) or (ii) of this AD. (i) For airplanes with 59 or fewer months since new as of the effective date of this AD: Within 60 months since new. (ii) For airplanes with more than 59 months since new as of the effective date of this AD: Within 120 months since new. (3) For airplanes with a serial number listed as Group 2 in paragraph 1.A.(3)(b) of SB505–55–0004R01, which are included in the effectivity of SB505–55–A004R5 or SB505–55–A004R06: Before further flight. (o) Credit for Previous Actions (1) This paragraph provides credit for the actions required by paragraph (h) of this AD, if you performed those actions before July 1, 2020 (the effective date of AD 2020–12–08) using the service information specified in paragraphs (o)(1)(i), (ii), or (iii) of this AD. (i) Embraer Alert Service Bulletin SB505– 55–A004, Revision 2, dated November 6, 2019. (ii) Embraer Alert Service Bulletin SB505– 55–A004, Revision 3, dated November 13, 2019. (iii) Embraer Alert Service Bulletin SB505– 55–A004, Revision 4, dated November 21, 2019. VerDate Sep<11>2014 17:23 Sep 08, 2021 Jkt 253001 (2) This paragraph provides credit for the actions required by paragraph (h) of this AD, if you performed those actions before the effective date of this AD using SB505–55– A004R06. (3) This paragraph provides credit for the initial inspections required by table 2 of paragraph (i) of this AD, if you performed those actions before July 1, 2020 (the effective date of AD 2020–12–08) using the service information specified in paragraphs (o)(3)(i), (ii), or (iii) of this AD. (i) Embraer Alert Service Bulletin SB505– 55–A004, Revision 2, dated November 6, 2019. (ii) Embraer Alert Service Bulletin SB505– 55–A004, Revision 3, dated November 13, 2019. (iii) Embraer Alert Service Bulletin SB505– 55–A004, Revision 4, dated November 21, 2019. (4) This paragraph provides credit for the initial inspections required by table 2 of paragraph (i) of this AD, if you performed those actions before the effective date of this AD using SB505–55–A004R5 or SB505–55– A004R06. (5) This paragraph provides credit for the actions required by paragraphs (l), (m), and (n) of this AD, if you performed those actions before the effective date of this AD using Embraer Service Bulletin SB505–55–0004, dated March 25, 2020. (p) Alternative Methods of Compliance (AMOCs) (1) The Manager, General Aviation & Rotorcraft Section, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the General Aviation & Rotorcraft Section, International Validation Branch, send it to the attention of the person identified in Related Information or email: 9AVS-AIR-730-AMOC@faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/ certificate holding district office. (3) AMOCs approved for AD 2020–12–08 are approved as AMOCs for the corresponding provisions of this AD. (q) Related Information (1) For more information about this AD, contact Jim Rutherford, Aviation Safety Engineer, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329–4165; fax: (816) 329–4090; email: jim.rutherford@faa.gov. (2) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian AD No. 2020–09–01, dated September 8, 2020, for related information. You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–1073. (3) For service information identified in this AD, contact Phenom Maintenance PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 50493 Support, Avenida Brigadeiro Faria Lima, 2170, P.O. Box 36/2, Sa˜o 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, MO 64106. For information on the availability of this material at the FAA, call (816) 329–4148. Issued on August 31, 2021. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–19304 Filed 9–8–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2021–0704; Airspace Docket No. 21–AWP–32] RIN 2120–AA66 Proposed Amendment of United States Area Navigation Route Q–73 in the Vicinity of Twentynine Palms, CA Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to amend United States Area Navigation (RNAV) route Q–73 due to the creation of Special Activity Airspace (SAA) (Bristol Air Traffic Control Assigned Airspace (ATCAA)) in the vicinity of Twentynine Palms, CA. DATES: Comments must be received on or before October 25, 2021. ADDRESSES: Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590; telephone: 1(800) 647–5527, or (202) 366–9826. You must identify FAA Docket No. FAA–2021–0704; Airspace Docket No. 21–AWP–32 at the beginning of your comments. You may also submit comments through the internet at https://www.regulations.gov. FAA Order 7400.11E, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_ traffic/publications/. For further information, you can contact the Rules and Regulations Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, SUMMARY: E:\FR\FM\09SEP1.SGM 09SEP1

