[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Proposed Rules]
[Pages 26959-26962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11334]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0088; Directorate Identifier 2010-CE-072-AD]
RIN 2120-AA64
Airworthiness Directives; Embraer--Embraer--Empresa Brasileira de
Aeronautica S.A. (EMBRAER) Model EMB-500 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of proposed rulemaking (NPRM); extension of
the comment period.
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SUMMARY: We are revising an earlier NPRM for the products listed above.
This proposed AD results from mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as:
It has been found that moisture may accumulate and freeze, under
certain conditions, in the gap between the AOA vane base assembly
and the stationary ring of the sensor's body. If freezing occurs
both AOA sensors may get stuck and the Stall Warning Protection
System (SWPS) will be no longer effective without alerting. This may
result in inadvertent aerodynamic stall and loss of controllability
of the airplane.
The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by June 24, 2011.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
EMBRAER Empresa Brasileira de Aeron[aacute]utica S.A., Phenom
Maintenance Support, Av. Brig. Faria Lima, 2170, Sao Jose dos Campos--
SP, CEP: 12227-901--PO Box: 36/2, Brasil; telephone: ++55 12 3927-5383;
fax: ++55 12 3927-2619; E-mail: [email protected];
Internet: http://www.embraer.com.br. You may review copies of the
referenced service information at the FAA, Small Airplane Directorate,
901 Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call (816) 329-4148.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0088;
Directorate Identifier 2010-CE-072-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
[[Page 26960]]
Discussion
We proposed to amend 14 CFR part 39 with an earlier NPRM for the
specified products, which was published in the Federal Register on
January 31, 2011 (76 FR 5298). That earlier NPRM proposed to require
actions intended to address the unsafe condition for the products
listed above.
Since that NPRM was issued, EMBRAER issued new service information
that adds actions to inspect the sensor area and apply sealant around
the sensors and also adds additional airplanes to the applicability.
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil--Brazil
(ANAC), which is the aviation authority for Brazil, has issued Notice
of Proposed Regulation (NPR) NPR/AD 2011-500-02, dated March 31, 2011,
to add additional information from the revised service information to
correct an unsafe condition for the specified products. The NPR states:
It has been found that moisture may accumulate and freeze, under
certain conditions, in the gap between the AOA vane base assembly
and the stationary ring of the sensor's body. If freezing occurs
both AOA sensors may get stuck and the Stall Warning Protection
System (SWPS) will be no longer effective without alerting. This may
result in inadvertent aerodynamic stall and loss of controllability
of the airplane.
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 AD in the
indicated time limit.
You may obtain further information by examining the NPR in the AD
docket.
Relevant Service Information
Embraer--Empresa Brasileira de Aeronautica S.A. has issued PHENOM
Service Bulletin SB No.: 500-27-0006, Revision No.: 02, dated January
14, 2011. The actions described in this service information are
intended to correct the unsafe condition identified in the MCAI.
Comments
We have considered the following comments received on the earlier
NPRM.
Service Information Revision
Embraer commented that new requirements to inspect the sensor area
and apply sealant around the interface between the angle of attack
(AOA) covers and the new AOA sensors were included in a revision to the
service information referenced in the earlier NPRM. If the new
requirements in the revised service information were not included in
the proposed NPRM action, the new AOA sensors could be subject to the
same behavior as the old AOA sensors. Embraer suggests changing the
proposed NPRM to include the actions and procedures required by the new
revised service information.
We agree with this comment. If we do not incorporate the additional
actions and procedures required by the revised service information,
moisture could still accumulate and freeze, under certain conditions,
in the gap between the new AOA vane base assembly and the stationary
ring of the new sensor's body. This condition could cause the sensors
to get stuck and cause the Stall Warning Protection System to no longer
be effective. We propose the use of PHENOM Service Bulletin SB No.:
500-27-0006, Revision No.: 02, dated January 14, 2011, which
incorporates the actions previously proposed and adds additional
actions and procedures to require inspecting the sensor area and
applying sealant around the interface between the AOA covers and the
AOA sensors.
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Certain changes described above expand the scope of the earlier
NPRM. As a result, we have determined that it is necessary to reopen
the comment period to provide additional opportunity for the public to
comment on the proposed AD.
Differences Between This Proposed AD and the MCAI or Service
Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
We estimate that this proposed AD will affect 101 products of U.S.
registry.
We estimate that 85 products of U.S. registry would require the
modification and that it would take about 9.5 work-hours per product to
comply with the modification requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $1,550 per product.
Based on these figures, we estimate the cost of the modification
requirement of the proposed AD on U.S. operators to be $200,387.50, or
$2,357.50 per product.
We estimate that 101 products of U.S. registry would require an
inspection for sealant application. We estimate it would take .5 hours
to comply with the inspection requirements of this proposed AD.
Based on these figures, we estimate the cost of the inspection for
the sealant application requirement of the proposed AD on U.S.
operators to be $4,292.50, or $42.50 per product.
