This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

8845 

Vol. 74, No. 38 

Friday, February 27, 2009 

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: 

• 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. 

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 AGEˆNCIA NACIONAL DE 

AVIAC ̧A ̃ 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 


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8846 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations 

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 

■ 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: 

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. 

BILLING CODE 4910–13–P 

(2) Replace the GO–AROUND procedure in 

AFM Section 3–03, page 2, with the 

procedure in Figure 2 of this AD. 


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(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. 


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(4) Revise AFM Section 5–02 by adding the 

statement in Figure 4 of this AD. 

(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. 


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(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. 


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BILLING CODE 4910–13–C 

Note 1: The above limitation and 

procedures are considered an interim 

solution until a final action is identified, at 

which time AGEˆNCIA NACIONAL DE 

AVIAC ̧A ̃ 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. 


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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 FAAapproved 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1065; Directorate 

Identifier 2008–NM–126–AD; Amendment 

39–15827; AD 2009–05–03] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 727 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 727 airplanes. This AD 

requires among other actions, installing 

new ground fault interrupter (GFI) 

relays for the main fuel tanks and the 

auxiliary fuel tank pumps. This AD also 

requires revising the FAA-approved 

maintenance program to incorporate 

new Airworthiness Limitations for the 

GFI of the boost pumps and for the 

uncommanded on system for the 

auxiliary fuel tank pumps. This AD 

results from fuel system reviews 

conducted by the manufacturer. We are 

issuing this AD to prevent an electrical 

fault in the fuel pump system, which 

might cause a connector or end cap to 

burn through and a subsequent fire or 

explosion inside the fuel pump or wing 

spar area. We are also issuing this AD 

to prevent uncommanded operation of 

the auxiliary fuel tank pumps, which 

can cause them to run dry. This 

condition will increase pump 

temperature and could supply an 

ignition source to fumes in the fuel tank, 

which can result in a consequent fire or 

explosion. 

DATES: This AD is effective April 3, 

2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 3, 2009. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1, fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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 address for the 

Docket Office (telephone 800–647–5527) 

is the 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: 

Binh Tran, Aerospace Engineer, Systems 

and Equipment Branch, ANM–130S, 

FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6485; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Boeing Model 727 airplanes. 

That NPRM was published in the 

Federal Register on October 7, 2008 (73 

FR 58509). That NPRM proposed to 

require, among other actions, installing 

new ground fault interrupter (GFI) 

relays for the main fuel tanks and the 

auxiliary fuel tank pumps. This AD also 

requires revising the FAA-approved 

maintenance program to incorporate 

new Airworthiness Limitations for the 

GFI of the boost pumps and for the 

uncommanded on system for the 

auxiliary fuel tank pumps. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Support for the NPRM 

Boeing concurs with the contents of 

the NPRM. 

General Comment Disagreeing With 

NPRM 

Another commenter, Ralph Pascale, 

asserts that the current configuration of 

the boost pump circuits is adequate and 

does not need to be changed. The 

commenter feels that by installing the 

GFIs on the boost pumps according to 

the NPRM, there could be a condition 

where during a loss of all generators due 

to thunderstorms, electrical power is 

lost to the boost pumps and the 

possibility of the GFI tripping due to 

high voltage (getting hit by lightning) 

will prevent the boost pumps from 

supplying boosted pressure when 

electrical power is re-established, 

causing a triple flameout. 

We infer that the commenter is 

requesting that we withdraw the NPRM. 

We do not concur. Loss of all generators 

resulting in loss of all boost pumps is a 

rare event, even without GFI installed 

for the boost pumps. The GFI has been 

tested for lightning threat to a level that 

is higher than the worst-case lightning 

threat that a Model 727 airplane would 

typically experience. Therefore, the risk 

to the boost pumps has not increased. 

We have not changed this final rule in 

light of the comment. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD will affect 

199 airplanes of U.S. registry. The 

following table provides the estimated 


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