[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Rules and Regulations]
[Pages 43049-43059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18015]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0733; Directorate Identifier 2010-CE-038-AD;
Amendment 39-16375; AD 2010-15-09]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-500 Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that will supersede an existing AD. 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 describes
the unsafe condition as:
[[Page 43050]]
It has been found the possibility of heating deactivation of Air
Data System (ADS) sensors due to its inadequate automatic logic,
when ADS/AOA knob is on AUTO position associated with the following
messages:
--DC BUS 1 OFF displayed on Crew Alerting System--CAS in conjunction
with STBY HTR FAIL (which means loss of power on DC BUS 1); or
--EMER BUS OFF displayed on CAS (which means loss of power on
EMERGENCY BUS); or
--ELEC EMERGENCY displayed on CAS (which means Electrical
Emergency).
The loss of airplane air data sensors heating may cause ice buildup
on their surfaces, which in turn may cause wrong pressure
acquisitions resulting in erroneous flight parameters indication to
the flight crew. Since this condition may occur in other airplanes
of the same type and affects flight safety, an immediate corrective
action is required. Thus, sufficient reason exists to request
compliance with this AD in the indicated time limit.
This AD requires actions that are intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective August 12, 2010.
We must receive comments on this AD by September 7, 2010.
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.
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 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: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
On November 2, 2009, we issued AD 2009-23-11, Amendment 39-16085
(74 FR 58195; November 12, 2009). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2009-23-11, Empresa Brasileira de
Aeron[aacute]utica S.A. (EMBRAER) has issued service bulletin 500-27-
0003, dated May 18, 2010. The service bulletin changes flap position 3
from 36 degrees to 26 degrees. The service bulletin also changes flap
position 3 Vref airspeeds and landing distance correction
factors. Consequently, accomplishing the service bulletin necessitates
changes to the Abnormal Procedures section of the FAA-approved airplane
flight manual (AFM). The AFM changes were not included as part of the
service bulletin.
The AG[Ecirc]NCIA NACIONAL DE AVIA[Ccedil][Atilde]O CIVIL--BRAZIL,
which is the aviation authority for Brazil, has issued AD No.: 2009-10-
01R2, dated July 28, 2010 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
It has been found the possibility of heating deactivation of Air
Data System (ADS) sensors due to its inadequate automatic logic,
when ADS/AOA knob is on AUTO position associated with the following
messages:
--DC BUS 1 OFF displayed on Crew Alerting System--CAS in conjunction
with STBY HTR FAIL (which means loss of power on DC BUS 1); or
--EMER BUS OFF displayed on CAS (which means loss of power on
EMERGENCY BUS); or
--ELEC EMERGENCY displayed on CAS (which means Electrical
Emergency).
The loss of airplane air data sensors heating may cause ice buildup
on their surfaces, which in turn may cause wrong pressure
acquisitions resulting in erroneous flight parameters indication to
the flight crew. Since this condition may occur in other airplanes
of the same type and affects flight safety, an immediate corrective
action is required. Thus, sufficient reason exists to request
compliance with this AD in the indicated time limit.
This AD action requires inserting information into the Abnormal
Procedures section of the FAA-approved AFM. You may obtain further
information by examining the MCAI in the AD docket.
FAA's Determination and Requirements of the 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 issuing this AD because we
evaluated all information provided by the State of Design Authority and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.
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 have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
loss of airplane air data sensors heating may cause ice buildup on
their surface. This condition may cause wrong pressure acquisitions,
resulting in erroneous flight parameters indication to the flight crew.
Therefore, we determined that notice and opportunity for public comment
before issuing this AD are impracticable and that good cause exists for
making this amendment effective in fewer than 30 days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2010-0733; Directorate
Identifier 2010-CE-038-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments
[[Page 43051]]
received by the closing date and may amend this 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 AD.