Agencies

[Federal Register Volume 86, Number 172 (Thursday, September 9, 2021)]
[Proposed Rules]
[Pages 50487-50493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19304]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1073; Project Identifier MCAI-2020-01303-A]
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: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-12-08, which applies to all Embraer S.A. Model EMB-505 airplanes. 
AD 2020-12-08 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 maintenance manual or 
instructions for continued airworthiness to incorporate new 
airworthiness limitations. Since AD 2020-12-08 was issued, the FAA has 
determined that new applicable airplane serial numbers and new criteria 
for the replacement of affected parts must be required in order to 
address the unsafe condition. This proposed AD would retain the actions 
required by AD 2020-12-08 and would require, for certain airplanes, 
cleaning and weighing certain mass-balances and installation or 
replacement, as applicable; and for certain other mass-balances for 
certain airplanes, replacement of those mass-balances. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 25, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:

[[Page 50488]]

     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: 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 NPRM, contact Phenom 
Maintenance Support, Avenida Brigadeiro Faria Lima, 2170, P.O. Box 36/
2, S[atilde]o Jos[eacute] dos Campos, 12227-901, Brazil; phone: +55 12 
3927 1000; email: [email protected]; 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, MO 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 at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1073; 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 NPRM, the MCAI, 
any comments received, and other information. The street address for 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, General Aviation & Rotorcraft Section, International 
Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: 
(816) 329-4165; fax: (816) 329-4090; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2020-1073; Project Identifier 
MCAI-2020-01303-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to Jim 
Rutherford, Aviation Safety Engineer, General Aviation & Rotorcraft 
Section, International Validation Branch, 901 Locust, Room 301, Kansas 
City, MO 64106. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    The FAA issued AD 2020-12-08, Amendment 39-21143 (85 FR 36312, June 
16, 2020) (AD 2020-12-08), for Embraer S.A. (type certificate 
previously held by Empresa Brasileira de Aeron[aacute]utica S.A.) Model 
EMB-505 airplanes, all serial numbers. AD 2020-12-08 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. AD 2020-12-08 was based on mandatory continuing 
airworthiness information (MCAI) issued by the Ag[ecirc]ncia Nacional 
de Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority 
for Brazil. ANAC issued Brazilian Emergency AD No. 2020-01-01, dated 
January 9, 2020, to address the unsafe condition on all Embraer S.A. 
Model EMB-505 airplanes.
    AD 2020-12-08 requires, for certain serial-numbered airplanes, 
inspecting the mass-balance weights of the flight control surfaces and 
their attachment parts for corrosion and fragmentation, and corrective 
actions if necessary, including sending inspection results to Embraer. 
For all airplanes, AD 2020-12-08 requires revising the airworthiness 
limitation section of the maintenance manual or instructions for 
continued airworthiness to incorporate new airworthiness limitations.
    The FAA issued AD 2020-12-08 to address corrosion in the mass-
balance weights of the flight control surfaces. The unsafe condition, 
if not addressed, could result in loss of mass or the detachment of the 
mass-balance weights, resulting in an unbalanced control surface, which 
could lead to flutter and loss of airplane control.

Actions Since AD 2020-12-08 Was Issued

    Since the FAA issued AD 2020-12-08, ANAC superseded Brazilian 
Emergency AD No. 2020-01-01, dated January 9, 2020, and issued 
Brazilian AD No. 2020-09-01, dated September 8, 2020 (referred to after 
this as ``the MCAI''). 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 detachment of the mass-balance weights, resulting in 
an unbalance control surface, which, in conjunction with certain 
flight conditions, could lead to flutter and possible loss of 
airplane control.
    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.
    After [ANAC] EAD 2020-01-01 was released, a reassessment of the 
unsafe condition by Embraer and, subsequently, the SB 505-55-0004, 
revisions 0 and 1, dated March 25th, 2020 and June 24, 2020, 
respectively, expanding the list of affected aircraft serial numbers 
(S/Ns) as well as inserting more restrictive criteria to determine 
the replacement of affected P/Ns.
    Therefore, this [ANAC] AD retains the requirements of [ANAC] EAD 
2020-01-01, which is superseded, and incorporates new applicable 
aircraft S/Ns and new criteria for the replacement of affected P/Ns.

