Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-500 Airplanes, 43049-43059 [2010-18015]
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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations
TABLE 1 TO § 983.150(d)(2)—INSHELL PISTACHIO LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION
Minimum number
of incremental
samples for the
lot sample
Lot weight
(lbs.)
220 or less ...........................................................................................................
221–440 ...............................................................................................................
441–1,100 ............................................................................................................
1,101–2,200 .........................................................................................................
2,201–4,400 .........................................................................................................
4,401–11,000 .......................................................................................................
11,001–22,000 .....................................................................................................
22,001–150,000 ...................................................................................................
Total weight of
lot sample
(kilograms)
10
15
20
30
40
60
80
100
Weight of test
sample
(kilograms)
2.0
3.0
4.0
6.0
8.0
12.0
16.0
20.0
2.0
3.0
4.0
6.0
8.0
6.0
8.0
10.0
TABLE 2 TO § 983.150(d)(2)—SHELLED PISTACHIO KERNEL LOT SAMPLING INCREMENTS FOR AFLATOXIN CERTIFICATION
Minimum number
of incremental
samples for the
lot sample
Lot weight
(lbs.)
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220 or less ...........................................................................................................
221–440 ...............................................................................................................
441–1,100 ............................................................................................................
1,101–2,200 .........................................................................................................
2,201–4,400 .........................................................................................................
4,401–11,000 .......................................................................................................
11,001–22,000 .....................................................................................................
22,001–150,000 ...................................................................................................
(3) Testing of pistachios. Test samples
shall be received and logged by an
accredited laboratory and each test
sample shall be prepared and analyzed
using High Pressure Liquid
Chromatography (HPLC), Vicam Method
(Aflatest), or other methods as
recommended by not fewer than eight
members of the committee and
approved by the Secretary. The aflatoxin
level shall be calculated on a kernel
weight basis.
(4) Certification of lots ‘‘negative’’ as to
aflatoxin. (i) Lots which require a single
test sample will be certified as
‘‘negative’’ on the aflatoxin certificate if
the sample has an aflatoxin level at or
below 15 ppb. If the aflatoxin level is
above 15 ppb, the lot fails and the
accredited laboratory shall fill out a
failed lot notification report as specified
in §§ 983.52 and 983.152.
(ii) Lots which require two test
samples will be certified as ‘‘negative’’
on the aflatoxin inspection certificate if
Test Sample #1 has an aflatoxin level at
or below 10 ppb. If the aflatoxin level
of Test Sample #1 is above 20 ppb, the
lot fails and the accredited laboratory
shall fill out a failed lot notification
report as specified in §§ 983.52 and
983.152. If the aflatoxin level of Test
Sample #1 is above 10 ppb and at or
below 20 ppb, the accredited laboratory
may at the handler’s discretion analyze
Test Sample #2 and the test results of
Test Samples #1 and #2 will be
averaged. Alternately, the handler may
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10
15
20
30
40
60
80
100
elect to withdraw the lot from testing,
rework the lot, and resubmit it for
testing after reworking. If the handler
directs the laboratory to proceed with
the analysis of Test Sample #2, a lot will
be certified as negative to aflatoxin and
the laboratory shall issue an aflatoxin
inspection certificate if the averaged
results of Test Sample #1 and Test
Sample #2 is at or below 15 ppb. If the
averaged aflatoxin level of Test Samples
#1 and #2 is above 15 ppb, the lot fails
and the accredited laboratory shall fill
out a failed lot notification report as
specified in §§ 983.52 and 983.152.
(iii) The accredited laboratory shall
send a copy of the failed lot notification
report to the Committee and to the
failed lot’s owner within 10 working
days of any failure described in this
section. If the lot is certified as negative
as described in this section, the
aflatoxin inspection certificate shall
certify the lot using a certification form
identifying each lot by weight, grade,
and date. The certification expires for
the lot or remainder of the lot after 12
months.
*
*
*
*
*
(6) Test samples that are not used for
analysis. If a handler does not elect to
use Test Sample #2 for certification
purposes, the handler may request that
the laboratory return it to the handler.
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Total weight of
lot sample
(kilograms)
Weight of test
sample
(kilograms)
1.0
1.5
2.0
3.0
4.0
6.0
8.0
10.0
1.0
1.5
2.0
3.0
4.0
3.0
4.0
5.0
Dated: July 20, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–18089 Filed 7–22–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0733; Directorate
Identifier 2010–CE–038–AD; Amendment
39–16375; AD 2010–15–09]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–500 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
products listed above that will
supersede an existing AD. 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:
SUMMARY:
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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations
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.
