Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Empresa Brasileira de Aeronáutica S.A.) Airplanes, 13129-13135 [2022-04918]

Download as PDF Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations RIN 2120–AA64 Examining the AD Docket DEPARTMENT OF TRANSPORTATION Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for the Dassault Aviation Model Falcon 6X airplane. Federal Aviation Administration In lieu of § 25.1353(b)(1) through (4) at Amendment 25–123, each nonrechargeable lithium-ion battery installation must: 1. Be designed to maintain safe cell temperatures and pressures under all foreseeable operating conditions to prevent fire and explosion. 2. Be designed to prevent the occurrence of self-sustaining, uncontrollable increases in temperature or pressure. 3. Not emit explosive or toxic gases, either in normal operation or as a result of its failure, that may accumulate in hazardous quantities within the airplane. 4. Meet the requirements of § 25.863. 5. Not damage surrounding structure or adjacent systems, equipment, or electrical wiring from corrosive fluids or gases that may escape in such a way as to cause a major or more severe failure condition. 6. Have provisions to prevent any hazardous effect on airplane structure or systems caused by the maximum amount of heat it can generate due to any failure of it or its individual cells. 7. Have a failure-sensing-and-warning system to alert the flightcrew if its failure affects safe operation of the airplane. 8. Have a means for the flightcrew or maintenance personnel to determine the battery charge state if the battery’s function is required for safe operation of the airplane. Note: A battery system consists of the battery and any protective, monitoring, and alerting circuitry or hardware inside or outside of the battery. It also includes vents (where necessary) and packaging. For the purpose of these special conditions, a ‘‘battery’’ and ‘‘battery system’’ are referred to as a battery. jspears on DSK121TN23PROD with RULES1 [Docket No. FAA–2020–1073; Project Identifier MCAI–2020–01303–A; Amendment 39–21964; AD 2022–05–12] 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 https://www.regulations.gov by searching for and locating Docket No. FAA–2020–1073. The Special Conditions Non-Rechargeable Lithium-Ion Battery Installations Issued in Kansas City, Missouri, on March 3, 2022. Patrick R. Mullen, Manager, Technical Innovation Policy Branch, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2022–04935 Filed 3–8–22; 8:45 am] BILLING CODE 4910–13–P VerDate Sep<11>2014 16:24 Mar 08, 2022 Jkt 256001 13129 14 CFR Part 39 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Empresa Brasileira de Aerona´utica S.A.) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2020–12– 08 for all Embraer S.A. Model EMB–505 airplanes. AD 2020–12–08 required 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 (ALS) of the maintenance manual or instructions for continued airworthiness to incorporate new airworthiness limitations. This AD retains the actions required by AD 2020–12–08 and requires, for certain airplanes, cleaning and weighing certain mass-balances and installation or replacement, as applicable; and for certain other massbalances for certain airplanes, replacement of those mass-balances. This AD was prompted by a determination that new applicable airplane serial numbers and new criteria for the replacement of affected parts are necessary. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective April 13, 2022. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 13, 2022. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of July 1, 2020 (85 FR 36312, June 16, 2020). ADDRESSES: For service information identified in this final rule, 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, SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 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 AD, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is Document Operations, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer, General Aviation & Rotorcraft Section, International Validation Branch, FAA, 901 Locust, Room 301, Kansas City, MO 64106; 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 to supersede AD 2020–12–08, Amendment 39–21143 (85 FR 36312, June 16, 2020), (AD 2020–12–08). AD 2020–12–08 applied to all Embraer S.A. (type certificate previously held by Empresa Brasileira de Aerona´utica S.A.) Model EMB–505 airplanes and required for certain serial-numbered airplanes, inspecting the mass-balance weights of the flight control surfaces and their attachment parts for corrosion and fragmentation, and taking corrective actions if necessary, including sending inspection results to Embraer. For all airplanes, AD 2020–12–08 required revising the airworthiness limitation section of the maintenance manual or instructions for continued airworthiness to incorporate new airworthiness limitations. The NPRM published in the Federal Register on September 9, 2021 (86 FR 50487). The NPRM was prompted by Brazilian AD 2020–09–01, dated September 8, 2020 (referred to after this as ‘‘the MCAI’’), issued by the Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC), which is the aviation authority for Brazil. The MCAI states: E:\FR\FM\09MRR1.SGM 09MRR1 13130 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 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 [Emergency AD] 2020– 01–01 was released, a reassessment of the unsafe condition by Embraer and, subsequently, the SB [service bulletin] 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 [part numbers]. 