
[Federal Register: November 30, 2009 (Volume 74, Number 228)]
[Rules and Regulations]               
[Page 62489-62490]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no09-7]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0870 Directorate Identifier 2009-CE-049-AD; 
Amendment 39-16108; AD 2009-24-14]
RIN 2120-AA64

 
Airworthiness Directives; Empresa Brasileira de 
Aeron[aacute]utica S.A. (EMBRAER) Model EMB-500 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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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 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 possibility of elevator mass balance 
fasteners becoming slack under certain conditions. The loose of at 
least two fasteners may lead to an unbalance condition, which may 
induce flutter on airplane elevators.

We are issuing this AD to require actions to correct the unsafe 
condition on these products.

DATES: This AD becomes effective January 4, 2010.
    On January 4, 2010, the Director of the Federal Register approved 
the incorporation by reference of certain publications listed in this 
AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at 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: 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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on September 21, 2009 
(74 FR 48028). That NPRM proposed to correct an unsafe condition for 
the specified products. The MCAI states:

    It has been found the possibility of elevator mass balance 
fasteners becoming slack under certain conditions. The loose of at 
least two fasteners may lead to an unbalance condition, which may 
induce flutter on airplane elevators.

The MCAI requires replacement of the nuts of the right and left 
elevators mass balance fasteners.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD as proposed.

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 also have required 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 AD.

Costs of Compliance

    We estimate that this AD will affect 25 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Required parts will cost about $150 per product.
    Based on these figures, we estimate the cost of this AD to the U.S. 
operators to be $7,750 or $310 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 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 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.

[[Page 62490]]

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, 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:

2009-24-14 Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER): 
Amendment 39-16108; Docket No. FAA-2009-0870; Directorate Identifier 
2009-CE-049-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective January 
4, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMB-500 airplanes, serial numbers 
50000005, 50000006, 50000008 through 50000036, 50000038 through 
50000041, 50000043 through 50000046, 50000048, and 50000053, 
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:
    It has been found the possibility of elevator mass balance 
fasteners becoming slack under certain conditions. The loose of at 
least two fasteners may lead to an unbalance condition, which may 
induce flutter on airplane elevators.
The MCAI requires replacement of the nuts of the right and left 
elevators mass balance fasteners.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within the next 30 days after January 4, 2010 (the effective 
date of this AD), replace the nuts of the right-hand (RH) and left-
hand (LH) elevators' mass balance fasteners with new ones of self-
locking type bearing part number (P/N) MS21043-4. Do the 
replacements following Phenom by Embraer Service Bulletin No. 500-
55-0001, dated July 24, 2009.
    (2) As of 30 days after January 4, 2010 (the effective date of 
this AD), only install self-locking type nuts, P/N MS21043-4, on the 
RH and LH elevators' mass balance fasteners.

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: 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 Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Brazilian Airworthiness Directive 
AD No.: 2009-09-01, dated September 3, 2009, and Phenom by Embraer 
Service Bulletin No. 500-55-0001, dated July 24, 2009, for related 
information.

Material Incorporated by Reference

    (i) You must use Phenom by Embraer Service Bulletin No. 500-55-
0001, dated July 24, 2009, to do the actions required by this AD, 
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact 
EMBRAER Empresa Brasileira de Aeron[aacute]utica S.A., Phenom 
Maintenance Support, Av. Brig. Farina Lima, 2170, Sao Jose dos 
Campos--SP, CEP: 12227-901--PO Box: 38/2, BRASIL, telephone: ++55 12 
3927-5383; fax: ++55 12 3927-2610; E-mail: 
reliability.executive@embraer.com.br; Internet: http://
www.embraer.com.br.
    (3) You may review copies of the service information 
incorporated by reference for this AD at the FAA, Central Region, 
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri 
64106. For information on the availability of this material at the 
Central Region, call (816) 329-3768.
    (4) You may also review copies of the service information 
incorporated by reference for this AD at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, call (202) 741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri, on November 19, 2009.
Patrick R. Mullen,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-28306 Filed 11-27-09; 8:45 am]

BILLING CODE 4910-13-P
