Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-500 Airplanes, 45558-45560 [2010-19019]
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45558
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules
County, which is in the Dallas wage
area. Although a standard review of
regulatory criteria shows that the
proximity criterion favors defining
Angelina County to the Rapides wage
area, we believe the organizational
relationship between the Charles Wilson
VA Outpatient Clinic and its parent
facility, the Michael E. DeBakey VA
Medical Center, supports defining
Angelina County to the Dallas wage
area. An additional factor to consider is
the relative proximity of the Medical
Center to the Outpatient Clinic. There is
a distance of only 128 miles (206 km)
separating the two facilities. The
distance from the Outpatient Clinic to
the host activity in the Rapides wage
area is 126 miles (203 km). The
difference between these distances is
only 2 miles. Based on our analysis of
the organizational relationship and
geographic proximity of the Medical
Center and its Outpatient Clinic, OPM
proposes to define Angelina County to
the Dallas NAF wage area.
The proposed Dallas NAF wage area
would consist of one survey county,
Dallas County, TX, and four area of
application counties: Angelina, Fannin,
Galveston, and Harris Counties, TX.
Appendix B to Subpart B of Part 532—
[Amended]
2. Appendix B to subpart B is
amended by removing, under the State
of California, the entry for ‘‘Santa Clara.’’
3. Appendix D to subpart B is
amended by revising the wage area
listing for the Oklahoma, OK, and
Dallas, TX, NAF wage areas to read as
follows:
Appendix D to Subpart B of Part 532—
Nonappropriated Fund Wage and
Survey Areas
*
*
*
OKLAHOMA
*
*
*
Oklahoma
Survey Area
Oklahoma:
Oklahoma
Area of Application. Survey
area plus:
Oklahoma:
Garfield
Muskogee
Pittsburg
Tulsa
Santa Clara, CA
On March 9, 2009, we published a
final rule (74 FR 9951) that abolished
the Santa Clara, CA, NAF FWS wage
area. Therefore, ‘‘Santa Clara’’ should be
removed under the State of California in
Appendix B to subpart B of part 532—
Nationwide Schedule of
Nonappropriated Fund Regular Wage
Schedules.
*
*
*
*
*
*
TEXAS
*
*
*
*
*
Dallas
Survey Area
Regulatory Flexibility Act
I certify that these regulations would
not have a significant economic impact
on a substantial number of small entities
because they would affect only Federal
agencies and employees.
Texas:
Dallas
Area of Application. Survey
area plus:
Texas:
Angelina
Fannin
Galveston
Harris
List of Subjects in 5 CFR Part 532
Administrative practice and
procedure, Freedom of information,
Government employees, Reporting and
recordkeeping requirements, Wages.
*
*
*
*
*
[FR Doc. 2010–18903 Filed 8–2–10; 8:45 am]
U.S. Office of Personnel Management.
John Berry,
Director.
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*
BILLING CODE 6325–39–P
Accordingly, the U.S. Office of
Personnel Management proposes to
amend 5 CFR part 532 as follows:
PART 532—PREVAILING RATE
SYSTEMS
1. The authority citation for part 532
continues to read as follows:
Authority: 5 U.S.C. 5343, 5346; § 532.707
also issued under 5 U.S.C. 552.
VerDate Mar<15>2010
13:05 Aug 02, 2010
Jkt 220001
PO 00000
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Fmt 4702
Sfmt 4702
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0754; Directorate
Identifier 2010–CE–039–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–500 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
SUMMARY:
It has been found that certain regions of the
elevators, elevators trim tabs, and ailerons do
not present drain holes to avoid water
accumulation inside of these flight control
surfaces. Internal water accumulation may
lead to flight control surfaces unbalancing
possibly reducing the flutter margins, which
could result in loss of airplane control.
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 proposed AD would require actions
that are intended to address the unsafe
condition described in the MCAI.
DATES: We must receive comments on
this proposed AD by September 17,
2010.
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.