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 in the AD docket at https:// www.regulations.gov by searching for and locating Docket No. FAA–2020– 1073. In the NPRM, the FAA proposed to retain the actions required by AD 2020– 12–08 and proposed to 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 massbalances. In the NPRM, the FAA also proposed to remove the reporting required by AD 2020–12–08. Ex Parte Contact After the comment period closed, the FAA requested clarification from Embraer about airplane delivery documentation based on a comment from NetJets. A summary of this discussion can be found in the rulemaking docket at https:// www.regulations.gov in Docket No. FAA–2020–1073. jspears on DSK121TN23PROD with RULES1 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 Add ‘‘Required for Compliance’’ Language Embraer requested that the FAA revise the proposed AD to add language concerning steps in the service VerDate Sep<11>2014 16:24 Mar 08, 2022 Jkt 256001 information that are ‘‘Required for Compliance’’ (RC). Specifically, the commenter requested the FAA add RC language that has been used in previous ADs for Embraer products, which states that steps labeled as RC must be done to comply with the AD, while steps not labeled as RC may be deviated from using accepted methods. The commenter noted that since the proposed AD specifies complying with several steps with an Embraer service bulletin, the RC method would be useful in avoiding the need for alternative methods of compliance (AMOCs). The FAA adds the RC language requested by Embraer to ADs when the service information that is incorporated by reference in an AD contains steps with the ‘‘RC’’ notation. Because none of the steps in the service information incorporated by reference in this AD contain the ‘‘RC’’ notation, the language requested by the commenter is inapplicable. Additional information about the RC method can be found in FAA Advisory Circular (AC) No. 20– 176A, Service Bulletins Related to Airworthiness Directives and Indicating FAA Approval on Service Documents, dated June 16, 2014.1 Request To Add Credit Service Information In the NPRM, the FAA proposed to retain the actions in paragraph (h) of the AD, which required compliance with Embraer Alert Service Bulletin SB505– 55–A004, Revision 5, dated December 12, 2019 (SB505–55–A004R5). The FAA further proposed to allow credit for the actions in paragraph (h) of the AD if done previously using Embraer Alert Service Bulletin SB505–55–A004, Revision 06, dated March 25, 2020 (SB505–55–A004R06). For the new actions in paragraphs (l) through (n) of the proposed AD, the FAA proposed to require compliance with Embraer Service Bulletin SB505–55–0004, Revision 01, dated June 24, 2020 (SB505–55–0004R01). The FAA further proposed to allow credit for those actions if previously done using Embraer Service Bulletin SB505–55– 0004, dated March 25, 2020. NetJets requested that the FAA revise the proposed credit paragraphs to allow credit for actions required by paragraph (h) of the proposed AD if previously done using Embraer SB505–55–A004R5 and credit for actions required by paragraphs (l) through (n) of the proposed AD if previously done Embraer SB505–55–0004R01. 1 You can obtain a copy of this AC from the FAA’s website at https://www.faa.gov/regulations_ policies/advisory_circulars/. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 The FAA notes that paragraph (f) of this AD requires compliance unless already done. Thus, the AD already allows operators to take credit for the actions required by paragraphs (h), (l), (m), and (n) if done before the effective date of the AD. The commenter’s requested changes are unnecessary. Request To Revise Compliance Time In the NPRM, the FAA retained certain actions and proposed new actions, with compliance times based on the age of the airplane. For the retained actions, the FAA proposed that the compliance time remain based on ‘‘the date of issuance of the original airworthiness certificate or the original export certificate of airworthiness.’’ For the new actions, the FAA proposed compliance times since new, with a proposed definition of ‘‘since new’’ as ‘‘since the date of issuance of the original airworthiness certificate or the original export certificate of airworthiness.’’ NetJets requested the FAA change the proposed compliance time from ‘‘within 60 months since new’’ to ‘‘within the next 60 months scheduled maintenance package.’’ The commenter stated that, upon aircraft delivery, Embraer provides a recommended date to start counting calendar inspections and that this recommended start date does not always match the date of issuance of the original airworthiness certificate or the original export certificate of airworthiness. NetJets stated it operates a large fleet of affected aircraft, and if the compliance dates in the AD do not align with the scheduled maintenance package based on Embraer’s recommended state date, it could create an undue hardship, potential downtime, and lost revenue. With its comment, NetJets provided an example of an Embraer Technical Disposition (ETD) letter with a recommended start date for counting calendar inspections. The FAA has determined that the compliance times, as proposed, correspond to the compliance times in the MCAI and will ensure an acceptable level of safety. The FAA notes that the change requested by the commenter would only affect some inspections required by the AD (those that require compliance within 60 months where the term ‘‘since new’’ is used). Accordingly, the change requested by the commenter would result in the compliance times for some of the new inspections not aligning with the compliance times for the other new inspections or with the retained actions. The FAA has not changed this AD in this regard. However, operators may propose a change in the compliance time in E:\FR\FM\09MRR1.SGM 09MRR1 13131 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations accordance with the AMOC procedures specified in paragraph (p) of this AD. Conclusion 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 reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. This AD is adopted as proposed in the NPRM. 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 the ADDRESSES section. Other Related Service Information Embraer has also 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 SB505–55–0004R01; however, Embraer SB505–55–0004R01 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. Differences Between This AD and the Service Information Embraer SB505–55–A004R5 and Embraer SB505–55–A004R06 contain procedures for inspecting for the integrity of the mass-balance weights of flight control surfaces and their attachment parts. This AD does not include that requirement. Costs of Compliance The FAA estimates that this AD affects 392 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: 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. 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 Cost on U.S. operators determining the number of aircraft that might need these actions: jspears on DSK121TN23PROD with RULES1 ESTIMATED COSTS OF ON-CONDITION ACTIONS Action Labor cost Parts cost Installation or replacement ..................... Up to 129 work-hours × $85 per hour = Up to $10,965 ......... Up to $18,118 ..... 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 VerDate Sep<11>2014 16:24 Mar 08, 2022 Jkt 256001 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. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 Cost per product Up to $29,083. 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: E:\FR\FM\09MRR1.SGM 09MRR1 13132 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations (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: (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. PART 39—AIRWORTHINESS DIRECTIVES (b) Affected ADs This AD replaces AD 2020–12–08, Amendment 39–21143 (85 FR 36312, June 16, 2020) (AD 2020–12–08). (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 (Embraer 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 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 Embraer 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 Embraer 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). (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. (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 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: ■ ■ 2022–05–12 Embraer S.A. (Type Certificate previously held by Empresa Brasileira de Aerona´utica S.A.): Amendment 39– 21964; Docket No. FAA–2020–1073; Project Identifier MCAI–2020–01303–A. (a) Effective Date This airworthiness directive (AD) is effective April 13, 2022. jspears on DSK121TN23PROD with RULES1 (d) Subject Joint Aircraft System Component (JASC) Code 5520, Elevator Structure; 5540, Rudder Structure; and 5751, Ailerons. VerDate Sep<11>2014 16:24 Mar 08, 2022 Jkt 256001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 listed in Embraer 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 Embraer 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. (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. (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 E:\FR\FM\09MRR1.SGM 09MRR1 VerDate Sep<11>2014 16:24 Mar 08, 2022 Jkt 256001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4725 E:\FR\FM\09MRR1.SGM 09MRR1 13133 ER09MR22.000</GPH> jspears on DSK121TN23PROD with RULES1 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations BILLING CODE 4910–13–C (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. jspears on DSK121TN23PROD with RULES1 (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 (Embraer SB505–55– 0004R01). Where steps (1)(d), (2)(d), and (3)(e) of Part I of the Accomplishment Instructions in Embraer SB505–55–0004R01 reference ‘‘criteria of the PART I,’’ use the criteria in section 1.D. of Embraer 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 Embraer 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 Embraer SB505–55–0004R01, which are not included in the effectivity of Embraer SB505– 55–A004R5 or Embraer Alert Service Bulletin SB505–55–A004, Revision 06, dated March 25, 2020 (Embraer SB505–55–A004R06): At the applicable compliance time specified in VerDate Sep<11>2014 16:24 Mar 08, 2022 Jkt 256001 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 Embraer SB505–55–0004R01, which are included in the effectivity of Embraer SB505– 55–A004R5 or Embraer 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 Embraer SB505–55–0004R01. Where steps (1)(c) and (2)(c) of Part II of the Accomplishment Instructions in Embraer SB505–55–0004R01 reference ‘‘criteria of the PART II,’’ use the criteria in section 1.D. of Embraer SB505–55– 0004R01. (1) For airplanes with a serial number listed as Group 1 in paragraph 1.A.(2)(a) of PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Embraer 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 Embraer SB505–55–0004R01, which are not included in the effectivity of Embraer SB505– 55–A004R5 or Embraer SB505–55–A004R06: At the applicable compliance time specified in paragraph (m)(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.(2)(b) of Embraer SB505–55–0004R01, which are included in the effectivity of Embraer SB505– 55–A004R5 or Embraer 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 Embraer SB505–55–0004R01. Where steps (1)(c) and (2)(c) of Part III of the Accomplishment Instructions in Embraer SB505–55–0004R01 reference ‘‘criteria of the PART III,’’ use the criteria in section 1.D. of Embraer SB505–55– 0004R01. (1) For airplanes with a serial number listed as Group 1 in paragraph 1.A.(3)(a) of Embraer 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. E:\FR\FM\09MRR1.SGM 09MRR1 ER09MR22.001</GPH> 13134 jspears on DSK121TN23PROD with RULES1 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations (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 Embraer SB505–55–0004R01, which are not included in the effectivity of Embraer SB505– 55–A004R5 or Embraer 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 Embraer SB505–55–0004R01, which are included in the effectivity of Embraer SB505– 55–A004R5 or Embraer SB505–55–A004R06: Before further flight. (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 paragraph (q)(1) of this AD and email to: 9-AVS-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. (o) Credit for Previous Actions (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; email: jim.rutherford@faa.gov. (2) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian AD 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) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (r)(5) and (6) of this AD. (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 Embraer SB505–55–A004R06. (3) This paragraph provides credit for the initial inspections required by table 2 to 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 to paragraph (i) of this AD, if you performed those actions before the effective date of this AD using Embraer SB505–55–A004R5 or Embraer 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. VerDate Sep<11>2014 16:24 Mar 08, 2022 Jkt 256001 (r) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (3) The following service information was approved for IBR on April 13, 2022. (i) Embraer Alert Service Bulletin SB505– 55–A004, Revision 06, dated March 25, 2020. (ii) Embraer Service Bulletin SB505–55– 0004, Revision 01, dated June 24, 2020. (4) The following service information was approved for IBR on July 1, 2020 (85 FR 36312, June 16, 2020). (i) Embraer Alert Service Bulletin SB505– 55–A004, Revision 5, dated December 12, 2019. (ii) [Reserved] (5) For service information identified in this AD, 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. (6) You may view this service information at the FAA, Airworthiness Products Section, PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 13135 Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222–5110. (7) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email: fr.inspection@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ ibr-locations.html. Issued on February 24, 2022. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–04918 Filed 3–8–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0152; Project Identifier MCAI–2021–00254–A; Amendment 39–21966; AD 2022–05–14] RIN 2120–AA64 Airworthiness Directives; GROB Aircraft SE (Type Certificate Previously Held by GROB Aircraft AG) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is adopting a new airworthiness directive (AD) for all GROB Aircraft SE (type certificate previously held by GROB Aircraft AG) (GROB) Model G 115EG airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by the aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI identifies the unsafe condition as in-flight detachment of a rudder actuator hinge bracket. This AD requires repairing the support structure at the attachment to the attachment bolts on certain flight control surfaces, inspecting the support structure at the attachment bolts of all flight control surfaces, and taking corrective actions if discrepancies are detected. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective March 24, 2022. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of March 24, 2022. The FAA must receive comments on this AD by April 25, 2022. SUMMARY: E:\FR\FM\09MRR1.SGM 09MRR1

