[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Rules and Regulations]
[Pages 68684-68686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27974]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0870; Directorate Identifier 2010-CE-045-AD;
Amendment 39-16505; AD 2010-23-16]
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.
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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 the occurrences of failure of the Flow Control
Shutoff Valve (FCSOV) in the closed position. Failure of the two
valves (left and right) can cause the loss of the pneumatic source,
and lead to loss of the cabin pressurization.
Since this condition affects flight safety, a corrective action
is required. Thus, sufficient reason exists to request compliance
with this AD.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective December 14, 2010.
On December 14, 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 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: 38/2, BRASIL, telephone: ++55 12 3927-5383; fax:
++55 12 3927-2610; 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.
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 September 1, 2010
(75 FR
[[Page 68685]]
53609). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:
It has been found the occurrences of failure of the Flow Control
Shutoff Valve (FCSOV) in the closed position. Failure of the two
valves (left and right) can cause the loss of the pneumatic source,
and lead to loss of the cabin pressurization.
Since this condition affects flight safety, a corrective action
is required. Thus, sufficient reason exists to request compliance
with this AD.
The MCAI requires replacing both FCSOVs with new and improved FCSOVs.
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 79 products of U.S. registry.
We also estimate that it will take about 4 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 $10,487 per
product.
Based on these figures, we estimate the cost of the AD on U.S.
operators to be $855,333, or $10,827 per product.
According to Embraer, the parts cost of this AD may be covered
under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all cost in our cost
estimate.
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:
2010-23-16 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16505; Docket No. FAA-2010-0870; Directorate Identifier
2010-CE-045-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective December
14, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-500 airplanes, serial numbers 50000005 through
50000118, 50000120, 50000122 through 50000126, 50000128, and
50000131, certificated in any category.
Subject
(d) Air Transport Association of America (ATA) Code 36:
Pneumatic.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the occurrences of failure of the Flow Control
Shutoff Valve (FCSOV) in the closed position. Failure of the two
valves (left and right) can cause the loss of the pneumatic source,
and lead to loss of the cabin pressurization.
Since this condition affects flight safety, a corrective action
is required. Thus, sufficient reason exists to request compliance
with this AD.
The MCAI requires replacing both FCSOVs with new and improved
FCSOVs.
Actions and Compliance
(f) Unless already done, at the next scheduled maintenance check
or within 12 months after December 14, 2010 (the effective date of
this AD) or within 600 hours time-in-service after December 14, 2010
(the effective date of this AD), whichever occurs first, replace
both flow control shutoff valves, part number (P/N) 1300230-13 and
P/N 1300230-23, with P/N 1300230-15 and P/N 1300230-25. Do the
replacements following
[[Page 68686]]
EMBRAER Phenom Service Bulletin 500-21-0001, dated December 9, 2009.
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:
(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, 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 MCAI AG[Ecirc]NCIA NACIONAL DE
AVIA[Ccedil][Atilde]O CIVIL--BRAZIL (ANAC) AD No. 2010-08-01, dated
September 3, 2010; and EMBRAER Phenom Service Bulletin 500-21-0001,
dated December 9, 2009, for related information.
Material Incorporated by Reference
(i) You must use EMBRAER Phenom Service Bulletin 500-21-0001,
dated December 9, 2009, 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: 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 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 October 29, 2010.
John Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-27974 Filed 11-8-10; 8:45 am]
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