    You may examine the MCAI at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1073.

Comments on AD 2020-12-08

    The FAA issued AD 2020-12-08 as a final rule; request for comments. 
The FAA received comments on AD 2020-12-08 from Flexjet LLC (Flexjet), 
an individual, and two anonymous commenters.
    Flexjet and an anonymous commenter requested that AD 2020-12-08 
allow credit for previous actions using

[[Page 50489]]

Embraer Alert Service Bulletin SB505-55-A004, Revision 5, dated 
December 12, 2019 (SB505-550A004 R5), as that service bulletin is not 
listed in paragraph (l) of AD 2020-12-08 (``Credit for Previous 
Actions'' paragraph).
    The FAA notes that the actions of AD 2020-12-08 must be done in 
accordance with SB505-55A004 R5. Paragraph (f) of AD 2020-12-08 
requires compliance ``unless already done.'' Thus, AD 2020-12-08 
already allows operators to take credit for using SB505-55A004 R5 if 
done before the effective date of the AD.
    Flexjet and an anonymous commenter requested AD 2020-12-08 include 
Embraer Service Bulletin SB505-55-0004, dated March 24, 2020 (SB505-55-
0004), as this service bulletin addresses the worldwide fleet.
    The FAA agrees. SB505-55-0004 includes additional actions, which 
are required by ANAC AD No. 2020-09-01, dated September 8, 2020. This 
proposed AD would include those additional requirements.
    The individual commenter noted that SB505-55-0004, SB505-55A004 R5, 
and Embraer Alert Service Bulletin SB505-55-A004, Revision 06, dated 
March 25, 2020, apply to different ranges of serial numbers and 
requested the FAA clarify the correct serial numbers for AD 2020-12-08.
    AD 2020-12-08 applies to all Model EMB-505 airplanes, regardless of 
serial number. However, only those airplanes with a serial number in 
SB505-55A004 R5 are required to do the actions in paragraphs (h) and 
(k) of AD 2020-12-08.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Embraer Alert Service Bulletin SB505-55-A004, 
Revision 06, dated March 25, 2020. This service information specifies 
procedures for inspecting the mass-balance weights of the flight 
control surfaces and their respective attachment parts for corrosion 
and fragmentation, and performing corrective actions on certain serial-
numbered Model EMB-505 airplanes. Corrective actions include 
installation of a stainless steel mass-balance, replacement of the 
mass-balance, and replacement of attachment parts.
    The FAA also reviewed Embraer Service Bulletin SB505-55-0004, 
Revision 01, dated June 24, 2020. This service information specifies 
procedures, for certain airplanes, for cleaning and weighing the 
elevator, aileron, and rudder mass-balances, and installing or 
replacing the mass-balances (includes replacing attachment parts), as 
applicable, and for certain elevator mass-balances for certain 
airplanes, replacing those elevator mass-balances (includes replacing 
attachment parts).
    Embraer has also issued Alert Service Bulletin SB505-55-A004, 
Revision 5, dated December 12, 2019, which the Director of the Federal 
Register approved for incorporation by reference as of July 1, 2020 (85 
FR 36312, June 16, 2020).
    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 ADDRESSES.

Other Related Service Information

    Embraer has issued Embraer Service Bulletin SB505-55-0004, dated 
March 25, 2020. The actions specified in Embraer Service Bulletin 
SB505-55-0004, dated March 25, 2020, are the same as those specified in 
Embraer Alert Service Bulletin SB505-55-0004, Revision 01, dated June 
24, 2020; however, Embraer Alert Service Bulletin SB505 55-0004, 
Revision 01, dated June 24, 2020, was issued to add serial-numbered 
airplanes to the effectivity. No additional work is required for 
airplanes on which Embraer Service Bulletin SB505-55-0004, dated March 
25, 2020, has been accomplished.

