[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52220-52222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20775]
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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;
Amendment 39-16779; AD 2011-17-15]
RIN 2120-AA64
Airworthiness Directives; Embraer--Empresa Brasileira de
Aeronautica S.A. (EMBRAER) Model EMB-500 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final Rule.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued 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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective September 26, 2011.
On September 26, 2011, the Director of the Federal Register
approved the incorporation by reference of certain publications listed
in this AD.
ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, 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 service information identified in this AD, contact EMBRAER
Empresa Brasileira de Aeron[aacute]utica S.A., Phenom Maintenance
Support, Av. Brig. Farina 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: embraer.com.br">phenom.reliability@embraer.com.br;
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.
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; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on May 10, 2011 (76 FR
26959). That NPRM proposed to correct an unsafe condition for the
specified products. The 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.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
Differences Between This 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 required 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 AD.
Costs of Compliance
We estimate that this AD will affect 101 products of U.S. registry.
We estimate that 85 products of U.S. registry will require the
modification and that it will take about 9.5 work-hours per product to
comply with the modification requirements of this AD. The average labor
rate is $85 per work-hour. Required parts will cost about $1,550 per
product.
Based on these figures, we estimate the cost of the modification
requirement of this 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 will require an
inspection for sealant application. We estimate it will take .5 hour to
comply with the inspection requirements of this AD.
Based on these figures, we estimate the cost of the inspection for
the sealant application requirement of this 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 will
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.
[[Page 52221]]
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 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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under 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 AD and placed it in the AD Docket.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of 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 adding the following new AD:
2011-17-15 Embraer--Empresa Brasileira de Aeronautica S.A.:
Amendment 39-16779; Docket No. FAA-2011-0088; Directorate Identifier
2010-CE-072-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective
September 26, 2011.
Affected ADs
(b) None.
Applicability
(c) This AD applies to the following airplanes, certificated in
any category:
(1) Group I airplanes:
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:
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 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 (f)(1)(ii) of this 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.
(2) 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-
[[Page 52222]]
4090; e-mail: [email protected]. 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.
Material Incorporated by Reference
(i) You must use PHENOM Service Bulletin SB No.: 500-27-0006,
Revision No.: 02, dated January 14, 2011, to do the actions required
by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
EMBRAER Empresa Brasileira de Aeron[aacute]utica S.A., Phenom
Maintenance Support, Av. Brig. Farina Lima, 2170, Sao Jose dos
Campos-SP, CEP: 12227-901--P.O. Box: 36/2, BRASIL; telephone: ++55
12 3927-5383; fax: ++55 12 3927-2619; e-mail:
embraer.com.br">phenom.reliability@embraer.com.br; Internet: http://www.embraer.com.br.
(3) 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.
(4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri on August 9, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-20775 Filed 8-19-11; 8:45 am]
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