Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-500 Airplanes, 63048-63050 [2010-25283]
Download as PDF
63048
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations
TABLE 1—COMPLIANCE TIMES FOR REPEAT INSPECTIONS—Continued
If the location has—
Then repeat the inspection—
A tension bolt that was replaced as required by paragraph (j) of this AD
Within 4,000 flight cycles or 24 months, whichever occurs earlier after
doing the replacement.
Within 4,000 flight cycles or 24 months, whichever occurs earlier after
doing the repair specified in paragraph (j) of this AD.
A tension bolt that was not replaced and any defects were repaired as
required by paragraph (j) of this AD.
FAA AD Differences
Note 1: This AD differs from the MCAI
and/or service information as follows:
Although BAE SYSTEMS (OPERATIONS)
LIMITED Service Bulletin ISB.57–033,
Revision 9, dated October 10, 2006, allows
additional time to rectify the defect for the
corrective action depending on the condition,
this AD requires rectifying the defect before
further flight.
emcdonald on DSK2BSOYB1PROD with RULES
Other FAA AD Provisions
(l) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, 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: Todd Thompson,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1175; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
The AMOC approval letter must specifically
reference this AD.
(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
(m) Refer to MCAI European Aviation
Safety Agency Airworthiness Directive 2007–
0270 R1, dated November 7, 2007; and BAE
SYSTEMS (OPERATIONS) LIMITED
Inspection Service Bulletin ISB.57–033,
Revision 9, dated October 10, 2006; for
related information.
Material Incorporated by Reference
(n) You must use BAE SYSTEMS
(OPERATIONS) LIMITED Inspection Service
Bulletin ISB.57–033, Revision 9, dated
VerDate Mar<15>2010
16:06 Oct 13, 2010
Jkt 223001
October 10, 2006; to do the actions required
by this AD, unless the AD specifies
otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact BAE SYSTEMS
(OPERATIONS) LIMITED, Customer
Information Department, Prestwick
International Airport, Ayrshire, KA9 2RW,
Scotland, United Kingdom; telephone +44
1292 675207; fax +44 1292 675704; e-mail
RApublications@baesystems.com; Internet
https://www.baesystems.com/Businesses/
RegionalAircraft/index.htm.
(3) You may review copies of the service
information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the
availability of this material at the FAA, call
425–227–1221.
(4) You may also review copies of the
service information that is incorporated by
reference at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on
September 29, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–25469 Filed 10–13–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0754 Directorate
Identifier 2010–CE–039–AD; Amendment
39–16475; AD 2010–21–15]
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
It has been found that 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.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
November 18, 2010.
On November 18, 2010, the Director
of the Federal Register approved the
incorporation by reference of certain
publications listed in this AD.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590.
FOR 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:
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on August 3, 2010 (75 FR
45558). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
We are adopting a new
airworthiness directive (AD) for the
It has been found that certain regions of the
elevators, elevators trim tabs, and ailerons do
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–500 Airplanes
AGENCY:
SUMMARY:
PO 00000
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14OCR1
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations
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.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
as proposed.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow FAA policies.
Any such differences are highlighted in
a NOTE within the AD.
Costs of Compliance
emcdonald on DSK2BSOYB1PROD with RULES
We estimate that this AD will affect
78 products of U.S. registry. We also
estimate that it will take about 18 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $85 per work-hour.
Required parts will cost about $128 per
product.
Based on these figures, we estimate
the cost of this AD to the 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
VerDate Mar<15>2010
16:06 Oct 13, 2010
Jkt 223001
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We determined that this AD will not
have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
the States, on the relationship between
the national government and the States,
or on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket on
the Internet at 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 the NPRM, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone (800) 647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
■
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63049
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:
■
2010–21–15 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–16475; Docket No.
FAA–2010–0754; Directorate Identifier
2010–CE–039–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective November 18, 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.
Actions and Compliance
(f) Unless already done, within the next 24
calendar months after November 18, 2010
(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
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:
E:\FR\FM\14OCR1.SGM
14OCR1
63050
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations
(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.
emcdonald on DSK2BSOYB1PROD with RULES
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.
Material Incorporated by Reference
(i) You must use Empresa Brasileira de
´
Aeronautica S.A. (EMBRAER) Service
Bulletin 500–57–0001, dated April 28, 2010,
to do the actions required by this AD, unless
the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact EMBRAER Empresa
´
Brasileira de Aeronautica S.A., Phenom
Maintenance Support, Av. Brig. Farina Lima,
2170, Sao Jose dos Campos—SP, CEP: 12227–
901—PO Box: 38/2, BRASIL, telephone: ++55
12 3927–5383; fax: ++55 12 3927–2610;
E-mail: reliability.executive@embraer.com.br;
Internet: https://www.embraer.com.br.
(3) You may review copies of the service
information incorporated by reference for
this AD at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas
City, Missouri 64106. For information on the
availability of this material at the Central
Region, call (816) 329–3768.