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This AD requires actions that are
intended to address the unsafe
condition described in the MCAI.
DATES: This AD becomes effective
August 12, 2010.
We must receive comments on this
AD by September 7, 2010.
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, FAA,
Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4146; fax: (816)
329–4090.
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15:09 Jul 22, 2010
Jkt 220001
SUPPLEMENTARY INFORMATION:
Discussion
On November 2, 2009, we issued AD
2009–23–11, Amendment 39–16085 (74
FR 58195; November 12, 2009). That AD
required actions intended to address an
unsafe condition on the products listed
above.
Since we issued AD 2009–23–11,
´
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) has issued service bulletin
500–27–0003, dated May 18, 2010. The
service bulletin changes flap position 3
from 36 degrees to 26 degrees. The
service bulletin also changes flap
position 3 Vref airspeeds and landing
distance correction factors.
Consequently, accomplishing the
service bulletin necessitates changes to
the Abnormal Procedures section of the
FAA-approved airplane flight manual
(AFM). The AFM changes were not
included as part of the service bulletin.
ˆ
The AGENCIA NACIONAL DE
AVIACAO CIVIL—BRAZIL, which is
¸˜
the aviation authority for Brazil, has
issued AD No.: 2009–10–01R2, dated
July 28, 2010 (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
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
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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 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–2010–0733;
Directorate Identifier 2010–CE–038–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
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Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations
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.
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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
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(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
removing Amendment 39–16085 (74 FR
58195; November 12, 2009), and adding
the following new AD:
■
2010–15–09 Empresa Brasileira de
´
Aeronautica S.A. (EMBRAER):
Amendment 39–16375; Docket No.
FAA–2010–0733; Directorate Identifier
2010–CE–038–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective August 12, 2010.
Affected ADs
(b) This AD supersedes AD 2009–23–11;
Amendment 39–16085.
Applicability
(c) This AD applies to the following
´
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–500 airplanes, all
serial numbers, certificated in any category:
(i) Group 1 Airplanes (retains the actions
and applicability from AD 2009–23–11):
Airplanes for which service bulletin (SB)
500–27–0003 has not been accomplished or
that do not have an equivalent modification
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43051
that was incorporated in the production line;
and
(ii) Group 2 Airplanes: Airplanes for which
SB 500–27–0003 has been accomplished or
have an equivalent modification that was
incorporated in the production line.
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) Group 1 Airplanes: unless already done,
before further flight after December 2, 2009
(the effective date retained from AD 2009–
23–11), 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
AFM section 4–08, Abnormal Procedures,
with Figure 1:
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(2) Revise the AFM by replacing the DC
BUS 1 OFF procedure in AFM section 4–08,
Abnormal Procedures, with Figure 2:
Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations
(3) Revise the AFM by replacing the
EMERGENCY BUS OFF procedure in AFM
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section 4–08, Abnormal Procedures, with
Figure 3:
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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.
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(1) Revise the AFM by replacing the
ELECTRICAL EMERGENCY procedures in
AFM section 4–08, Abnormal Procedures,
with Figure 4:
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(g) Group 2 Airplanes: Unless already
done, before further flight after August 12,
2010 (the effective date of this AD),
incorporate into the AFM the following
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15:09 Jul 22, 2010
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(2) Revise the AFM by replacing the DC
BUS 1 OFF procedure in AFM section 4–08,
Abnormal Procedures, with Figure 5:
Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations
(3) Revise the AFM by replacing the
EMERGENCY BUS OFF procedure in AFM
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section 4–08, Abnormal Procedures, with
Figure 6:
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Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
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Other FAA AD Provisions
(h) 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
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15:09 Jul 22, 2010
Jkt 220001
(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
(i) Refer to MCAI ANAC, AD No.: 2009–
10–01R2, dated July 28, 2010, for related
information.
Issued in Kansas City, Missouri, on July 16,
2010.
Kim Smith,
Manager, Small Airplane Directorate,
Aircraft Certification Service.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 38 and 40
[Docket Nos. RM08–19–003, RM05–5–019;
Order No. 729–B]
Mandatory Reliability Standards for the
Calculation of Available Transfer
Capability, Capacity Benefit Margins,
Transmission Reliability Margins, Total
Transfer Capability, and Existing
Transmission Commitments;
Mandatory Reliability Standards for the
Bulk-Power System; and Standards for
Business Practices and
Communications Protocols for Public
Utilities
[FR Doc. 2010–18015 Filed 7–22–10; 8:45 am]
July 15, 2010.