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 the FAA's bilateral agreement with this State of Design Authority, 
it has notified the FAA of the unsafe condition described in the MCAI 
and service information described above. The FAA is issuing this NPRM 
after determining that the unsafe condition described previously is 
likely to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the actions required by AD 2020-12-08 
and would require, for certain airplanes, cleaning and weighing the 
elevator, aileron, and rudder mass-balances, and installation or 
replacement, as applicable of the mass-balances. This proposed AD would 
also remove the reporting required by AD 2020-12-08.
    For the retained requirement to revise the airworthiness 
limitations section (ALS) of the existing maintenance manual or 
instructions for continued airworthiness in paragraph (i) of this 
proposed AD, the FAA notes the inspection tasks are part of Chapter 5 
of the aircraft maintenance manual--Part III--scheduled maintenance 
requirements. This proposed AD would require these tasks as new 
airworthiness limitations.

Differences Between This Proposed AD and the Service Information

    Embraer Alert Service Bulletin SB505-55-A004, Revision 5, dated 
December 12, 2019; and Revision 06, dated March 25, 2020, contain 
procedures for inspecting for the integrity of the mass-balance weights 
of flight control surfaces and their attachment parts. This proposed AD 
would not include that requirement.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 392 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                   Labor cost          Parts cost       Cost per  product       operators
----------------------------------------------------------------------------------------------------------------
Retained inspections from AD      9 work-hours x $85  $100..............  $865..............  $339,080.
 2020[dash]12[dash]08.             per hour = $765.
Retained ALS revision from AD     1 work hour x 85    $0................  $85...............  $33,320.
 2020-12-08.                       per hour = $85.
New cleaning, weighing, and       Up to 130 work-     Up to $18,118.....  Up to $29,168.....  Up to $11,433,856.
 replacement.                      hours x $85 per
                                   hour = Up to
                                   $11,050.
----------------------------------------------------------------------------------------------------------------


[[Page 50490]]

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

                                     Estimated Costs of On-Condition Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Installation or replacement...................  Up to 129 work-hours x $85 per     Up to $18,118   Up to $29,083
                                                 hour = Up to $10,965.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in this cost estimate. 
According to the manufacturer, however, some of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators.

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive 2020-12-08, Amendment 39-21143 (85 
FR 36312, June 16, 2020); and
0
b. Adding the following new airworthiness directive:

Embraer S.A. (Type Certificate previously held by Empresa Brasileira 
de Aeron[aacute]utica S.A.): Docket No. FAA-2020-1073; Project 
Identifier MCAI-2020-01303-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) action by October 25, 2021.

(b) Affected ADs

    This AD replaces AD 2020-12-08, Amendment 39-21143 (85 FR 36312, 
June 16, 2020) (AD 2020-12-08).

(c) Applicability

    This AD applies to Embraer S.A. (type certificate previously 
held by Empresa Brasileira de Aeron[aacute]utica S.A.) Model EMB-505 
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 5520, Elevator 
Structure; 5540, Rudder Structure; and 5751, Ailerons.

(e) Unsafe Condition

    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 corrosion in the mass-balance weights of the flight 
control surfaces. The unsafe condition, if not addressed, could 
result in loss of mass or the detachment of the mass-balance 
weights, resulting in an unbalanced control surface, which could 
lead to flutter and loss of airplane control.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Compliance Times for the Actions Required by Paragraph (h) 
of This AD, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2020-12-08, with no changes. For airplanes with a serial number 
listed in Embraer Alert Service Bulletin SB505-55-A004, Revision 5, 
dated December 12, 2019 (SB505-55-A004R5): At the applicable 
compliance time specified in paragraph (g)(1), (2), or (3) of this 
AD, accomplish the actions required by paragraph (h) of this AD.
    (1) For airplanes with a serial number listed in Group 1 of 
Embraer Alert SB505-55-A004R5: Within 3 calendar days or 5 hours 
time-in-service (TIS), whichever occurs first, after July 1, 2020 
(the effective date of AD 2020-12-08).
    (2) For airplanes with a serial number listed in Group 3 of 
SB505-55-A004R5: Within 30 calendar days or 50 hours TIS, whichever 
occurs first, after July 1, 2020 (the effective date of AD 2020-12-
08).
    (3) For airplanes with a serial number listed in Group 2 of 
SB505-55-A004R5: Within 60 calendar days or 100 hours TIS, whichever 
occurs first, after July 1, 2020 (the effective date of AD 2020-12-
08).