In addition, we estimate that any necessary follow-on actions would
take about 1.5 work-hours and require parts costing $50, for a cost of
$177.50 per product. We have no way of determining the number of
products that may need these actions.
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.
We are 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
We 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
[[Page 26961]]
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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Embraer--Empresa Brasileira de Aeronautica S.A.: Docket No. FAA-
2011-0088; Directorate Identifier 2010-CE-072-AD.
Comments Due Date
(a) We must receive comments by June 24, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the following airplanes, certificated in
any category:
(1) Group 1 airplanes
Group 1 includes Empresa Brasileira de Aeronautica S.A.
(EMBRAER) EMB-500 airplanes, serial numbers 50000005 through
50000119, 50000121 through 50000130, 50000132 through 50000134,
50000136, 50000137, 50000139, 50000141 through 50000158, 50000160
through 50000162, 50000164, 50000165, 50000167 through 50000175,
50000177, and 50000178, that are equipped with Angle of Attack (AOA)
sensors, part number (P/N) C-100117-2 and cover plates P/N 500-
01702-401 and/or P/N 500-01702-402.
(2) Group II airplanes
Group II includes Empresa Brasileira de Aeronautica S.A.
(EMBRAER) EMB-500 airplanes, serial numbers 50000005 through
50000217, 50000219 through 50000221, and 50000226.
Note 1: In-production effectivity--Empresa Brasileira de
Aeronautica S.A. (EMBRAER) EMB-500 airplanes, serial numbers
500000218, 50000222 through 50000225, 50000227, and on, have
incorporated the proposed actions of this AD at the factory and are
not included in the applicability of this AD.
Subject
(d) Air Transport Association of America (ATA) Code 27: Flight
Controls.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found that moisture may accumulate and freeze, under
certain conditions, in the gap between the AOA vane base assembly
and the stationary ring of the sensor's body. If freezing occurs
both AOA sensors may get stuck and the Stall Warning Protection
System (SWPS) will be no longer effective without alerting. This may
result in inadvertent aerodynamic stall and loss of controllability
of the airplane.
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 AD in the
indicated time limit.
The MCAI requires replacement of both Angle of Attack (AOA)
sensors and cover plates, inspection of the sensor area, and, if
needed, application of sealant between the AOA covers and the AOA
sensors.
Actions and Compliance
(f) Unless already done, do the following actions:
(1) For Group I airplanes: Within 300 hours time-in-service
(TIS) after the effective date of this AD or within 12 months after
the effective date of this AD, whichever comes first, do the
following actions following part I of PHENOM Service Bulletin SB
No.: 500-27-0006, Revision No.: 02, dated January 14, 2011:
(i) Replace the left hand (LH) and the right hand (RH) AOA
sensors P/N C-100117-2 with LH and RH AOA sensors P/N C-100117-3.
(ii) Replace the LH cover plate P/N 500-01702-401 and the RH
cover plate P/N 500-01702-402 with LH cover plate P/N 500-01702-403
and RH cover plate P/N 500-01702-404.
(iii) If, before the effective date of this AD, the replacement
actions required in paragraphs (f)(1)(i), and (ii) of this proposed
AD have already been done following PHENOM Service Bulletin SB No.:
500-27-0006, dated September 2, 2010, and/or PHENOM Service Bulletin
SB No.: 500-27-0006, Revision No.: 01, dated November 29, 2010, we
will allow ``unless already done'' credit for corrective actions
already done.
(4) For group I and group II airplanes: Within 300 hours TIS
after the effective date of this AD or within 12 months after the
effective date of this AD, whichever comes first, inspect the
interface between the AOA covers and the AOA sensors, and, if the
sealant is missing, clean the areas and apply new sealant following
part II of PHENOM Service Bulletin SB No.: 500-27-0006, Revision
No.: 02, dated January 14, 2011.
FAA AD Differences
Note 2: This AD differs from the MCAI and/or service
information as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to Attn: Jim Rutherford, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329-4165; fax: (816) 329-4090. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.
Related Information
(h) Refer to Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil--Brazil (ANAC), NPR/AD 2011-500-02, dated March 31, 2011; MCAI
Ag[ecirc]ncia Nacional De Avia[ccedil][atilde]o Civil--Brazil
(ANAC), AD No.: 2010-11-01, dated December 20, 2010; and PHENOM
Service Bulletin SB No.: 500-27-0006, Revision No.: 02, dated
January 14, 2011; for related information. For service information
related to this AD, contact EMBRAER Empresa Brasileira de
[[Page 26962]]
Aeron[aacute]utica S.A., Phenom Maintenance Support, Av. Brig. Faria
Lima, 2170, Sao Jose dos Campos--SP, CEP: 12227-901--PO Box: 36/2,
Brasil; telephone: ++55 12 3927-5383; fax: ++55 12 3927-2619; E-
mail: [email protected]; Internet: http://www.embraer.com.br. You may review copies of the referenced service
information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call 816-329-4148.
Issued in Kansas City, Missouri, on May 4, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-11334 Filed 5-9-11; 8:45 am]
BILLING CODE 4910-13-P