52220 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

TABLE 2—MATERIAL INCORPORATED BY REFERENCE—Continued 

Document Date 

Airbus Service Bulletin A340–27–4160 ....................................................................................................................................... November 6, 2009. 

Issued in Renton, Washington on August 

10, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–21152 Filed 8–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0088 Directorate 

Identifier 2010–CE–072–AD; Amendment 

39–16779; AD 2011–17–15] 

RIN 2120–AA64 

Airworthiness Directives; Embraer— 

Empresa Brasileira de Aeronautica 

S.A. (EMBRAER) Model EMB–500 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final Rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

It has been found that moisture may 

accumulate and freeze, under certain 

conditions, in the gap between the AOA vane 

base assembly and the stationary ring of the 

sensor’s body. If freezing occurs both AOA 

sensors may get stuck and the Stall Warning 

Protection System (SWPS) will be no longer 

effective without alerting. This may result in 

inadvertent aerodynamic stall and loss of 

controllability of the airplane. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

September 26, 2011. 

On September 26, 2011, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

For service information identified in 

this AD, contact EMBRAER Empresa 

Brasileira de Aerona ́utica S.A., Phenom 

Maintenance Support, Av. Brig. Farina 

Lima, 2170, Sao Jose dos Campos—SP, 

CEP: 12227–901—PO Box: 36/2, 

BRASIL; telephone: ++55 12 3927–5383; 

fax: ++55 12 3927–2619; e-mail: 

phenom.reliability@ embraer.com.br; 

Internet: http://www.embraer.com.br. 

You may review copies of the 

referenced service information at the 

FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. 

For information on the availability of 

this material at the FAA, call (816) 329– 

4148. 

FOR FURTHER INFORMATION CONTACT: Jim 

Rutherford, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 

329–4090; e-mail: 

jim.rutherford@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on May 10, 2011 (76 FR 26959). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found that moisture may 

accumulate and freeze, under certain 

conditions, in the gap between the AOA vane 

base assembly and the stationary ring of the 

sensor’s body. If freezing occurs both AOA 

sensors may get stuck and the Stall Warning 

Protection System (SWPS) will be no longer 

effective without alerting. This may result in 

inadvertent aerodynamic stall and loss of 

controllability of the airplane. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

101 products of U.S. registry. 

We estimate that 85 products of U.S. 

registry will require the modification 

and that it will take about 9.5 workhours per product to comply with the 

modification requirements of this AD. 

The average labor rate is $85 per workhour. Required parts will cost about 

$1,550 per product. 

Based on these figures, we estimate 

the cost of the modification requirement 

of this AD on U.S. operators to be 

$200,387.50, or $2,357.50 per product. 

We estimate that 101 products of U.S. 

registry will require an inspection for 

sealant application. We estimate it will 

take .5 hour to comply with the 

inspection requirements of this AD. 

Based on these figures, we estimate 

the cost of the inspection for the sealant 

application requirement of this AD on 

U.S. operators to be $4,292.50, or $42.50 

per product. 

In addition, we estimate that any 

necessary follow-on actions will take 

about 1.5 work-hours and require parts 

costing $50, for a cost of $177.50 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52221 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

(2) Is not a ‘‘significant rule’’ under 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this AD and placed it in the AD Docket. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains the NPRM, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone (800) 647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 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: 

2011–17–15 Embraer—Empresa Brasileira 

de Aeronautica S.A.: Amendment 39– 

16779; Docket No. FAA–2011–0088; 

Directorate Identifier 2010–CE–072–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 26, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the following 

airplanes, certificated in any category: 

(1) Group I airplanes: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) EMB–500 airplanes, serial 

numbers 50000005 through 50000119, 

50000121 through 50000130, 50000132 

through 50000134, 50000136, 50000137, 

50000139, 50000141 through 50000158, 

50000160 through 50000162, 50000164, 

50000165, 50000167 through 50000175, 

50000177, and 50000178, that are equipped 

with Angle of Attack (AOA) sensors, part 

number (P/N) C–100117–2 and cover plates 

P/N 500–01702–401 and/or P/N 500–01702– 

402. 

(2) Group II airplanes: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) EMB–500 airplanes, serial 

numbers 50000005 through 50000217, 

50000219 through 50000221, and 50000226. 

Note 1: In-production effectivity—Empresa 

Brasileira de Aeronautica S.A. (EMBRAER) 

EMB–500 airplanes, serial numbers 

500000218, 50000222 through 50000225, 

50000227, and on, have incorporated the 

actions of this AD at the factory and are not 

included in the applicability of this AD. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found that moisture may 

accumulate and freeze, under certain 

conditions, in the gap between the AOA vane 

base assembly and the stationary ring of the 

sensor’s body. If freezing occurs both AOA 

sensors may get stuck and the Stall Warning 

Protection System (SWPS) will be no longer 

effective without alerting. This may result in 

inadvertent aerodynamic stall and loss of 

controllability of the airplane. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The MCAI requires replacement of both 

Angle of Attack (AOA) sensors and cover 

plates, inspection of the sensor area, and, if 

needed, application of sealant between the 

AOA covers and the AOA sensors. 

Actions and Compliance 

(f) Unless already done, do the following 

actions: 

(1) For group I airplanes: Within 300 hours 

time-in-service (TIS) after the effective date 

of this AD or within 12 months after the 

effective date of this AD, whichever comes 

first, do the following actions following part 

I of PHENOM Service Bulletin SB No.: 500– 

27–0006, Revision No.: 02, dated January 14, 

2011: 

(i) Replace the left hand (LH) and the right 

hand (RH) AOA sensors P/N C–100117–2 

with LH and RH AOA sensors P/N C– 

100117–3. 