Agencies

[Federal Register Volume 87, Number 46 (Wednesday, March 9, 2022)]
[Rules and Regulations]
[Pages 13129-13135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04918]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1073; Project Identifier MCAI-2020-01303-A; 
Amendment 39-21964; AD 2022-05-12]
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.

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

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-12-08 
for all Embraer S.A. Model EMB-505 airplanes. AD 2020-12-08 required 
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 (ALS) of the maintenance manual or instructions for 
continued airworthiness to incorporate new airworthiness limitations. 
This AD retains the actions required by AD 2020-12-08 and requires, 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. 
This AD was prompted by a determination that new applicable airplane 
serial numbers and new criteria for the replacement of affected parts 
are necessary. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective April 13, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of April 13, 
2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of July 
1, 2020 (85 FR 36312, June 16, 2020).

ADDRESSES: For service information identified in this final rule, 
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 (817) 222-5110. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1073.

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 AD, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The address for Docket Operations is Document 
Operations, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

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

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-12-08, Amendment 39-21143 (85 FR 
36312, June 16, 2020), (AD 2020-12-08). AD 2020-12-08 applied to all 
Embraer S.A. (type certificate previously held by Empresa Brasileira de 
Aeron[aacute]utica S.A.) Model EMB-505 airplanes and required for 
certain serial-numbered airplanes, inspecting the mass-balance weights 
of the flight control surfaces and their attachment parts for corrosion 
and fragmentation, and taking corrective actions if necessary, 
including sending inspection results to Embraer. For all airplanes, AD 
2020-12-08 required revising the airworthiness limitation section of 
the maintenance manual or instructions for continued airworthiness to 
incorporate new airworthiness limitations.
    The NPRM published in the Federal Register on September 9, 2021 (86 
FR 50487). The NPRM was prompted by Brazilian AD 2020-09-01, dated 
September 8, 2020 (referred to after this as ``the MCAI''), issued by 
the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which 
is the aviation authority for Brazil. The MCAI states:


[[Page 13130]]


    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 [Emergency AD] 2020-01-01 was released, a 
reassessment of the unsafe condition by Embraer and, subsequently, 
the SB [service bulletin] 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 
[part numbers].
    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 in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1073.
    In the NPRM, the FAA proposed to retain the actions required by AD 
2020-12-08 and proposed to 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. In the NPRM, the FAA also proposed 
to remove the reporting required by AD 2020-12-08.

Ex Parte Contact

    After the comment period closed, the FAA requested clarification 
from Embraer about airplane delivery documentation based on a comment 
from NetJets. A summary of this discussion can be found in the 
rulemaking docket at https://www.regulations.gov in Docket No. FAA-
2020-1073.

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 Add ``Required for Compliance'' Language

    Embraer requested that the FAA revise the proposed AD to add 
language concerning steps in the service information that are 
``Required for Compliance'' (RC). Specifically, the commenter requested 
the FAA add RC language that has been used in previous ADs for Embraer 
products, which states that steps labeled as RC must be done to comply 
with the AD, while steps not labeled as RC may be deviated from using 
accepted methods. The commenter noted that since the proposed AD 
specifies complying with several steps with an Embraer service 
bulletin, the RC method would be useful in avoiding the need for 
alternative methods of compliance (AMOCs).
    The FAA adds the RC language requested by Embraer to ADs when the 
service information that is incorporated by reference in an AD contains 
steps with the ``RC'' notation. Because none of the steps in the 
service information incorporated by reference in this AD contain the 
``RC'' notation, the language requested by the commenter is 
inapplicable. Additional information about the RC method can be found 
in FAA Advisory Circular (AC) No. 20-176A, Service Bulletins Related to 
Airworthiness Directives and Indicating FAA Approval on Service 
Documents, dated June 16, 2014.\1\
---------------------------------------------------------------------------

    \1\ You can obtain a copy of this AC from the FAA's website at 
https://www.faa.gov/regulations_policies/advisory_circulars/.
---------------------------------------------------------------------------

