Proposed Rule2023-15489
Airworthiness Directives; Embraer S.A. Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 21, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This proposed AD was prompted by an occurrence of corrosion on the clutch retaining bolt of the aileron autopilot servo mount. This proposed AD would require repetitively replacing the clutch retaining bolt and washer of the aileron autopilot servo mount, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 139 (Friday, July 21, 2023)</title>
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[Federal Register Volume 88, Number 139 (Friday, July 21, 2023)]
[Proposed Rules]
[Pages 47092-47095]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15489]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1504; Project Identifier MCAI-2023-00473-A]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This
proposed AD was prompted by an occurrence of corrosion on the clutch
retaining bolt of the aileron autopilot servo mount. This proposed AD
would require repetitively replacing the clutch retaining bolt and
washer of the aileron autopilot servo mount, as specified in an
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which
is proposed for incorporation by reference (IBR). The FAA is proposing
this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by September 5, 2023.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5
[[Page 47093]]
p.m., Monday through Friday, except Federal holidays.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1504; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For ANAC service information that is proposed for IBR in
this NPRM, contact ANAC, Continuing Airworthiness Technical Branch
(GTAC), Rua Doutor Orlando Feirabend Filho, 230--Centro Empresarial
Aquarius--Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP
12.246-190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; phone: 55
(12) 3203-6600; email: <a href="/cdn-cgi/l/email-protection#d3a3b2b093efb2f3bba1b6b5ee" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website: <a href="http://anac.gov">anac.gov</a>.br/en/. You
may find this material on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/
certificacao/DA/DAE.asp. It is also available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1504.
<bullet> 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.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (816) 329-4165; email: <a href="/cdn-cgi/l/email-protection#f9939094d78b8c8d919c8b9f968b9db99f9898d79e968f"><span class="__cf_email__" data-cfemail="2b41424605595e5f434e594d44594f6b4d4a4a054c445d">[email protected]</span></a>.
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-2023-1504; Project Identifier
MCAI-2023-00473-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
this 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
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
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, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590. 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 ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2023-02-01R1, effective March 14, 2023 (referred to after this
as ``the MCAI''), to correct an unsafe condition on certain serial-
numbered Embraer Model EMB-505 airplanes. The MCAI states that an
occurrence of corrosion was found on the clutch retaining bolt of the
aileron autopilot servo mount. This condition could result in failure
of the clutch retaining bolt of the aileron autopilot servo mount,
which could disengage the clutch from the drive pin and jam the aileron
controls, resulting in reduced controllability of the airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1504.
Related Service Information Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023-02-01R1, which specifies procedures
for replacing the clutch retaining bolt and washer of the aileron
autopilot servo mount.
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.
FAA's Determination
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with this State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI 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 require accomplishing the actions specified
in ANAC AD 2023-02-01R1 described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2023-02-01R1 by reference in the
FAA final rule. This proposed AD would, therefore, require compliance
with ANAC AD 2023-02-01R1 in its entirety through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this proposed AD. Service information required by ANAC AD 2023-
02-01R1 for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2023-1504 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 505 airplanes of U.S. registry.
The FAA estimates the following costs to comply with this proposed
AD:
[[Page 47094]]
Estimated Costs
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Replace bolt and washer......... 1 work-hour x $85 $50 $135 per $68,175 per
per hour = $85. replacement replacement
interval. interval.
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, all of the costs associated
with the initial bolt and washer replacement may be covered under
warranty.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
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 this 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 adding the following new airworthiness
directive:
Embraer S.A.: Docket No. FAA-2023-1504; Project Identifier MCAI-
2023-00473-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 5, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-505 airplanes, as
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD 2023-02-01R1, effective March 14, 2023 (ANAC AD 2023-02-
01R1), certificated in any category.
(d) Subject
Joint Aircraft System Component (JASC) Code 2215, Autopilot Main
Servo.
(e) Unsafe Condition
This AD was prompted by an occurrence of corrosion on the clutch
retaining bolt of the aileron autopilot servo mount. The FAA is
issuing this AD to address the corrosion in the clutch retaining
bolt of the aileron autopilot servo mount. The unsafe condition, if
not addressed, could result in failure of the clutch retaining bolt
of the aileron autopilot servo mount, which could disengage the
clutch from the drive pin and jam the aileron controls, resulting in
reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, ANAC AD 2023-02-01R1.
(h) Exceptions to ANAC AD 2023-02-01R1
(1) Where ANAC AD 2023-02-01R1 refers to February 6, 2023, the
effective date of ANAC AD 2023-02-01, this AD requires using the
effective date of this AD.
(2) Where ANAC AD 2023-02-01R1 requires replacing a part with a
new part, for the purposes of this AD, ``new'' means zero flight
hours.
(3) Where the ``NOTE'' to Table 01 in ANAC AD 2023-02-01R1
specifies ``If the airplane operation age and/or the flight hours
criteria change before the SB accomplishment, the most restrictive
criteria must be obeyed,'' this AD requires complying with the most
restrictive criteria in Table 01 of ANAC AD 2023-02-01R1.
(4) This AD does not adopt paragraph (d) of ANAC AD 2023-02-
01R1.
(i) No Reporting Requirement
Although the service information referenced in ANAC AD 2023-02-
01R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) Alternative Methods of Compliance (AMOCs)
The Manager, 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 International Validation Branch, mail
it to the address identified in paragraph (k) of this AD or email
to: <a href="/cdn-cgi/l/email-protection#bf8692fee9ec92fef6ed92888c8f92fef2f0fcffd9dede91d8d0c9"><span class="__cf_email__" data-cfemail="6e57432f383d432f273c43595d5e432f23212d2e080f0f40090118">[email protected]</span></a>. If mailing information, also submit
information by email. 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.
(k) Additional Information
For more information about this AD, contact Jim Rutherford,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329-4165; email:
<a href="/cdn-cgi/l/email-protection#157f7c783b6760617d7067737a6771557374743b727a63"><span class="__cf_email__" data-cfemail="28424145065a5d5c404d5a4e475a4c684e4949064f475e">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil AD
2023-02-01R1, effective March 14, 2023.
(ii) [Reserved]
[[Page 47095]]
(3) For ANAC AD 2023-02-01R1, contact ANAC, Continuing
Airworthiness Technical Branch (GTAC), Rua Doutor Orlando Feirabend
Filho, 230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18,
Parque Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute]
dos Campos--SP, Brazil; phone: 55 (12) 3203-6600; email:
<a href="/cdn-cgi/l/email-protection#eb9b8a88abd78acb83998e8dd6" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website: <a href="http://anac.gov">anac.gov</a>.br/en/. You may find this
material on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/
DA/DAE.asp.
(4) 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.
(5) 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: <a href="/cdn-cgi/l/email-protection#0a6c78246364797a6f697e6365644a646b786b246d657c"><span class="__cf_email__" data-cfemail="1f796d3176716c6f7a7c6b7670715f717e6d7e31787069">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on July 17, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-15489 Filed 7-20-23; 8:45 am]
BILLING CODE 4910-13-P
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