(ii) Replace the LH cover plate P/N 500– 

01702–401 and the RH cover plate P/N 500– 

01702–402 with LH cover plate P/N 500– 

01702–403 and RH cover plate P/N 500– 

01702–404. 

(iii) If, before the effective date of this AD, 

the replacement actions required in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD 

have already been done following PHENOM 

Service Bulletin SB No.: 500–27–0006, dated 

September 2, 2010, and/or PHENOM Service 

Bulletin SB No.: 500–27–0006, Revision No.: 

01, dated November 29, 2010, we will allow 

‘‘unless already done’’ credit for corrective 

actions already done. 

(2) For group I and group II airplanes: 

Within 300 hours TIS after the effective date 

of this AD or within 12 months after the 

effective date of this AD, whichever comes 

first, inspect the interface between the AOA 

covers and the AOA sensors, and, if the 

sealant is missing, clean the areas and apply 

new sealant following part II of PHENOM 

Service Bulletin SB No.: 500–27–0006, 

Revision No.: 02, dated January 14, 2011. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards Office, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. Send information to 

ATTN: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; fax: (816) 329– 

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52222 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

4090; e-mail: jim.rutherford@faa.gov. Before 

using any approved AMOC on any airplane 

to which the AMOC applies, notify your 

appropriate principal inspector (PI) in the 

FAA Flight Standards District Office (FSDO), 

or lacking a PI, your local FSDO. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, a Federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave. SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(h) Refer to AGEˆNCIA NACIONAL DE 

AVIAC ̧A ̃ O CIVIL—BRAZIL (ANAC), NPR/AD 

2011–500–02, dated March 31, 2011; MCAI 

AGEˆNCIA NACIONAL DE AVIAC ̧A ̃ O 

CIVIL—BRAZIL (ANAC), AD No.: 2010–11– 

01, dated December 20, 2010; and PHENOM 

Service Bulletin SB No.: 500–27–0006, 

Revision No.: 02, dated January 14, 2011; for 

related information. 

Material Incorporated by Reference 

(i) You must use PHENOM Service Bulletin 

SB No.: 500–27–0006, Revision No.: 02, 

dated January 14, 2011, to do the actions 

required by this AD, unless the AD specifies 

otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact EMBRAER Empresa 

Brasileira de Aerona ́utica S.A., Phenom 

Maintenance Support, Av. Brig. Farina Lima, 

2170, Sao Jose dos Campos–SP, CEP: 12227– 

901—P.O. Box: 36/2, BRASIL; telephone: 

++55 12 3927–5383; fax: ++55 12 3927–2619; 

e-mail: phenom.reliability@embraer.com.br; 

Internet: http://www.embraer.com.br. 

(3) You may review copies of the 

referenced service information at the FAA, 

Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, or go 

to: http://www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Kansas City, Missouri on August 

9, 2011. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2011–20775 Filed 8–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0515; Directorate 

Identifier 2009–NM–196–AD; Amendment 

39–16776; AD 2011–17–12] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2C10 (Regional Jet 

Series 700, 701 & 702), Model CL–600– 

2D15 (Regional Jet Series 705), and 

Model CL–600–2D24 (Regional Jet 

Series 900) 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) 

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: 

Several cases have been reported of cracks 

in the joint extrusions securing the outer 

bondment to the acoustic panel of the nacelle 

transcowl assemblies. Although there is no 

effect on flight safety (thrust reverser 

stowed), thrust reverser deployment under 

rejected take-off or emergency landing load 

conditions could potentially result in 

acoustic panel failure and possible runway 

debris. 

* * * * * 

The loss of an acoustic panel during 

rejected take-off or emergency landing 

load conditions could leave debris on 

the runway. This debris, if not removed, 

creates an unsafe condition for other 

airplanes during take-off or landing, as 

those airplanes could impact debris on 

the runway and sustain damage. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective 

September 26, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of September 26, 2011. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Craig Yates, Aerospace Engineer, 

Airframe and Mechanical Systems 

Branch, ANE–171, FAA, New York 

Aircraft Certification Office, 1600 

Stewart Avenue, Suite 410, Westbury, 

New York 11590; telephone (516) 228– 

7355; fax (516) 794–5531. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a supplemental notice of 

proposed rulemaking (NPRM) to amend 

14 CFR part 39 to include an AD that 

would apply to the specified products. 

That supplemental NPRM was 

published in the Federal Register on 

April 6, 2011 (76 FR 18957). That 

supplemental NPRM proposed to 

correct an unsafe condition for the 

specified products. The MCAI states: 

Several cases have been reported of cracks 

in the joint extrusions securing the outer 

bondment to the acoustic panel of the nacelle 

transcowl assemblies. Although there is no 

effect on flight safety (thrust reverser 

stowed), thrust reverser deployment under 

rejected take-off or emergency landing load 

conditions could potentially result in 

acoustic panel failure and possible runway 

debris. 

This [Canadian] directive mandates 

inspection, repair (if necessary) and 

reinforcement of the transcowl assemblies. 

The loss of an acoustic panel during 

rejected take-off or emergency landing 

load conditions could leave debris on 

the runway. This debris, if not removed, 

creates an unsafe condition for other 

airplanes during take-off or landing, as 

those airplanes could impact debris on 

the runway and sustain damage. The 

inspection is a detailed visual 

inspection of the outboard edge of the 

transcowl joint extrusion for evidence of 

cracking. The repair consists of doing an 

eddy current or liquid penetrant 

inspection for cracking, and depending 

on the results, either removing the 

affected joint extrusion area and 

replacing with packers, or contacting 

Bombardier for repair instructions and 

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