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 that 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
Adoption of the Amendment
0
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 removing Amendment 39-16085 (74 FR
58195; November 12, 2009), and adding the following new AD:
2010-15-09 Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER):
Amendment 39-16375; Docket No. FAA-2010-0733; Directorate Identifier
2010-CE-038-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
12, 2010.
Affected ADs
(b) This AD supersedes AD 2009-23-11; Amendment 39-16085.
Applicability
(c) This AD applies to the following Empresa Brasileira de
Aeron[aacute]utica S.A. (EMBRAER) Model EMB-500 airplanes, all
serial numbers, certificated in any category:
(i) Group 1 Airplanes (retains the actions and applicability
from AD 2009-23-11): Airplanes for which service bulletin (SB) 500-
27-0003 has not been accomplished or that do not have an equivalent
modification that was incorporated in the production line; and
(ii) Group 2 Airplanes: Airplanes for which SB 500-27-0003 has
been accomplished or have an equivalent modification that was
incorporated in the production line.
Subject
(d) Air Transport Association of America (ATA) Code 30: Ice and
Rain Protection.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the possibility of heating deactivation of Air
Data System (ADS) sensors due to its inadequate automatic logic,
when ADS/AOA knob is on AUTO position associated with the following
messages:
--DC BUS 1 OFF displayed on Crew Alerting System--CAS in conjunction
with STBY HTR FAIL (which means loss of power on DC BUS 1); or
--EMER BUS OFF displayed on CAS (which means loss of power on
EMERGENCY BUS); or
--ELEC EMERGENCY displayed on CAS (which means Electrical
Emergency).
The loss of airplane air data sensors heating may cause ice buildup
on their surfaces, which in turn may cause wrong pressure
acquisitions resulting in erroneous flight parameters indication to
the flight crew. Since this condition may occur in other airplanes
of the same type and affects flight safety, an immediate corrective
action is required. Thus, sufficient reason exists to request
compliance with this AD in the indicated time limit.
This AD action requires inserting information into the Abnormal
Procedures section of the FAA-approved airplane flight manual (AFM).
Actions and Compliance
(f) Group 1 Airplanes: unless already done, before further
flight after December 2, 2009 (the effective date retained from AD
2009-23-11), incorporate into the AFM the following procedures
section revisions. You may insert a copy of this AD into the
appropriate sections of the AFM to comply with the requirements of
this AD.
(1) Revise the AFM by replacing the ELECTRICAL EMERGENCY
procedures in AFM section 4-08, Abnormal Procedures, with Figure 1:
[[Page 43052]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.049
[[Page 43053]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.050
(2) Revise the AFM by replacing the DC BUS 1 OFF procedure in
AFM section 4-08, Abnormal Procedures, with Figure 2:
[[Page 43054]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.051
(3) Revise the AFM by replacing the EMERGENCY BUS OFF procedure
in AFM section 4-08, Abnormal Procedures, with Figure 3:
[[Page 43055]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.052
(g) Group 2 Airplanes: Unless already done, before further
flight after August 12, 2010 (the effective date of this AD),
incorporate into the AFM the following procedures section revisions.
You may insert a copy of this AD into the appropriate sections of
the AFM to comply with the requirements of this AD.
(1) Revise the AFM by replacing the ELECTRICAL EMERGENCY
procedures in AFM section 4-08, Abnormal Procedures, with Figure 4:
[[Page 43056]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.053
[[Page 43057]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.054
(2) Revise the AFM by replacing the DC BUS 1 OFF procedure in
AFM section 4-08, Abnormal Procedures, with Figure 5:
[[Page 43058]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.055
(3) Revise the AFM by replacing the EMERGENCY BUS OFF procedure
in AFM section 4-08, Abnormal Procedures, with Figure 6:
[[Page 43059]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.056
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(h) 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.: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; 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, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et.seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(i) Refer to MCAI ANAC, AD No.: 2009-10-01R2, dated July 28,
2010, for related information.
Issued in Kansas City, Missouri, on July 16, 2010.
Kim Smith,
Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010-18015 Filed 7-22-10; 8:45 am]
BILLING CODE 4910-13-P