5298 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies or 

3. Accessing the Government Printing 

Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue, SW., Washington, DC 20591, or 

by calling (202) 267–9680. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed from 

the Internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

Issued in Washington, DC, on January 26, 

2011. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2011–2049 Filed 1–28–11; 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] 

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 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. 

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 March 17, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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. 

For service information identified in 

this proposed 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; Email: 

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. 

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 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: Jim 

Rutherford, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4165; 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–2011–0088; Directorate Identifier 

2010–CE–072–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 http:// 

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 AGEˆNCIA NACIONAL DE 

AVIAC ̧A ̃ O CIVIL—BRAZIL (ANAC), 

which is the aviation authority for 

Brazil, has issued AD No.: 2010–11–01, 

dated December 20, 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 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. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

EMBRAER has issued PHENOM 

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

dated September 2, 2010, and PHENOM 

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

Revision No.: 01, dated November 29, 

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 


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Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 5299 

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 89 products of U.S. registry. 

We also estimate that it would take 

about 7.5 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 $1,550 per 

product. 

Based on these figures, we estimate 

the cost of the proposed AD on U.S. 

operators to be $194,687.50, or 

$2,187.50 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: 

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–2011– 

0088; Directorate Identifier 2010–CE– 

072–AD. 

Comments Due Date 

(a) We must receive comments by March 

17, 2011. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to 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: 

(1) Certificated in any category; and 

(2) 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. 

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 AOA 

sensors and cover plates. 

Actions and Compliance 

(f) Unless already done, 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 

PHENOM Service Bulletin SB No.: 500–27– 

0006, Revision No.: 01, dated November 29, 

2010: 

(1) 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. 

(2) 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. 

(3) We will allow ‘‘unless already done’’ 

credit for corrective actions already done, 

before the effective date of this AD, following 

PHENOM Service Bulletin SB No.: 500–27– 

0006, dated September 2, 2010, for 

compliance with the requirements of this AD. 

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: Jim Rutherford, Aerospace Engineer, 

FAA, Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 


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5300 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Proposed Rules 

telephone: (816) 329–4165; 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, 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 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, dated September 2, 2010, and 

PHENOM Service Bulletin SB No.: 500–27– 

0006, Revision No.: 01, dated November 29, 

2010, for related information. For service 

information related to 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. 

Issued in Kansas City, Missouri, on January 

24, 2011. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–2007 Filed 1–28–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1169; Airspace 

Docket No. 10–AGL–24] 

Proposed Amendment of Class E 

Airspace; Cable Union, WI 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace at Cable Union, 

WI. Decommissioning of the Seely nondirectional beacon (NDB) at Cable 

Union Airport, Cable Union, WI, has 

made this action necessary for the safety 

and management of Instrument Flight 

Rules (IFR) operations at the airport. 

DATES: 0901 UTC. Comments must be 

received on or before March 17, 2011. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2010– 

1169/Airspace Docket No. 10–AGL–24, 

at the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

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

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2010–1169/Airspace 

Docket No. 10–AGL–24.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Central Service Center, 2601 Meacham 

Blvd., Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), part 71 by modifying Class E 

airspace extending upward from 700 

feet above the surface for standard 

instrument approach procedures at 

Cable Union Airport, Cable Union, WI. 

Airspace reconfiguration is necessary 

due to the decommissioning of the 

Mosby NDB and the cancellation of the 

NDB approach. Geographic coordinates 

would also be adjusted in accordance 

with the FAA’s Aeronautical Products. 

Controlled airspace is necessary for the 

safety and management of IFR 

operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9U, dated August 18, 2010, and 

effective September 15, 2010, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 


emcdonald on DSK2BSOYB1PROD with PROPOSALS