[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52220-52222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20775]


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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; 
Amendment 39-16779; AD 2011-17-15]
RIN 2120-AA64


Airworthiness Directives; Embraer--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 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.

    We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective September 26, 2011.
    On September 26, 2011, 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--PO Box: 36/2, BRASIL; telephone: ++55 12 3927-5383; fax: 
++55 12 3927-2619; e-mail: embraer.com.br">phenom.reliability@embraer.com.br; 
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: Jim Rutherford, Aerospace Engineer, 
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, 
Missouri 64106; telephone: (816) 329-4165; fax: (816) 329-4090; e-mail: 
[email protected].

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 May 10, 2011 (76 FR 
26959). That NPRM proposed to correct an unsafe condition for the 
specified products. The 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.

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

[[Page 52221]]

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

    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:

2011-17-15 Embraer--Empresa Brasileira de Aeronautica S.A.: 
Amendment 39-16779; Docket No. FAA-2011-0088; Directorate Identifier 
2010-CE-072-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective 
September 26, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the following airplanes, certificated in 
any category:
    (1) Group I airplanes:
    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:
    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 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 (f)(1)(ii) of this 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.
    (2) 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-

[[Page 52222]]

4090; e-mail: [email protected]. 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.

Material Incorporated by Reference

    (i) You must use PHENOM Service Bulletin SB No.: 500-27-0006, 
Revision No.: 02, dated January 14, 2011, 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: 36/2, BRASIL; telephone: ++55 
12 3927-5383; fax: ++55 12 3927-2619; e-mail: 
embraer.com.br">phenom.reliability@embraer.com.br; 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 August 9, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-20775 Filed 8-19-11; 8:45 am]
BILLING CODE 4910-13-P