(h) Retained Required Actions, Without Reporting Requirement

    This paragraph restates the requirements of paragraph (h) of AD 
2020-12-08, without the requirement to report information to 
Embraer. For airplanes with a serial number listed in SB505-55-
A004R5, at the applicable time specified in paragraph (g) of this 
AD: Do the inspections identified in paragraphs (h)(1) through (6) 
of this AD and, before further flight, install or replace the mass-
balance, as applicable, and replace the attachment parts, in 
accordance with Parts I through VI and Part VIII, as applicable, of 
the Accomplishment Instructions of SB505-55-A004R5; except, where 
the service information tells you to submit information to Embraer, 
this AD does not require that action.
    (1) Do an inspection of the elevator horn mass-balance weights 
and attachment parts for corrosion and fragmentation, and weigh each 
mass-balance.

[[Page 50491]]

    (2) Do an inspection of the elevator internal mass-balance 
weights and attachment parts for corrosion and fragmentation, and 
weigh each mass-balance. You must remove and weigh the mass-balance 
weight even if there is no sign of corrosion or material 
fragmentation.
    (3) Do an inspection of the elevator adjustable mass-balance 
weights and attachment parts for corrosion and fragmentation, and 
weigh each mass-balance.
    (4) Do an inspection of the aileron mass-balance weights and 
attachment parts for corrosion and fragmentation, and weigh each 
mass-balance. You must remove and weigh the mass-balance weight even 
if there is no sign of corrosion or material fragmentation.
    (5) Do an inspection of the rudder adjustable mass-balance 
weights and attachment parts for corrosion and fragmentation, and 
weigh each mass-balance.
    (6) Do an inspection of the rudder internal mass-balance weights 
and attachment parts for corrosion and fragmentation and, weigh each 
mass-balance. You must remove and weigh the mass-balance weight even 
if there is no sign of corrosion or material fragmentation.

(i) Retained Revision of the Airworthiness Limitations Section, With No 
Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2020-12-08, with no changes. Within 10 days after July 1, 2020 (the 
effective date of AD 2020-12-08), revise the airworthiness 
limitations section (ALS) of the existing maintenance manual or 
instructions for continued airworthiness to add the information in 
table 1 to paragraph (i) of this AD and the initial compliance time 
information in table 2 to paragraph (i) of this AD.
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(j) Retained Provision: No Alternative Actions or Intervals, With No 
Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2020-12-08, with no changes. After the ALS has been revised as 
required by paragraph (i) of this AD, no alternative inspection 
intervals may be approved, except as provided in paragraph (p) of 
this AD.

(k) New Definition

    For the purposes of this AD, ``since new'' is defined as since 
the date of issuance of the original airworthiness certificate or 
the original export certificate of airworthiness.

(l) New Elevator Mass-Balance Actions (Groups 1, 2, and 3)

