Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 30277 

CFR 39.19. Send information to ATTN: 

Samuel Lee, Aerospace Engineer, Propulsion 

Branch, ANM–140L, FAA, Los Angeles ACO, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 627– 

5262; fax (562) 627–5210. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your principal maintenance inspector 

(PMI) or principal avionics inspector (PAI), 

as appropriate, or lacking a principal 

inspector, your local Flight Standards District 

Office. The AMOC approval letter must 

specifically reference this AD. 

Material Incorporated by Reference 

(j) You must use the applicable service 

information contained in Table 1 of this AD 

to do the actions required by this AD, unless 

the AD specifies otherwise. 

TABLE 1—ALL MATERIAL INCORPORATED BY REFERENCE

Document Revision Date 

Boeing Alert Service Bulletin MD11–28A140 .................................................................................. Original ...................... November 6, 2008. 

McDonnell Douglas Alert Service Bulletin MD11–28A101. ............................................................. Original ...................... August 24, 1998. 

McDonnell Douglas Service Bulletin MD11–28–102 ....................................................................... Revision 01 ................ June 23, 1999. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

Boeing Alert Service Bulletin MD11–28A140, 

dated November 6, 2008, under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) The Director of the Federal Register 

previously approved the incorporation by 

reference of McDonnell Douglas Alert Service 

Bulletin MD11–28A101, dated August 24, 

1998; and McDonnell Douglas Service 

Bulletin MD11–28–102, Revision 01, dated 

June 23, 1999; on January 18, 2000 (64 FR 

69389, December 13, 1999). 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, 3855 Lakewood Boulevard, MC 

D800–0019, Long Beach, California 90846– 

0001; telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet https:// 

www.myboeingfleet.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(5) You may also review copies of the 

service information that is incorporated by 

reference 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 Renton, Washington, on May 14, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–12667 Filed 5–28–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0175; Directorate 

Identifier 2009–NM–187–AD; Amendment 

39–16319; AD 2010–11–14] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 190–100 STD, 

–100 LR, –100 IGW, –200 STD, –200 LR, 

and –200 IGW Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This 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: 

During ERJ 190 airplane full scale fatigue 

test, cracks were found in some structural 

components of the airplane. Analysis of these 

cracks resulted in modifications on the 

airplane Airworthiness Limitation Items 

(ALI), to include new inspections tasks or 

modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these components 

according to the new tasks, thresholds and 

intervals could prevent a timely detection of 

fatigue cracks. Undetected fatigue cracks in 

these areas could adversely affect the 

structural integrity of these airplanes. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective July 

6, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of July 6, 2010. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; fax (425) 227–1149. 

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 March 4, 2010 (75 FR 9814). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During ERJ 190 airplane full scale fatigue 

test, cracks were found in some structural 

components of the airplane. Analysis of these 

cracks resulted in modifications on the 

airplane Airworthiness Limitation Items 

(ALI), to include new inspections tasks or 

modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these components 

according to the new tasks, thresholds and 

intervals could prevent a timely detection of 

fatigue cracks. Undetected fatigue cracks in 

these areas could adversely affect the 

structural integrity of these airplanes. 

* * * * * 

The corrective action is revising the 

Airworthiness Limitations Section of 

the Instructions for Continued 

Airworthiness to incorporate new and 

modified structural inspections. You 


srobinson on DSKHWCL6B1PROD with RULES
30278 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 

may obtain further information by 

examining the MCAI in the AD docket. 

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 our FAA 

policies. Any such differences are 

highlighted in a Note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

65 products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

cost of this AD to the U.S. operators to 

be $5,525, or $85 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 the 

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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office 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 Operations 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 

■ 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: 

2010–11–14 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16319. Docket No. 

FAA–2010–0175; Directorate Identifier 

2009–NM–187–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 6, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Empresa 

Brasileira de Aeronautica S.A. (EMBRAER) 

Model ERJ 190–100 STD, –100 LR, –100 IGW, 

–200 STD, –200 LR, and –200 IGW airplanes, 

certificated in any category. 

Note 1: This AD requires revisions to 

certain operator maintenance documents to 

include new inspections. Compliance with 

these inspections is required by 14 CFR 

91.403(c). For airplanes that have been 

previously modified, altered, or repaired in 

the areas addressed by these inspections, the 

operator may not be able to accomplish the 

inspections described in the revisions. In this 

situation, to comply with 14 CFR 91.403(c), 

the operator must request approval for an 

alternative method of compliance according 

to paragraph (g)(1) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued operational safety of the airplane. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage; 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During ERJ 190 airplane full scale fatigue 

test, cracks were found in some structural 

components of the airplane. Analysis of these 

cracks resulted in modifications on the 

airplane Airworthiness Limitation Items 

(ALI), to include new inspections tasks or 

modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these components 

according to the new tasks, thresholds and 

intervals could prevent a timely detection of 

fatigue cracks. Undetected fatigue cracks in 

these areas could adversely affect the 

structural integrity of these airplanes. 

