[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Rules and Regulations]
[Pages 58195-58200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26795]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-1039; Directorate Identifier 2009-CE-059-AD; 
Amendment 39-16085; AD 2009-23-11]
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. 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:

    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 December 2, 2009.
    We must receive comments on this AD by December 28, 2009.

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

    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-
01R1, dated October 16, 2009 (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 airplane flight manual (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

[[Page 58196]]

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-2009-1039; Directorate 
Identifier 2009-CE-059-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 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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-23-11 Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER): 
Amendment 39-16085; Docket No. FAA-2009-1039; Directorate Identifier 
2009-CE-059-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective December 
2, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EMB-500 airplanes, all serial 
numbers, certificated in any category.

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) Unless already done, before further flight, 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

[[Page 58197]]

AFM section 4-08, Abnormal Procedures, pages 3 and 4, with Figure 1:

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[[Page 58198]]


[GRAPHIC] [TIFF OMITTED] TR12NO09.056

    (2) Revise the AFM by replacing the DC BUS 1 OFF procedure in 
AFM section 4-08, Abnormal Procedures, pages 6 and 7, with Figure 2:

[[Page 58199]]

[GRAPHIC] [TIFF OMITTED] TR12NO09.057

    (3) Revise the AFM by replacing the EMERGENCY BUS OFF procedure 
in AFM section 4-08, Abnormal Procedures, page 9, with Figure 3:

[[Page 58200]]

[GRAPHIC] [TIFF OMITTED] TR12NO09.058

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, 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 ANAC, AD No.: 2009-10-01R1, dated October 16, 
2009, for related information.

    Issued in Kansas City, Missouri on November 2, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-26795 Filed 11-10-09; 8:45 am]
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