    At the applicable compliance time specified in paragraph (l)(1), 
(2), or (3) of this AD, clean, weigh, and, as applicable, install or 
replace the elevator mass-balances; or replace the elevator mass-
balances; as applicable, in accordance with Part I of the 
Accomplishment Instructions in Embraer Service Bulletin SB505-55-
0004, Revision 01, dated June 24, 2020 (SB505-55-0004R01). Where 
steps (1)(d), (2)(d), and (3)(e) of Part I of the Accomplishment 
Instructions in SB505-55-0004R01 reference ``criteria of the PART 
I,'' use the criteria in section 1.D. of SB505-55-0004R01.
    (1) For airplanes with a serial number listed as Group 1 or 
Group 3 in paragraphs 1.A.(1)(a) and (c), respectively, of SB505-55-
0004R01: Within 12 months after the effective date of this AD.
    (2) For airplanes with a serial number listed as Group 2 in 
paragraph 1.A.(1)(b) of SB505-55-0004R01, which are not included in 
the effectivity of SB505-55-A004R5 or Embraer Alert Service Bulletin 
SB505-55-A004, Revision 06, dated March 25, 2020 (SB505-55-A004R06): 
At the applicable compliance time specified in paragraph (l)(2)(i), 
(ii), (iii), (iv), (v), or (vi) of this AD.
    (i) For airplanes with 12 or fewer months since new as of the 
effective date of this AD: Within 18 months after the effective date 
of this AD.
    (ii) For airplanes with more than 12 months but 24 or fewer 
months since new as of the effective date of this AD: Within 12 
months after the effective date of this AD.
    (iii) For airplanes with more than 24 months but 36 or fewer 
months since new as of the effective date of this AD: Within 9 
months after the effective date of this AD.
    (iv) For airplanes with more than 36 months but 48 or fewer 
months since new as of the effective date of this AD: Within 7 
months after the effective date of this AD.
    (v) For airplanes with more than 48 months but 60 or fewer 
months since new as of the effective date of this AD: Within 6 
months after the effective date of this AD.
    (vi) For airplanes with more than 60 months since new as of the 
effective date of this AD: Within 5 months after the effective date 
of this AD.
    (3) For airplanes with a serial number listed as Group 2 in 
paragraph 1.A.(1)(b) of SB505-55-0004R01, which are included in the 
effectivity of SB505-55-A004R5 or SB505-55-A004R06: Before further 
flight.

(m) New Aileron Mass Balance Actions (Groups 1 and 2)

    At the applicable compliance time specified in paragraph (m)(1), 
(2), or (3) of this AD, clean, weigh, and, as applicable, install or 
replace the aileron mass-balance in accordance with Part II of the 
Accomplishment Instructions in SB505-55-0004R01. Where steps (1)(c) 
and (2)(c) of Part II of the Accomplishment Instructions in SB505-
55-0004R01 reference ``criteria of the PART II,'' use the criteria 
in section 1.D. of SB505-55-0004R01.
    (1) For airplanes with a serial number listed as Group 1 in 
paragraph 1.A.(2)(a) of SB505-55-0004R01: Within 60 months after the 
effective date of this AD.
    (2) For airplanes with a serial number listed as Group 2 in 
paragraph 1.A.(2)(b) of SB505-55-0004R01, which are not included in 
the effectivity of SB505-55-A004R5 or SB505-55-A004R06: At the 
applicable compliance time specified in paragraph (m)(2)(i) or (ii) 
of this AD.

[[Page 50493]]

    (i) For airplanes with 59 or fewer months since new as of the 
effective date of this AD: Within 60 months since new.
    (ii) For airplanes with more than 59 months since new as of the 
effective date of this AD: Within 120 months since new.
    (3) For airplanes with a serial number listed as Group 2 in 
paragraph 1.A.(2)(b) of SB505-55-0004R01, which are included in the 
effectivity of SB505-55-A004R5 or SB505-55-A004R06: Before further 
flight.

(n) New Rudder Mass Balance Actions (Groups 1 and 2)

    At the applicable compliance time specified in paragraph (n)(1), 
(2), or (3) of this AD, clean, weigh, and, as applicable, install or 
replace the rudder mass-balances in accordance with Part III of the 
Accomplishment Instructions in SB505-55-0004R01. Where steps (1)(c) 
and (2)(c) of Part III of the Accomplishment Instructions in SB505-
55-0004R01 reference ``criteria of the PART III,'' use the criteria 
in section 1.D. of SB505-55-0004R01.
    (1) For airplanes with a serial number listed as Group 1 in 
paragraph 1.A.(3)(a) of SB505-55-0004R01: At the applicable 
compliance time specified in paragraph (n)(1)(i), (ii), or (iii) of 
this AD.
    (i) For airplanes with 59 or fewer months since new as of the 
effective date of this AD: Within 60 months since new.
    (ii) For airplanes with more than 59 months but 119 or fewer 
months since new as of the effective date of this AD: Within 120 
months since new.
    (iii) For airplanes with more than 119 months since new as of 
the effective date of this AD: Within 6 months after the effective 
date of this AD.
    (2) For airplanes with a serial number listed as Group 2 in 
paragraph 1.A.(3)(b) of SB505-55-0004R01, which are not included in 
the effectivity of SB505-55-A004R5 or SB505-55-A004R06: At the 
applicable compliance time specified in paragraph (n)(2)(i) or (ii) 
of this AD.
    (i) For airplanes with 59 or fewer months since new as of the 
effective date of this AD: Within 60 months since new.
    (ii) For airplanes with more than 59 months since new as of the 
effective date of this AD: Within 120 months since new.
    (3) For airplanes with a serial number listed as Group 2 in 
paragraph 1.A.(3)(b) of SB505-55-0004R01, which are included in the 
effectivity of SB505-55-A004R5 or SB505-55-A004R06: Before further 
flight.