* * * * * 

The corrective action is revising the 

Airworthiness Limitations Section (ALS) of 

the Instructions for Continued Airworthiness 

(ICA) to incorporate new and modified 

structural inspections. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 90 days after the effective date 

of this AD: Revise the ALS of the ICA to 

include the tasks specified in Table 1 of this 

AD. These tasks are identified in EMBRAER 

Temporary Revision (TR) 2–5, dated 

December 6, 2007; and EMBRAER TR 2–6, 

dated February 12, 2008; to Appendix A, Part 

2, Airworthiness Limitation Inspections 

(ALI)—Structures, of the EMBRAER 190 

Maintenance Review Board Report (MRBR) 

MRB–1928. 

Note 2: The actions required by paragraph 

(f)(1) of this AD may be done by inserting a 

copy of EMBRAER TR 2–5 and TR 2–6 into 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 30279 

the ALS of the EMBRAER 190 MRBR MRB– 

1928. When these TRs have been included in 

general revisions of the EMBRAER 190 

MRBR MRB–1928, the general revisions may 

be inserted in the EMBRAER 190 MRBR 

MRB–1928, provided the relevant 

information in the general revision is 

identical to that in EMBRAER TR 2–5 and TR 

2–6, and these TRs may be removed. 

(2) The initial compliance times for the 

tasks specified in EMBRAER TR 2–5, dated 

December 6, 2007; and EMBRAER TR 2–6, 

dated February 12, 2008; to Appendix A, Part 

2, Airworthiness Limitation Inspections 

(ALI)—Structures, of the EMBRAER 190 

MRBR MRB–1928; start at the later of the 

times specified in paragraphs (f)(2)(i) and 

(f)(2)(ii) of this AD. For certain tasks, the 

compliance times depend on the premodification and post-modification 

condition of the associated service bulletin, 

as specified in the ‘‘Applicability’’ column of 

these TRs. 

(i) Within the applicable threshold times 

specified in these TRs. 

(ii) At the applicable compliance time 

specified in Table 1 of this AD. 

TABLE 1—MRBR TRS AND TASKS, WITH COMPLIANCE TIMES

EMBRAER MRBR TR Subject MRBR task No. Compliance time 

TR 2–5, dated December 6, 2007 ......... Wing stub main box lower skin and 

splices—internal.

57–01–002–0002 250 flight cycles after effective date of 

this AD. 

TR 2–5, dated December 6, 2007 ......... Wing stub spar 3—internal/external ..... 57–01–008–0003 500 flight cycles after effective date of 

this AD. 

TR 2–5, dated December 6, 2007 ......... Wing stub spar 3—external ................. 57–01–008–0004 500 flight cycles after effective date of 

this AD. 

TR 2–5, dated December 6, 2007 ......... Wing lower skin panel stringers—internal.57–10–007–0004 500 flight cycles after effective date of 

this AD. 

TR 2–5, dated December 6, 2007 ......... Wing main box rib 11—internal ........... 57–10–012–0003 500 flight cycles after effective date of 

this AD. 

TR 2–6, dated December 12, 2008 ....... Nose landing gear wheel well metallic 

structure.

53–10–021–0004 500 flight cycles after effective date of 

this AD. 

(iii) Thereafter, except as provided in 

paragraph (g) of this AD, no alternative 

replacement times or structural inspection 

intervals may be approved for these tasks. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: 

Although the MCAI specifies both revising 

the airworthiness limitations and doing 

repetitive inspections, this AD only specifies 

the revision. Requiring revision of the 

airworthiness limitations, rather than 

requiring individual repetitive inspections, is 

advantageous for operators because it allows 

them to record AD compliance status only at 

the time that they make the revision, rather 

than after every inspection. It also has the 

advantage of keeping all airworthiness 

limitations, whether imposed by original 

certification or by AD, in one place within 

the operator’s maintenance program, thereby 

reducing the risk of non-compliance because 

of oversight or confusion. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, 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: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

The AMOC approval letter must specifically 

reference this AD. 

(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 Brazilian Airworthiness 

Directive 2009–04–02, effective April 29, 

2009; and EMBRAER TR 2–5, dated 

December 6, 2007, and EMBRAER TR 2–6, 

dated February 12, 2008, to Appendix A, Part 

2, Airworthiness Limitation Inspections 

(ALI)—Structures, of the EMBRAER 190 

MRBR MRB–1928; for related information. 

Material Incorporated by Reference 

(i) You must use EMBRAER Temporary 

Revision 2–5, dated December 6, 2007; and 

EMBRAER Temporary Revision 2–6, dated 

February 12, 2008; to Appendix A, Part 2, 

Airworthiness Limitation Inspections (ALI)— 

Structures, of the EMBRAER 190 

Maintenance Review Board Report MRB– 

1928; 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 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone: 

+55 12 3927–5852 or +55 12 3309–0732; fax: 

+55 12 3927–7546; e-mail: 

distrib@embraer.com.br; Internet: http:// 

www.flyembraer.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference 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 Renton, Washington, on May 13, 

2010. 

John Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–12678 Filed 5–28–10; 8:45 am] 

BILLING CODE 4910–13–P 


srobinson on DSKHWCL6B1PROD with RULES