BILLING CODE 4910–13–P
AGENCY:
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Federal Energy Regulatory
Commission.
ACTION: Order on Rehearing and
Reconsideration.
Sfmt 4700
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FAA AD Differences
43059
]]>Agencies
[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Rules and Regulations]
[Pages 43049-43059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18015]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0733; Directorate Identifier 2010-CE-038-AD;
Amendment 39-16375; AD 2010-15-09]
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 that will supersede an existing AD. 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:
[[Page 43050]]
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 August 12, 2010.
We must receive comments on this AD by September 7, 2010.
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,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.
SUPPLEMENTARY INFORMATION:
Discussion
On November 2, 2009, we issued AD 2009-23-11, Amendment 39-16085
(74 FR 58195; November 12, 2009). That AD required actions intended to
address an unsafe condition on the products listed above.
Since we issued AD 2009-23-11, Empresa Brasileira de
Aeron[aacute]utica S.A. (EMBRAER) has issued service bulletin 500-27-
0003, dated May 18, 2010. The service bulletin changes flap position 3
from 36 degrees to 26 degrees. The service bulletin also changes flap
position 3 Vref airspeeds and landing distance correction
factors. Consequently, accomplishing the service bulletin necessitates
changes to the Abnormal Procedures section of the FAA-approved airplane
flight manual (AFM). The AFM changes were not included as part of the
service bulletin.
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-
01R2, dated July 28, 2010 (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 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 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-2010-0733; Directorate
Identifier 2010-CE-038-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
[[Page 43051]]
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 removing Amendment 39-16085 (74 FR
58195; November 12, 2009), and adding the following new AD:
2010-15-09 Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER):
Amendment 39-16375; Docket No. FAA-2010-0733; Directorate Identifier
2010-CE-038-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective August
12, 2010.
Affected ADs
(b) This AD supersedes AD 2009-23-11; Amendment 39-16085.
Applicability
(c) This AD applies to the following Empresa Brasileira de
Aeron[aacute]utica S.A. (EMBRAER) Model EMB-500 airplanes, all
serial numbers, certificated in any category:
(i) Group 1 Airplanes (retains the actions and applicability
from AD 2009-23-11): Airplanes for which service bulletin (SB) 500-
27-0003 has not been accomplished or that do not have an equivalent
modification that was incorporated in the production line; and
(ii) Group 2 Airplanes: Airplanes for which SB 500-27-0003 has
been accomplished or have an equivalent modification that was
incorporated in the production line.
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) Group 1 Airplanes: unless already done, before further
flight after December 2, 2009 (the effective date retained from AD
2009-23-11), 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 AFM section 4-08, Abnormal Procedures, with Figure 1:
[[Page 43052]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.049
[[Page 43053]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.050
(2) Revise the AFM by replacing the DC BUS 1 OFF procedure in
AFM section 4-08, Abnormal Procedures, with Figure 2:
[[Page 43054]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.051
(3) Revise the AFM by replacing the EMERGENCY BUS OFF procedure
in AFM section 4-08, Abnormal Procedures, with Figure 3:
[[Page 43055]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.052
(g) Group 2 Airplanes: Unless already done, before further
flight after August 12, 2010 (the effective date of this AD),
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 AFM section 4-08, Abnormal Procedures, with Figure 4:
[[Page 43056]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.053
[[Page 43057]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.054
(2) Revise the AFM by replacing the DC BUS 1 OFF procedure in
AFM section 4-08, Abnormal Procedures, with Figure 5:
[[Page 43058]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.055
(3) Revise the AFM by replacing the EMERGENCY BUS OFF procedure
in AFM section 4-08, Abnormal Procedures, with Figure 6:
[[Page 43059]]
[GRAPHIC] [TIFF OMITTED] TR23JY10.056
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(h) 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
(i) Refer to MCAI ANAC, AD No.: 2009-10-01R2, dated July 28,
2010, for related information.
Issued in Kansas City, Missouri, on July 16, 2010.
Kim Smith,
Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010-18015 Filed 7-22-10; 8:45 am]
BILLING CODE 4910-13-P
