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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 that will supersede an existing AD. 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:
It has been found the possibility of heating deactivation of Air Data
System (ADS) sensors due to its inadequate automatic logic, when ADS/AOA
knob is on AUTO position associated with the following messages:
--DC BUS 1 OFF displayed on Crew Alerting System
--CAS in conjunction with STBY HTR FAIL (which means loss of power on
DC BUS 1); or
--EMER BUS OFF displayed on CAS (which means loss of power on EMERGENCY
BUS); or
--ELEC EMERGENCY displayed on CAS (which means Electrical Emergency).
The loss of airplane air data sensors heating may cause ice buildup on
their surfaces, which in turn may cause wrong pressure acquisitions resulting
in erroneous flight parameters indication to the flight crew. Since this
condition may occur in other airplanes of the same type and affects flight
safety, an immediate corrective action is required. Thus, sufficient reason
exists to request compliance with this AD in the indicated time limit.
This AD requires actions that are intended to address the unsafe condition
described in the MCAI.
DATES: This AD becomes effective August 12, 2010.
We must receive comments on this AD by September 7, 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 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:
Discussion
On November 2, 2009, we issued AD 2009-23-11, Amendment 39-16085 (74 FR
58195; November 12, 2009). That AD required actions intended to address
an unsafe condition on the products listed above.
Since we issued AD 2009-23-11, Empresa Brasileira de Aeronautica S.A.
(EMBRAER) has issued service bulletin 500-27- 0003, dated May 18, 2010.
The service bulletin changes flap position 3 from 36 degrees to 26 degrees.
The service bulletin also changes flap position 3 Vref airspeeds and landing
distance correction factors. Consequently, accomplishing the service bulletin
necessitates changes to the Abnormal Procedures section of the FAA-approved
airplane flight manual (AFM). The AFM changes were not included as part
of the service bulletin.
The AGENCIA NACIONAL DE AVIACAO CIVIL--BRAZIL, which is the aviation authority
for Brazil, has issued AD No.: 2009-10- 01R2, dated July 28, 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 possibility of heating deactivation of Air Data
System (ADS) sensors due to its inadequate automatic logic, when ADS/AOA
knob is on AUTO position associated with the following messages:
--DC BUS 1 OFF displayed on Crew Alerting System
--CAS in conjunction with STBY HTR FAIL (which means loss of power on
DC BUS 1); or
--EMER BUS OFF displayed on CAS (which means loss of power on EMERGENCY
BUS); or
--ELEC EMERGENCY displayed on CAS (which means Electrical Emergency).
The loss of airplane air data sensors heating may cause ice buildup on
their surfaces, which in turn may cause wrong pressure acquisitions resulting
in erroneous flight parameters indication to the flight crew. Since this
condition may occur in other airplanes of the same type and affects flight
safety, an immediate corrective action is required. Thus, sufficient reason
exists to request compliance with this AD in the indicated time limit.
This AD action requires inserting information into the Abnormal Procedures
section of the FAA-approved AFM. 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 the loss of
airplane air data sensors heating may cause ice buildup on their surface.
This condition may cause wrong pressure acquisitions, resulting in erroneous
flight parameters indication to the flight crew. 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 data, views, or arguments about
this AD. Send your comments to an address listed under the ADDRESSES section.
Include "Docket No. FAA-2010-0733; Directorate Identifier 2010-CE-038-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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing Amendment 39-16085 (74 FR 58195;
November 12, 2009), and adding the following new AD:
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