(4) You may also review copies of the
service information incorporated by reference
for this AD at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call (202) 741–6030, or go
to: https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
VerDate Mar<15>2010
16:06 Oct 13, 2010
Jkt 223001
Issued in Kansas City, Missouri, on
September 30, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–25283 Filed 10–13–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0969; Directorate
Identifier 2009–SW–62–AD; Amendment 39–
16461; AD 2010–21–01]
RIN 2120–AA64
Airworthiness Directives; Eurocopter
France (Eurocopter) Model AS350B,
BA, B1, B2, B3, D, AS355E, F, F1, F2,
and N Helicopters
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
specified Eurocopter model helicopters.
This AD results from a mandatory
continuing airworthiness information
(MCAI) AD issued by the European
Aviation Safety Agency (EASA), which
is the Technical Agent for the Member
States of the European Community. The
MCAI AD states that the AD is issued
following a report of a crack discovered
in the area of the center cross-member
at station X 2325, at the attachment
point of the yaw channel ball-type
control sheath stop, of a Model AS355N
helicopter fitted with the collective-toyaw control coupling. Investigations
revealed that the helicopter did not have
the structural doublers, which are
combined with the collective-to-yaw
control coupling installation. Repetitive
loads on the non-modified crossmember may cause it to crack. A crack
can reduce the yaw control travel. This
AD requires actions that are intended to
prevent reduced yaw control and
subsequent loss of control of the
helicopter.
SUMMARY:
This AD becomes effective on
October 29, 2010.
The incorporation by reference of
certain publications is approved by the
Director of the Federal Register as of
October 29, 2010.
We must receive comments on this
AD by December 13, 2010.
ADDRESSES: You may send comments by
any of the following methods:
DATES:
PO 00000
Frm 00012
Fmt 4700
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• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting your
comments electronically.
• 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 get the service information
identified in this AD from American
Eurocopter Corporation, 2701 Forum
Drive, Grand Prairie, Texas 75053–4005,
telephone (800) 232–0323, fax (972)
641–3510.
Examining the 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 AD, the
economic evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone (800) 647–5527) is
stated in the ADDRESSES section of this
AD. Comments will be available in the
AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Gary
Roach, Aviation Safety Engineer, FAA,
Rotorcraft Directorate, Regulations and
Policy Group, 2601 Meacham Blvd.,
Fort Worth, Texas 76137, telephone
(817) 222–5130, fax (817) 222–5961.
SUPPLEMENTARY INFORMATION:
Discussion
EASA, which is the Technical Agent
for the Member States of the European
Community, has issued Emergency AD
No. 2007–0139–E, dated May 15, 2007
(corrected May 23, 2007), to correct an
unsafe condition for these Frenchcertificated helicopters. The MCAI AD
states that the AD is issued following
one report of a crack discovered in the
area of the center cross-member at
station X 2325, at the attachment point
of the yaw channel ball-type control
sheath stop, of an AS355N helicopter
with the collective-to-yaw control
coupling. Investigations revealed that
the helicopter did not have the
structural doublers, which are combined
with the collective-to-yaw control
coupling installation. Repetitive loads
on the non-modified cross-member may
cause it to crack. A crack can reduce the
yaw control travel.
E:\FR\FM\14OCR1.SGM
14OCR1
Agencies
[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Rules and Regulations]
[Pages 63048-63050]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25283]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2010-0754 Directorate Identifier 2010-CE-039-AD;
Amendment 39-16475; AD 2010-21-15]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:
It has been found that 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.
We are issuing this AD to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective November 18, 2010.
On November 18, 2010, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
ADDRESSES: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.
FOR 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
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on August 3, 2010 (75
FR 45558). That NPRM proposed 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
[[Page 63049]]
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.
Comments
We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 78 products of U.S. registry.
We also estimate that it will take about 18 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $128 per product.
Based on these figures, we estimate the cost of this AD to the 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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
For the reasons discussed above, I certify this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.
Examining the AD Docket
You may examine the AD docket on the Internet at 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 the NPRM, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Office (telephone (800) 647-5527) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
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:
2010-21-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16475; Docket No. FAA-2010-0754; Directorate Identifier
2010-CE-039-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective November
18, 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.
Actions and Compliance
(f) Unless already done, within the next 24 calendar months
after November 18, 2010 (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:
[[Page 63050]]
(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.
Material Incorporated by Reference
(i) You must use Empresa Brasileira de Aeron[aacute]utica S.A.
(EMBRAER) Service Bulletin 500-57-0001, dated April 28, 2010, to do
the actions required by this AD, unless the AD specifies otherwise.
(1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
(2) For service information identified in this AD, contact
EMBRAER Empresa Brasileira de Aeron[aacute]utica S.A., Phenom
Maintenance Support, Av. Brig. Farina Lima, 2170, Sao Jose dos
Campos--SP, CEP: 12227-901--PO Box: 38/2, BRASIL, telephone: ++55 12
3927-5383; fax: ++55 12 3927-2610; E-mail:
reliability.executive@embraer.com.br; Internet: https://www.embraer.com.br.
(3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call (816) 329-3768.
(4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
Issued in Kansas City, Missouri, on September 30, 2010.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-25283 Filed 10-13-10; 8:45 am]
BILLING CODE 4910-13-P