Request To Add Credit Service Information

    In the NPRM, the FAA proposed to retain the actions in paragraph 
(h) of the AD, which required compliance with Embraer Alert Service 
Bulletin SB505-55-A004, Revision 5, dated December 12, 2019 (SB505-55-
A004R5). The FAA further proposed to allow credit for the actions in 
paragraph (h) of the AD if done previously using Embraer Alert Service 
Bulletin SB505-55-A004, Revision 06, dated March 25, 2020 (SB505-55-
A004R06). For the new actions in paragraphs (l) through (n) of the 
proposed AD, the FAA proposed to require compliance with Embraer 
Service Bulletin SB505-55-0004, Revision 01, dated June 24, 2020 
(SB505-55-0004R01). The FAA further proposed to allow credit for those 
actions if previously done using Embraer Service Bulletin SB505-55-
0004, dated March 25, 2020.
    NetJets requested that the FAA revise the proposed credit 
paragraphs to allow credit for actions required by paragraph (h) of the 
proposed AD if previously done using Embraer SB505-55-A004R5 and credit 
for actions required by paragraphs (l) through (n) of the proposed AD 
if previously done Embraer SB505-55-0004R01.
    The FAA notes that paragraph (f) of this AD requires compliance 
unless already done. Thus, the AD already allows operators to take 
credit for the actions required by paragraphs (h), (l), (m), and (n) if 
done before the effective date of the AD. The commenter's requested 
changes are unnecessary.

Request To Revise Compliance Time

    In the NPRM, the FAA retained certain actions and proposed new 
actions, with compliance times based on the age of the airplane. For 
the retained actions, the FAA proposed that the compliance time remain 
based on ``the date of issuance of the original airworthiness 
certificate or the original export certificate of airworthiness.'' For 
the new actions, the FAA proposed compliance times since new, with a 
proposed definition of ``since new'' as ``since the date of issuance of 
the original airworthiness certificate or the original export 
certificate of airworthiness.''
    NetJets requested the FAA change the proposed compliance time from 
``within 60 months since new'' to ``within the next 60 months scheduled 
maintenance package.'' The commenter stated that, upon aircraft 
delivery, Embraer provides a recommended date to start counting 
calendar inspections and that this recommended start date does not 
always match the date of issuance of the original airworthiness 
certificate or the original export certificate of airworthiness. 
NetJets stated it operates a large fleet of affected aircraft, and if 
the compliance dates in the AD do not align with the scheduled 
maintenance package based on Embraer's recommended state date, it could 
create an undue hardship, potential downtime, and lost revenue. With 
its comment, NetJets provided an example of an Embraer Technical 
Disposition (ETD) letter with a recommended start date for counting 
calendar inspections.
    The FAA has determined that the compliance times, as proposed, 
correspond to the compliance times in the MCAI and will ensure an 
acceptable level of safety. The FAA notes that the change requested by 
the commenter would only affect some inspections required by the AD 
(those that require compliance within 60 months where the term ``since 
new'' is used). Accordingly, the change requested by the commenter 
would result in the compliance times for some of the new inspections 
not aligning with the compliance times for the other new inspections or 
with the retained actions. The FAA has not changed this AD in this 
regard. However, operators may propose a change in the compliance time 
in

[[Page 13131]]

accordance with the AMOC procedures specified in paragraph (p) of this 
AD.

Conclusion

    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 reviewed the relevant 
data and determined that air safety and the public interest require 
adopting this AD as proposed. Accordingly, the FAA is issuing this AD 
to address the unsafe condition on these products. This AD is adopted 
as proposed in the NPRM.

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 the ADDRESSES section.

Other Related Service Information

    Embraer has also 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 SB505-55-0004R01; however, Embraer SB505-55-0004R01 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.

Differences Between This AD and the Service Information

    Embraer SB505-55-A004R5 and Embraer SB505-55-A004R06 contain 
procedures for inspecting for the integrity of the mass-balance weights 
of flight control surfaces and their attachment parts. This AD does not 
include that requirement.