ADDRESSES:
E:\FR\FM\03AUP1.SGM
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Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules
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 proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone (800) 647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: 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:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2010–0754; Directorate Identifier
2010–CE–039–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to 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 proposed AD.
erowe on DSK5CLS3C1PROD with PROPOSALS3
Discussion
ˆ
The AGENCIA NACIONAL DE
AVIACAO CIVIL—BRAZIL, which is
¸˜
the aviation authority for Brazil, has
issued AD No.: 2010–07–01, dated
August 9, 2010 (referred to after this as
‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
It has been found that certain regions of the
elevators, elevators trim tabs, and ailerons do
not present drain holes to avoid water
accumulation inside of these flight control
surfaces. Internal water accumulation may
lead to flight control surfaces unbalancing
possibly reducing the flutter margins, which
could result in loss of airplane control.
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.
VerDate Mar<15>2010
13:05 Aug 02, 2010
Jkt 220001
The MCAI requires you to drill new
drain holes in the elevators, elevators
trim tabs, and ailerons surfaces. You
may obtain further information by
examining the MCAI in the AD docket.
Relevant Service Information
´
Empresa Brasileira de Aeronautica
S.A. (EMBRAER) has issued Service
Bulletin 500–57–0001, dated April 28,
2010. The actions described in this
service information are intended to
correct the unsafe condition identified
in the MCAI.
FAA’s Determination and Requirements
of the Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with this State of
Design Authority, they have notified us
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all
information and determined the unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This Proposed AD
and the MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a Note within the
proposed AD.
We estimate that this proposed AD
will affect 78 products of U.S. registry.
We also estimate that it would take
about 18 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $128 per
product.
Based on these figures, we estimate
the cost of the proposed AD on U.S.
operators to be $129,324, or $1,658 per
product.
Frm 00003
Fmt 4702
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this proposed AD
would not have federalism implications
under Executive Order 13132. This
proposed AD would not have a
substantial direct effect on the States, on
the relationship between the national
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Costs of Compliance
PO 00000
45559
Sfmt 4702
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
E:\FR\FM\03AUP1.SGM
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45560
Federal Register / Vol. 75, No. 148 / Tuesday, August 3, 2010 / Proposed Rules
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2010–
0754; Directorate Identifier 2010–CE–
039–AD.
Comments Due Date
(a) We must receive comments by
September 17, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model EMB–500
airplanes, serial numbers 50000005 through
50000134, 50000136, 50000137, and
50000139 through 50000165, 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:
It has been found that certain regions of the
elevators, elevators trim tabs, and ailerons do
not present drain holes to avoid water
accumulation inside of these flight control
surfaces. Internal water accumulation may
lead to flight control surfaces unbalancing
possibly reducing the flutter margins, which
could result in loss of airplane control.
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 you to drill new drain
holes in the elevators, elevators trim tabs,
and ailerons surfaces. You may obtain further
information by examining the MCAI in the
AD docket.
Actions and Compliance
(f) Unless already done, within the next 24
calendar months after the effective date of
this AD, rework the elevators, elevators trim
tabs, and ailerons surfaces by drilling
additional drain holes in them following
´
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Service Bulletin 500–57–0001,
dated April 28, 2010.
FAA AD Differences
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Note: This AD differs from the MCAI
and/or service information as follows: No
differences.
13:05 Aug 02, 2010
Jkt 220001
Related Information
ˆ
(h) Refer to MCAI AGENCIA NACIONAL
DE AVIACAO CIVIL—BRAZIL (ANAC), AD
¸˜
No.: 2010–07–01, dated August 9, 2010; and
´
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Service Bulletin 500–57–0001,
dated April 28, 2010, for related information.
Issued in Kansas City, Missouri, on July 26,
2010.
Christina L. Marsh,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–19019 Filed 8–2–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0755; Directorate
Identifier 2010–NE–12–AD]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
plc (RR) RB211–Trent 800 Series
Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
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:
SUMMARY:
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
VerDate Mar<15>2010
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.
Revision of the Critical Part lives has been
necessary due to actual operational flight
PO 00000
Frm 00004
Fmt 4702
Sfmt 4702
profiles not conforming to those assumed at
entry into service and is associated with a
revised Flight Profile Monitoring
methodology (originally based on engine
thrust rating but now based on operating
shaft speeds) introduced by Rolls-Royce.
The new Flight Profile Monitoring
methodology allows for seven new profiles
replacing the previous three. Six of these
profiles, A to F, are intended to cover the
requirements of most operators. The Declared
Life (in Standard Duty Cycles) is published
for each part and life usage may be accounted
by factoring the number of flights flown. The
factor to be used is defined according to the
Flight Profile which is applicable to the fleet.
