[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8845-8851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4099]



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Rules and Regulations
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Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / 
Rules and Regulations

[[Page 8845]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0150; Directorate Identifier 2009-CE-010-AD; 
Amendment 39-15830; AD 2009-05-06]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-500 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) issued by the aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    There is a possibility that during a go around procedure with a 
flap system failed the stall warning and the stick pusher triggering 
angles are anticipated reducing the margin between the real angle of 
attack and the stick pusher triggering angle. If the stick pusher is 
activated at a low altitude the pilot may be not able to recover the 
airplane control. Since this condition affects flight safety, an 
immediate corrective action is required. Thus, sufficient reason 
exists to request compliance with this EAD in the indicated time 
limit without prior notice.

This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective February 27, 2009.
    We must receive comments on this AD by March 30, 2009.

ADDRESSES: You may send comments by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at 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 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, 
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 
329-4146; fax: (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Discussion

    The AG[Ecirc]NCIA NACIONAL DE AVIA[Ccedil][Atilde]O CIVIL--BRAZIL, 
which is the aviation authority for Brazil, has issued EAD No.: 2009-
02-04, dated February 13, 2009 (referred to after this as ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    There is a possibility that during a go around procedure with a 
flap system failed the stall warning and the stick pusher triggering 
angles are anticipated reducing the margin between the real angle of 
attack and the stick pusher triggering angle. If the stick pusher is 
activated at a low altitude the pilot may be not able to recover the 
airplane control. Since this condition affects flight safety, an 
immediate corrective action is required. Thus, sufficient reason 
exists to request compliance with this EAD in the indicated time 
limit without prior notice.

You may obtain further information by examining the MCAI in the AD 
docket.

FAA's Determination and Requirements of the AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with this State of Design Authority, they 
have notified us of the unsafe condition described in the MCAI and 
service information referenced above. We are issuing this AD because we 
evaluated all information provided by the State of Design Authority and 
determined the unsafe condition exists and is likely to exist or 
develop on other products of the same type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But we might have found it 
necessary to use different words from those in the MCAI to ensure the 
AD is clear for U.S. operators and is enforceable. In making these 
changes, we do not intend to differ substantively from the information 
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
described in a separate paragraph of the AD. These requirements take 
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because if 
the stick pusher is activated at a low altitude the pilot may not be 
able to recover the airplane control. Therefore, we determined that 
notice and opportunity for public comment before issuing this AD are 
impracticable and that good cause exists for making this amendment 
effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant

[[Page 8846]]

data, views, or arguments about this AD. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2009-0150; Directorate Identifier 2009-CE-010-AD'' at the beginning of 
your comments. We specifically invite comments on the overall 
regulatory, economic, environmental, and energy aspects of this AD. We 
will consider all comments received by the closing date and may amend 
this 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 AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications 
under Executive Order 13132. This AD will not have a substantial direct 
effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2009-05-06 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15830; Docket No. FAA-2009-0150; Directorate Identifier 
2009-CE-010-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
27, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Models EMB-500 airplanes, all serial 
numbers, equipped with the stall warning computer part number (P/N) 
C100106-1, 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: There is a possibility that during a go around procedure 
with a flap system failed the stall warning and the stick pusher 
triggering angles are anticipated reducing the margin between the 
real angle of attack and the stick pusher triggering angle. If the 
stick pusher is activated at a low altitude the pilot may be not 
able to recover the airplane control. Since this condition affects 
flight safety, an immediate corrective action is required. Thus, 
sufficient reason exists to request compliance with this EAD in the 
indicated time limit without prior notice.

Actions and Compliance

    (f) Unless already done, before further flight, incorporate into 
the airplane flight manual (AFM) the following procedures and 
limitations section revisions. You may insert a copy of this AD into 
the appropriate sections of the AFM to comply with the requirements 
of this AD.
    (1) Revise the AFM by adding Figure 1 of this AD to the 
Limitations section 2.30.
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[GRAPHIC] [TIFF OMITTED] TR27FE09.000

    (2) Replace the GO-AROUND procedure in AFM Section 3-03, page 2, 
with the procedure in Figure 2 of this AD.

[[Page 8847]]

[GRAPHIC] [TIFF OMITTED] TR27FE09.001

    (3) Replace the ONE ENGINE INOPERATIVE PROCEDURE APPROACH AND 
LANDING procedure in AFM Section 4-01, page 17, with the procedure 
in Figure 3 of this AD.

[[Page 8848]]

[GRAPHIC] [TIFF OMITTED] TR27FE09.002

    (4) Revise AFM Section 5-02 by adding the statement in Figure 4 
of this AD.
[GRAPHIC] [TIFF OMITTED] TR27FE09.003

    (5) Replace the AFM performance tables (ANTI-ICE OFF) in Section 
5-20, pages 2 and 3, with the table in Figure 5 of this AD.

[[Page 8849]]

[GRAPHIC] [TIFF OMITTED] TR27FE09.004

    (6) Replace the AFM performance tables (ANTI-ICE OFF) in Section 
5-25, pages 2 and 3, with the table in Figure 6 of this AD.

[[Page 8850]]

[GRAPHIC] [TIFF OMITTED] TR27FE09.005

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    Note 1: The above limitation and procedures are considered an 
interim solution until a final action is identified, at which time 
AG[Ecirc]NCIA NACIONAL DE AVIA[Ccedil][Atilde]O CIVIL--BRAZIL (ANAC) 
and the FAA may consider further AD action.


    Note 2: Operation in icing conditions is not affected by the 
above limitations and procedures.

 FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: No differences.


[[Page 8851]]



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 ANAC, EAD No.: 2009-02-04, dated February 13, 
2009.

    Issued in Kansas City, Missouri, on February 20, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-4099 Filed 2-26-09; 8:45 am]
BILLING CODE 4910-13-C