Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-500 Airplanes, 8845-8851 [E9-4099]

Download as PDF 8845 Rules and Regulations Federal Register Vol. 74, No. 38 Friday, February 27, 2009 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Examining the AD Docket [Docket No. FAA–2009–0150; Directorate Identifier 2009–CE–010–AD; Amendment 39–15830; AD 2009–05–06] 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. 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: dwashington3 on PROD1PC60 with RULES There is a possibility that during a go around procedure with a flap system failed the stall warning and the stick pusher triggering angles are anticipated reducing the margin between the real angle of attack and the stick pusher triggering angle. If the stick pusher is activated at a low altitude the pilot may be not able to recover the airplane control. Since this condition affects flight safety, an immediate corrective action is required. Thus, sufficient reason exists to request compliance with this EAD in the indicated time limit without prior notice. This AD requires actions that are intended to address the unsafe condition described in the MCAI. DATES: This AD becomes effective February 27, 2009. We must receive comments on this AD by March 30, 2009. ADDRESSES: You may send comments by any of the following methods: VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 • Federal eRulemaking Portal: Go to https://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. You may examine the AD docket on the Internet at https:// 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, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329– 4146; fax: (816) 329–4090. SUPPLEMENTARY INFORMATION: Discussion ˆ The AGENCIA NACIONAL DE AVIACAO CIVIL—BRAZIL, which is ¸˜ the aviation authority for Brazil, has issued EAD No.: 2009–02–04, dated February 13, 2009 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: There is a possibility that during a go around procedure with a flap system failed the stall warning and the stick pusher triggering angles are anticipated reducing the margin between the real angle of attack and the stick pusher triggering angle. If the stick pusher is activated at a low altitude the pilot may be not able to recover the airplane control. Since this condition affects flight safety, an immediate corrective action is required. Thus, sufficient reason exists to request compliance with this EAD in the indicated time limit without prior notice. You may obtain further information by examining the MCAI in the AD docket. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 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 if the stick pusher is activated at a low altitude the pilot may not be able to recover the airplane control. 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 E:\FR\FM\27FER1.SGM 27FER1 8846 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–0150; Directorate Identifier 2009–CE–010– 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 https:// 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new AD: ■ 2009–05–06 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Amendment 39–15830; Docket No. FAA–2009–0150; Directorate Identifier 2009–CE–010–AD. Effective Date (a) This airworthiness directive (AD) becomes effective February 27, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Models EMB–500 airplanes, all serial numbers, equipped with the stall warning computer part number (P/N) C100106–1, 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: There is a possibility that during a go around procedure with a flap system failed the stall warning and the stick pusher triggering angles are anticipated reducing the margin between the real angle of attack and the stick pusher triggering angle. If the stick pusher is activated at a low altitude the pilot may be not able to recover the airplane control. Since this condition affects flight safety, an immediate corrective action is required. Thus, sufficient reason exists to request compliance with this EAD in the indicated time limit without prior notice. Actions and Compliance (f) Unless already done, before further flight, incorporate into the airplane flight manual (AFM) the following procedures and limitations 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 adding Figure 1 of this AD to the Limitations section 2.30. BILLING CODE 4910–13–P VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1 ER27FE09.000</GPH> dwashington3 on PROD1PC60 with RULES (2) Replace the GO–AROUND procedure in AFM Section 3–03, page 2, with the procedure in Figure 2 of this AD. Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 4–01, page 17, with the procedure in Figure 3 of this AD. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1 ER27FE09.001</GPH> dwashington3 on PROD1PC60 with RULES (3) Replace the ONE ENGINE INOPERATIVE PROCEDURE APPROACH AND LANDING procedure in AFM Section 8847 8848 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations ER27FE09.003</GPH> (5) Replace the AFM performance tables (ANTI–ICE OFF) in Section 5–20, pages 2 and 3, with the table in Figure 5 of this AD. VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1 ER27FE09.002</GPH> dwashington3 on PROD1PC60 with RULES (4) Revise AFM Section 5–02 by adding the statement in Figure 4 of this AD. Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 8849 VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\27FER1.SGM 27FER1 ER27FE09.004</GPH> dwashington3 on PROD1PC60 with RULES (6) Replace the AFM performance tables (ANTI–ICE OFF) in Section 5–25, pages 2 and 3, with the table in Figure 6 of this AD. Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations BILLING CODE 4910–13–C Note 1: The above limitation and procedures are considered an interim solution until a final action is identified, at ˆ which time AGENCIA NACIONAL DE AVIACAO CIVIL—BRAZIL (ANAC) and the ¸˜ FAA may consider further AD action. VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 Note 2: Operation in icing conditions is not affected by the above limitations and procedures. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 FAA AD Differences Note 3: This AD differs from the MCAI and/or service information as follows: No differences. E:\FR\FM\27FER1.SGM 27FER1 ER27FE09.005</GPH> dwashington3 on PROD1PC60 with RULES 8850 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 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 FAAapproved 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, EAD No.: 2009– 02–04, dated February 13, 2009. Issued in Kansas City, Missouri, on February 20, 2009. Kim Smith, Manager, Small Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–4099 Filed 2–26–09; 8:45 am] BILLING CODE 4910–13–C DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–1065; Directorate Identifier 2008–NM–126–AD; Amendment 39–15827; AD 2009–05–03] RIN 2120–AA64 Airworthiness Directives; Boeing Model 727 Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. dwashington3 on PROD1PC60 with RULES AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for certain Boeing Model 727 airplanes. This AD requires among other actions, installing new ground fault interrupter (GFI) relays for the main fuel tanks and the auxiliary fuel tank pumps. This AD also VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 requires revising the FAA-approved maintenance program to incorporate new Airworthiness Limitations for the GFI of the boost pumps and for the uncommanded on system for the auxiliary fuel tank pumps. This AD results from fuel system reviews conducted by the manufacturer. We are issuing this AD to prevent an electrical fault in the fuel pump system, which might cause a connector or end cap to burn through and a subsequent fire or explosion inside the fuel pump or wing spar area. We are also issuing this AD to prevent uncommanded operation of the auxiliary fuel tank pumps, which can cause them to run dry. This condition will increase pump temperature and could supply an ignition source to fumes in the fuel tank, which can result in a consequent fire or explosion. DATES: This AD is effective April 3, 2009. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 3, 2009. ADDRESSES: For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC 2H–65, Seattle, Washington 98124– 2207; telephone 206–544–5000, extension 1, fax 206–766–5680; e-mail me.boecom@boeing.com; Internet https://www.myboeingfleet.com. Examining the AD Docket You may examine the AD docket on the Internet at https:// 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 address for the Docket Office (telephone 800–647–5527) is the 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: Binh Tran, Aerospace Engineer, Systems and Equipment Branch, ANM–130S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057–3356; telephone (425) 917–6485; fax (425) 917–6590. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 8851 directive (AD) that would apply to certain Boeing Model 727 airplanes. That NPRM was published in the Federal Register on October 7, 2008 (73 FR 58509). That NPRM proposed to require, among other actions, installing new ground fault interrupter (GFI) relays for the main fuel tanks and the auxiliary fuel tank pumps. This AD also requires revising the FAA-approved maintenance program to incorporate new Airworthiness Limitations for the GFI of the boost pumps and for the uncommanded on system for the auxiliary fuel tank pumps. Comments We gave the public the opportunity to participate in developing this AD. We considered the comments received. Support for the NPRM Boeing concurs with the contents of the NPRM. General Comment Disagreeing With NPRM Another commenter, Ralph Pascale, asserts that the current configuration of the boost pump circuits is adequate and does not need to be changed. The commenter feels that by installing the GFIs on the boost pumps according to the NPRM, there could be a condition where during a loss of all generators due to thunderstorms, electrical power is lost to the boost pumps and the possibility of the GFI tripping due to high voltage (getting hit by lightning) will prevent the boost pumps from supplying boosted pressure when electrical power is re-established, causing a triple flameout. We infer that the commenter is requesting that we withdraw the NPRM. We do not concur. Loss of all generators resulting in loss of all boost pumps is a rare event, even without GFI installed for the boost pumps. The GFI has been tested for lightning threat to a level that is higher than the worst-case lightning threat that a Model 727 airplane would typically experience. Therefore, the risk to the boost pumps has not increased. We have not changed this final rule in light of the comment. Conclusion We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting the AD as proposed. Costs of Compliance We estimate that this AD will affect 199 airplanes of U.S. registry. The following table provides the estimated E:\FR\FM\27FER1.SGM 27FER1