Costs of Compliance

    The FAA estimates that this AD affects 392 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

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

    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  Up to $18,118..............  Up to $29,083.
                                    x $85 per hour = Up
                                    to $10,965.
----------------------------------------------------------------------------------------------------------------

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:

[[Page 13132]]

    (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

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:

2022-05-12 Embraer S.A. (Type Certificate previously held by Empresa 
Brasileira de Aeron[aacute]utica S.A.): Amendment 39-21964; Docket 
No. FAA-2020-1073; Project Identifier MCAI-2020-01303-A.

(a) Effective Date

    This airworthiness directive (AD) is effective April 13, 2022.

(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 (Embraer 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 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 
Embraer 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 
Embraer 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 Embraer 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 Embraer 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.
    (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.
BILLING CODE 4910-13-P

[[Page 13133]]

[GRAPHIC] [TIFF OMITTED] TR09MR22.000


[[Page 13134]]


[GRAPHIC] [TIFF OMITTED] TR09MR22.001

BILLING CODE 4910-13-C

(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 (Embraer SB505-55-0004R01). 
Where steps (1)(d), (2)(d), and (3)(e) of Part I of the 
Accomplishment Instructions in Embraer SB505-55-0004R01 reference 
``criteria of the PART I,'' use the criteria in section 1.D. of 
Embraer 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 Embraer 
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 Embraer SB505-55-0004R01, which are not 
included in the effectivity of Embraer SB505-55-A004R5 or Embraer 
Alert Service Bulletin SB505-55-A004, Revision 06, dated March 25, 
2020 (Embraer 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 Embraer SB505-55-0004R01, which are included 
in the effectivity of Embraer SB505-55-A004R5 or Embraer 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 Embraer SB505-55-0004R01. Where steps 
(1)(c) and (2)(c) of Part II of the Accomplishment Instructions in 
Embraer SB505-55-0004R01 reference ``criteria of the PART II,'' use 
the criteria in section 1.D. of Embraer SB505-55-0004R01.
    (1) For airplanes with a serial number listed as Group 1 in 
paragraph 1.A.(2)(a) of Embraer 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 Embraer SB505-55-0004R01, which are not 
included in the effectivity of Embraer SB505-55-A004R5 or Embraer 
SB505-55-A004R06: At the applicable compliance time specified in 
paragraph (m)(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.(2)(b) of Embraer SB505-55-0004R01, which are included 
in the effectivity of Embraer SB505-55-A004R5 or Embraer 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 Embraer SB505-55-0004R01. Where steps 
(1)(c) and (2)(c) of Part III of the Accomplishment Instructions in 
Embraer SB505-55-0004R01 reference ``criteria of the PART III,'' use 
the criteria in section 1.D. of Embraer SB505-55-0004R01.
    (1) For airplanes with a serial number listed as Group 1 in 
paragraph 1.A.(3)(a) of Embraer 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.

[[Page 13135]]

    (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 Embraer SB505-55-0004R01, which are not 
included in the effectivity of Embraer SB505-55-A004R5 or Embraer 
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 Embraer SB505-55-0004R01, which are included 
in the effectivity of Embraer SB505-55-A004R5 or Embraer 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 Embraer SB505-55-A004R06.
    (3) This paragraph provides credit for the initial inspections 
required by table 2 to 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 to paragraph (i) of this AD, if you performed 
those actions before the effective date of this AD using Embraer 
SB505-55-A004R5 or Embraer 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 
paragraph (q)(1) of this AD and email to: [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; email: 
[email protected].
    (2) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian AD 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) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (r)(5) and (6) of this AD.

(r) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
April 13, 2022.
    (i) Embraer Alert Service Bulletin SB505-55-A004, Revision 06, 
dated March 25, 2020.
    (ii) Embraer Service Bulletin SB505-55-0004, Revision 01, dated 
June 24, 2020.
    (4) The following service information was approved for IBR on 
July 1, 2020 (85 FR 36312, June 16, 2020).
    (i) Embraer Alert Service Bulletin SB505-55-A004, Revision 5, 
dated December 12, 2019.
    (ii) [Reserved]
    (5) 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.
    (6) 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 (817) 222-5110.
    (7) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on February 24, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-04918 Filed 3-8-22; 8:45 am]
BILLING CODE 4910-13-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.