DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
14 CFR Part 39
[Docket No. FAA-2010-0870; Directorate Identifier 2010-CE-045-AD] RIN
2120-AA64
AIRWORTHINESS DIRECTIVES; Empresa Brasileira de Aeronautica S.A. (EMBRAER)
Model EMB-500 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of Transportat-
ion (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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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 the occurrences of failure of the Flow Control Shutoff
Valve (FCSOV) in the closed position. Failure of the two valves (left and
right) can cause the loss of the pneumatic source, and lead to loss of the
cabin pressurization.
Since this condition affects flight safety, a corrective action is
required. Thus, sufficient reason exists to request compliance with this
AD.
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 October 18, 2010.
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 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: 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:
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-2010-0870; Directorate
Identifier 2010-CE-045-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 AGENCIA NACIONAL DE AVIACAO CIVIL--BRAZIL (ANAC), which is the
aviation authority for Brazil, has issued AD No. 2010-08-01, dated
September 3, 2010 (referred to after this as "the MCAI"), to correct an
unsafe condition for the specified products. The MCAI states:
It has been found the occurrences of failure of the Flow Control Shutoff
Valve (FCSOV) in the closed position. Failure of the two valves (left and
right) can cause the loss of the pneumatic source, and lead to loss of the
cabin pressurization.
Since this condition affects flight safety, a corrective action is
required. Thus, sufficient reason exists to request compliance with this
AD.
The MCAI requires replacing both FCSOVs with new and improved FCSOVs. You
may obtain further information by examining the MCAI in the AD docket.
RELEVANT SERVICE INFORMATION
Empresa Brasileira de Aeronautica S.A. (EMBRAER) has issued Service
Bulletin 500-21-0001, dated December 9, 2009. 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
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 79 products of U.S.
registry. We also estimate that it would take about 4 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
$10,487 per product.
Based on these figures, we estimate the cost of the proposed AD on U.S.
operators to be $855,333, or $10,827 per product.
According to Embraer, the parts cost of this proposed AD may be covered
under warranty, thereby reducing the cost impact on affected individuals.
We do not control warranty coverage for affected individuals. As a result,
we have included all cost in our cost estimate.
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 responsib-
ilities 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 Pro-
cedures (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 Regulat-
ory 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.
SEC. 39.13 [AMENDED]
2. The FAA amends Sec. 39.13 by adding the following new AD: