[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Rules and Regulations]
[Pages 63048-63050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25283]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0754 Directorate Identifier 2010-CE-039-AD;
Amendment 39-16475; AD 2010-21-15]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-500 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
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 certain regions of the elevators,
elevators trim tabs, and ailerons do not present drain holes to
avoid water accumulation inside of these flight control surfaces.
Internal water accumulation may lead to flight control surfaces
unbalancing possibly reducing the flutter margins, which could
result in 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 AD in
the indicated time limit.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective November 18, 2010.
On November 18, 2010, 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 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
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 August 3, 2010 (75
FR 45558). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found that certain regions of the elevators,
elevators trim tabs, and ailerons do
[[Page 63049]]
not present drain holes to avoid water accumulation inside of these
flight control surfaces. Internal water accumulation may lead to
flight control surfaces unbalancing possibly reducing the flutter
margins, which could result in 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 AD in
the indicated time limit.
The MCAI requires you to drill new drain holes in the elevators,
elevators trim tabs, and ailerons surfaces. You may obtain further
information by examining the MCAI in the AD docket.
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 78 products of U.S. registry.
We also estimate that it will take about 18 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $128 per product.
Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $129,324 or $1,658 per product.
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
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 adding the following new AD:
2010-21-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16475; Docket No. FAA-2010-0754; Directorate Identifier
2010-CE-039-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective November
18, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model EMB-500 airplanes, serial numbers
50000005 through 50000134, 50000136, 50000137, and 50000139 through
50000165, certificated in any category.
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 certain regions of the elevators,
elevators trim tabs, and ailerons do not present drain holes to
avoid water accumulation inside of these flight control surfaces.
Internal water accumulation may lead to flight control surfaces
unbalancing possibly reducing the flutter margins, which could
result in 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 AD in
the indicated time limit.
The MCAI requires you to drill new drain holes in the elevators,
elevators trim tabs, and ailerons surfaces.
Actions and Compliance
(f) Unless already done, within the next 24 calendar months
after November 18, 2010 (the effective date of this AD), rework the
elevators, elevators trim tabs, and ailerons surfaces by drilling
additional drain holes in them following Empresa Brasileira de
Aeron[aacute]utica S.A. (EMBRAER) Service Bulletin 500-57-0001,
dated April 28, 2010.
FAA AD Differences
Note: 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:
[[Page 63050]]
(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
(h) Refer to MCAI Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil--Brazil (ANAC), AD No.: 2010-07-01,
dated August 9, 2010; and Empresa Brasileira de Aeron[aacute]utica
S.A. (EMBRAER) Service Bulletin 500-57-0001, dated April 28, 2010,
for related information.
Material Incorporated by Reference
(i) You must use Empresa Brasileira de Aeron[aacute]utica S.A.
(EMBRAER) Service Bulletin 500-57-0001, dated April 28, 2010, 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--PO Box: 38/2, BRASIL, telephone: ++55 12
3927-5383; fax: ++55 12 3927-2610; E-mail:
[email protected]; Internet: http://www.embraer.com.br.
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(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 September 30, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-25283 Filed 10-13-10; 8:45 am]
BILLING CODE 4910-13-P