The seventh profile, called ‘‘Heavy’’, will be
applicable to fleets operating outside profiles
A to F. A separate Declared Life (in Flight
Cycles) is published for each part and life
usage is accounted without factoring.
We are proposing this AD to prevent
failure of critical rotating parts from
exceeding the new, lower life limits,
which could result in uncontained
failure of the engine and damage to the
airplane.
DATES: We must receive comments on
this proposed AD by September 17,
2010.
You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: (202) 493–2251.
Contact Rolls-Royce plc, P.O. Box 31,
Derby, DE24 8BJ, United Kingdom:
Telephone 44 (0) 1332 242424; fax 44
(0) 1332 249936, for the service
information identified in this proposed
AD.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is the
same as the Mail address provided in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
E:\FR\FM\03AUP1.SGM
03AUP1
]]>Agencies
[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Proposed Rules]
[Pages 45558-45560]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19019]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0754; Directorate Identifier 2010-CE-039-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-500 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:
It has been found that certain regions of the elevators,
elevators trim tabs, and ailerons do not present drain holes to
avoid water accumulation inside of these flight control surfaces.
Internal water accumulation may lead to flight control surfaces
unbalancing possibly reducing the flutter margins, which could
result in loss of airplane control.
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 proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by September 17,
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.
[[Page 45559]]
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 proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone (800) 647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: 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:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2010-0754;
Directorate Identifier 2010-CE-039-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to 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 proposed AD.
Discussion
The AG[Ecirc]NCIA NACIONAL DE AVIA[Ccedil][Atilde]O CIVIL--BRAZIL,
which is the aviation authority for Brazil, has issued AD No.: 2010-07-
01, dated August 9, 2010 (referred to after this as ``the MCAI''), to
correct an unsafe condition for the specified products. The MCAI
states:
It has been found that certain regions of the elevators,
elevators trim tabs, and ailerons do not present drain holes to
avoid water accumulation inside of these flight control surfaces.
Internal water accumulation may lead to flight control surfaces
unbalancing possibly reducing the flutter margins, which could
result in loss of airplane control.
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 you to drill new drain holes in the elevators,
elevators trim tabs, and ailerons surfaces. You may obtain further
information by examining the MCAI in the AD docket.
Relevant Service Information
Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER) has issued
Service Bulletin 500-57-0001, dated April 28, 2010. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.
FAA's Determination and Requirements of the Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.
Differences Between This Proposed AD and the MCAI or Service
Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
We estimate that this proposed AD will affect 78 products of U.S.
registry. We also estimate that it would take about 18 work-hours per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour. Required parts would cost
about $128 per product.
Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $129,324, or $1,658 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
[[Page 45560]]
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2010-0754; Directorate Identifier 2010-CE-039-AD.
Comments Due Date
(a) We must receive comments by September 17, 2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Model EMB-500 airplanes, serial numbers
50000005 through 50000134, 50000136, 50000137, and 50000139 through
50000165, 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:
It has been found that certain regions of the elevators,
elevators trim tabs, and ailerons do not present drain holes to
avoid water accumulation inside of these flight control surfaces.
Internal water accumulation may lead to flight control surfaces
unbalancing possibly reducing the flutter margins, which could
result in loss of airplane control.
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 you to drill new drain holes in the elevators,
elevators trim tabs, and ailerons surfaces. You may obtain further
information by examining the MCAI in the AD docket.
Actions and Compliance
(f) Unless already done, within the next 24 calendar months
after the effective date of this AD, rework the elevators, elevators
trim tabs, and ailerons surfaces by drilling additional drain holes
in them following Empresa Brasileira de Aeron[aacute]utica S.A.
(EMBRAER) Service Bulletin 500-57-0001, dated April 28, 2010.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No differences.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329-4146; fax: (816) 329-4090.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.
Related Information
(h) Refer to MCAI AG[Ecirc]NCIA NACIONAL DE
AVIA[Ccedil][Atilde]O CIVIL--BRAZIL (ANAC), AD No.: 2010-07-01,
dated August 9, 2010; and Empresa Brasileira de Aeron[aacute]utica
S.A. (EMBRAER) Service Bulletin 500-57-0001, dated April 28, 2010,
for related information.
Issued in Kansas City, Missouri, on July 26, 2010.
Christina L. Marsh,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-19019 Filed 8-2-10; 8:45 am]
BILLING CODE 4910-13-P