(o) Credit for Previous Actions

    (1) This paragraph provides credit for the actions required by 
paragraph (h) of this AD, if you performed those actions before July 
1, 2020 (the effective date of AD 2020-12-08) using the service 
information specified in paragraphs (o)(1)(i), (ii), or (iii) of 
this AD.
    (i) Embraer Alert Service Bulletin SB505-55-A004, Revision 2, 
dated November 6, 2019.
    (ii) Embraer Alert Service Bulletin SB505-55-A004, Revision 3, 
dated November 13, 2019.
    (iii) Embraer Alert Service Bulletin SB505-55-A004, Revision 4, 
dated November 21, 2019.
    (2) This paragraph provides credit for the actions required by 
paragraph (h) of this AD, if you performed those actions before the 
effective date of this AD using SB505-55-A004R06.
    (3) This paragraph provides credit for the initial inspections 
required by table 2 of paragraph (i) of this AD, if you performed 
those actions before July 1, 2020 (the effective date of AD 2020-12-
08) using the service information specified in paragraphs (o)(3)(i), 
(ii), or (iii) of this AD.
    (i) Embraer Alert Service Bulletin SB505-55-A004, Revision 2, 
dated November 6, 2019.
    (ii) Embraer Alert Service Bulletin SB505-55-A004, Revision 3, 
dated November 13, 2019.
    (iii) Embraer Alert Service Bulletin SB505-55-A004, Revision 4, 
dated November 21, 2019.
    (4) This paragraph provides credit for the initial inspections 
required by table 2 of paragraph (i) of this AD, if you performed 
those actions before the effective date of this AD using SB505-55-
A004R5 or SB505-55-A004R06.
    (5) This paragraph provides credit for the actions required by 
paragraphs (l), (m), and (n) of this AD, if you performed those 
actions before the effective date of this AD using Embraer Service 
Bulletin SB505-55-0004, dated March 25, 2020.

(p) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or local Flight Standards District Office, as 
appropriate. If sending information directly to the manager of the 
General Aviation & Rotorcraft Section, International Validation 
Branch, send it to the attention of the person identified in Related 
Information or email: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the local flight standards district office/certificate holding 
district office.
    (3) AMOCs approved for AD 2020-12-08 are approved as AMOCs for 
the corresponding provisions of this AD.

(q) Related Information

    (1) For more information about this AD, contact Jim Rutherford, 
Aviation Safety Engineer, General Aviation & Rotorcraft Section, 
International Validation Branch, FAA, 901 Locust, Room 301, Kansas 
City, MO 64106; phone: (816) 329-4165; fax: (816) 329-4090; email: 
[email protected].
    (2) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian AD No. 2020-09-01, dated September 8, 2020, for 
related information. You may examine the MCAI in the AD docket at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1073.
    (3) For service information identified in this AD, contact 
Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 2170, 
P.O. Box 36/2, S[atilde]o Jos[eacute] dos Campos, 12227-901, Brazil; 
phone: +55 12 3927 1000; email: [email protected]; 
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, MO 
64106. For information on the availability of this material at the 
FAA, call (816) 329-4148.

    Issued on August 31, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-19304 Filed 9-8-21; 8:45 am]
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