[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Proposed Rules]
[Pages 26959-26962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11334]


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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]
RIN 2120-AA64


Airworthiness Directives; Embraer--Embraer--Empresa Brasileira de 
Aeronautica S.A. (EMBRAER) Model EMB-500 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking (NPRM); extension of 
the comment period.

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SUMMARY: We are revising an earlier NPRM for the products listed above. 
This proposed AD results from mandatory continuing airworthiness 
information (MCAI) originated 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.

The proposed AD would require actions that are intended to address the 
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by June 24, 2011.

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.
    For service information identified in this proposed AD, contact 
EMBRAER Empresa Brasileira de Aeron[aacute]utica S.A., Phenom 
Maintenance Support, Av. Brig. Faria 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: [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.

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 proposed 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: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0088; 
Directorate Identifier 2010-CE-072-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

[[Page 26960]]

Discussion

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
January 31, 2011 (76 FR 5298). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that NPRM was issued, EMBRAER issued new service information 
that adds actions to inspect the sensor area and apply sealant around 
the sensors and also adds additional airplanes to the applicability.
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil--Brazil 
(ANAC), which is the aviation authority for Brazil, has issued Notice 
of Proposed Regulation (NPR) NPR/AD 2011-500-02, dated March 31, 2011, 
to add additional information from the revised service information to 
correct an unsafe condition for the specified products. The NPR 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.

You may obtain further information by examining the NPR in the AD 
docket.

Relevant Service Information

    Embraer--Empresa Brasileira de Aeronautica S.A. has issued PHENOM 
Service Bulletin SB No.: 500-27-0006, Revision No.: 02, dated January 
14, 2011. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

Comments

    We have considered the following comments received on the earlier 
NPRM.

Service Information Revision

    Embraer commented that new requirements to inspect the sensor area 
and apply sealant around the interface between the angle of attack 
(AOA) covers and the new AOA sensors were included in a revision to the 
service information referenced in the earlier NPRM. If the new 
requirements in the revised service information were not included in 
the proposed NPRM action, the new AOA sensors could be subject to the 
same behavior as the old AOA sensors. Embraer suggests changing the 
proposed NPRM to include the actions and procedures required by the new 
revised service information.
    We agree with this comment. If we do not incorporate the additional 
actions and procedures required by the revised service information, 
moisture could still accumulate and freeze, under certain conditions, 
in the gap between the new AOA vane base assembly and the stationary 
ring of the new sensor's body. This condition could cause the sensors 
to get stuck and cause the Stall Warning Protection System to no longer 
be effective. We propose the use of PHENOM Service Bulletin SB No.: 
500-27-0006, Revision No.: 02, dated January 14, 2011, which 
incorporates the actions previously proposed and adds additional 
actions and procedures to require inspecting the sensor area and 
applying sealant around the interface between the AOA covers and the 
AOA sensors.

FAA's Determination and Requirements of the Proposed 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 proposing this AD because 
we evaluated all information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on the proposed AD.

Differences Between This Proposed 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 proposed 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 proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 101 products of U.S. 
registry.
    We estimate that 85 products of U.S. registry would require the 
modification and that it would take about 9.5 work-hours per product to 
comply with the modification requirements of this proposed AD. The 
average labor rate is $85 per work-hour. Required parts would cost 
about $1,550 per product.
    Based on these figures, we estimate the cost of the modification 
requirement of the proposed 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 would require an 
inspection for sealant application. We estimate it would take .5 hours 
to comply with the inspection requirements of this proposed AD.
    Based on these figures, we estimate the cost of the inspection for 
the sealant application requirement of the proposed 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 would 
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.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on

[[Page 26961]]

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 proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the 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 proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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:

Embraer--Empresa Brasileira de Aeronautica S.A.: Docket No. FAA-
2011-0088; Directorate Identifier 2010-CE-072-AD.

Comments Due Date

    (a) We must receive comments by June 24, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplanes, certificated in 
any category:
    (1) Group 1 airplanes
    Group 1 includes 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
    Group II includes 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 proposed 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 (ii) of this proposed 
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.
    (4) 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) 329-4090. 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 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. For service information 
related to this AD, contact EMBRAER Empresa Brasileira de

[[Page 26962]]

Aeron[aacute]utica S.A., Phenom Maintenance Support, Av. Brig. Faria 
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: [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.

    Issued in Kansas City, Missouri, on May 4, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-11334 Filed 5-9-11; 8:45 am]
BILLING CODE 4910-13-P