Agencies

[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8845-8851]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4099]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / 
Rules and Regulations

[[Page 8845]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0150; Directorate Identifier 2009-CE-010-AD; 
Amendment 39-15830; AD 2009-05-06]
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.

-----------------------------------------------------------------------

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:

    There is a possibility that during a go around procedure with a 
flap system failed the stall warning and the stick pusher triggering 
angles are anticipated reducing the margin between the real angle of 
attack and the stick pusher triggering angle. If the stick pusher is 
activated at a low altitude the pilot may be not able to recover the 
airplane control. Since this condition affects flight safety, an 
immediate corrective action is required. Thus, sufficient reason 
exists to request compliance with this EAD in the indicated time 
limit without prior notice.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective February 27, 2009.
    We must receive comments on this AD by March 30, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://
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 https://
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, 
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 EAD No.: 2009-
02-04, dated February 13, 2009 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    There is a possibility that during a go around procedure with a 
flap system failed the stall warning and the stick pusher triggering 
angles are anticipated reducing the margin between the real angle of 
attack and the stick pusher triggering angle. If the stick pusher is 
activated at a low altitude the pilot may be not able to recover the 
airplane control. Since this condition affects flight safety, an 
immediate corrective action is required. Thus, sufficient reason 
exists to request compliance with this EAD in the indicated time 
limit without prior notice.

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 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 if 
the stick pusher is activated at a low altitude the pilot may not be 
able to recover the airplane control. 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

[[Page 8846]]

data, views, or arguments about this AD. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2009-0150; Directorate Identifier 2009-CE-010-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 https://
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]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-05-06 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15830; Docket No. FAA-2009-0150; Directorate Identifier 
2009-CE-010-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models EMB-500 airplanes, all serial 
numbers, equipped with the stall warning computer part number (P/N) 
C100106-1, 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: There is a possibility that during a go around procedure 
with a flap system failed the stall warning and the stick pusher 
triggering angles are anticipated reducing the margin between the 
real angle of attack and the stick pusher triggering angle. If the 
stick pusher is activated at a low altitude the pilot may be not 
able to recover the airplane control. Since this condition affects 
flight safety, an immediate corrective action is required. Thus, 
sufficient reason exists to request compliance with this EAD in the 
indicated time limit without prior notice.

Actions and Compliance

    (f) Unless already done, before further flight, incorporate into 
the airplane flight manual (AFM) the following procedures and 
limitations 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 adding Figure 1 of this AD to the 
Limitations section 2.30.
BILLING CODE 4910-13-P
[GRAPHIC] [TIFF OMITTED] TR27FE09.000

    (2) Replace the GO-AROUND procedure in AFM Section 3-03, page 2, 
with the procedure in Figure 2 of this AD.

[[Page 8847]]

[GRAPHIC] [TIFF OMITTED] TR27FE09.001

    (3) Replace the ONE ENGINE INOPERATIVE PROCEDURE APPROACH AND 
LANDING procedure in AFM Section 4-01, page 17, with the procedure 
in Figure 3 of this AD.

[[Page 8848]]

[GRAPHIC] [TIFF OMITTED] TR27FE09.002

    (4) Revise AFM Section 5-02 by adding the statement in Figure 4 
of this AD.
[GRAPHIC] [TIFF OMITTED] TR27FE09.003

    (5) Replace the AFM performance tables (ANTI-ICE OFF) in Section 
5-20, pages 2 and 3, with the table in Figure 5 of this AD.

[[Page 8849]]

[GRAPHIC] [TIFF OMITTED] TR27FE09.004

    (6) Replace the AFM performance tables (ANTI-ICE OFF) in Section 
5-25, pages 2 and 3, with the table in Figure 6 of this AD.

[[Page 8850]]

[GRAPHIC] [TIFF OMITTED] TR27FE09.005

BILLING CODE 4910-13-C

    Note 1: The above limitation and procedures are considered an 
interim solution until a final action is identified, at which time 
AG[Ecirc]NCIA NACIONAL DE AVIA[Ccedil][Atilde]O CIVIL--BRAZIL (ANAC) 
and the FAA may consider further AD action.


    Note 2: Operation in icing conditions is not affected by the 
above limitations and procedures.

 FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: No differences.


[[Page 8851]]



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, EAD No.: 2009-02-04, dated February 13, 
2009.

    Issued in Kansas City, Missouri, on February 20, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-4099 Filed 2-26-09; 8:45 am]
BILLING CODE 4910-13-C
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