Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 8557 

AD, prior to further flight, repair in 

accordance with Section 53–30–03 of the 

Boeing 747 Structural Repair Manual (SRM); 

or Boeing Alert Service Bulletin 747– 

53A2267, Revision 4, dated March 26, 2009; 

except as required by paragraph (j) of this 

AD; and repeat the inspection required by 

paragraph (g) of this AD at the times 

specified in paragraph (i)(1) of this AD. After 

the effective date of this AD, use only Boeing 

Alert Service Bulletin 747–53A2267, 

Revision 4, dated March 26, 2009. 

(1) As of the effective date of this AD: If 

the repair specified in the Boeing 747 SRM 

does not include removing the lap joint and 

the upper row of countersunk fasteners, 

repeat the inspection required by paragraph 

(g) of this AD at the earlier of the times 

specified in paragraphs (i)(1)(i) and (i)(1)(ii) 

of this AD, and thereafter at intervals not to 

exceed 1,000 flight cycles. 

(i) Within 3,000 flight cycles after the last 

inspection required by paragraph (g) of this 

AD. 

(ii) Within 1,000 flight cycles after the last 

inspection required by paragraph (g) of this 

AD, or within 500 flight cycles after the 

effective date of this AD, whichever occurs 

later. 

(2) If the repair specified in the 747 SRM 

includes removing the lap joint and the 

upper row of countersunk fasteners, such 

repair constitutes terminating action for the 

inspection requirements of this AD. 

Exception to the Service Bulletin 

(j) If any cracking is found during any 

inspection required by this AD, and Boeing 

Alert Service Bulletin 747–53A2267, 

Revision 4, dated March 26, 2009, specifies 

contacting Boeing for appropriate action: 

Before further flight, repair the cracking 

using a method approved in accordance with 

the procedures specified in paragraph (k) of 

this AD. For a repair method to be approved 

by the Manager, Seattle ACO, as required by 

this paragraph, the Manager’s approval letter 

must specifically refer to this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Seattle Aircraft 

Certification 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: Ivan Li, 

Aerospace Engineer, Airframe Branch, ANM– 

120S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6437; fax (425) 917–6590. Or, e-mail 

information to 9-ANM-Seattle-ACO-AMOCRequests@faa.gov. 

(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. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(4) AMOCs approved previously in 

accordance with AD 94–17–01 are approved 

as AMOCs for the corresponding provisions 

of this AD. 

Issued in Renton, Washington, on February 

17, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–3819 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0170; Directorate 

Identifier 2009–NM–127–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135ER, 

–135KE, –135KL, and –135LR 

Airplanes; and EMBRAER Model EMB– 

145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

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: 

Reassessment of the damage tolerance 

analysis resulted in threshold reduction for 

some Structure Significant Items (SSI) of the 

Maintenance Review Board Report (MRBR) 

Airworthiness Limitations Items (ALI). 

Failure to inspect these structural 

components, according to the new threshold, 

could prevent a timely detection of fatigue 

cracking. These cracks, if not properly 

addressed, could adversely affect the 

structural integrity of the airplane. 

* * * * * 

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 April 12, 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 W12–40, 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed 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. 

You may review copies of the 

referenced 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 or 425–227–1152. 

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 this proposed AD, 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. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; fax (425) 227–1149. 

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 


sroberts on DSKD5P82C1PROD with PROPOSALS
8558 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0170; Directorate Identifier 

2009–NM–127–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 based on those comments. 

We have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

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 

airworthiness authority for Brazil, has 

issued Brazilian Airworthiness Directive 

2009–05–02, effective June 1, 2009 

(referred to after this as ‘‘the MCAI’’), to 

correct an unsafe condition for the 

specified products. The MCAI states: 

Reassessment of the damage tolerance 

analysis resulted in threshold reduction for 

some Structure Significant Items (SSI) of the 

Maintenance Review Board Report (MRBR) 

Airworthiness Limitations Items (ALI). 

Failure to inspect these structural 

components, according to the new threshold, 

could prevent a timely detection of fatigue 

cracking. These cracks, if not properly 

addressed, could adversely affect the 

structural integrity of the airplane. 

* * * * * 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Relevant Service Information 

Embraer has issued Temporary 

Revision 12–1, dated November 27, 

2008, to the EMBRAER EMB135/ 

EMB145 Maintenance Review Board 

Report MRB–145/1150, Revision 12, 

dated September 19, 2008. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This 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 the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an 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 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 

Based on the service information, we 

estimate that this proposed AD would 

affect about 711 products of U.S. 

registry. We also estimate that it would 

take about 1 work-hour per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$60,435, 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 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 

responsibilities 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 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 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2010– 

0170; Directorate Identifier 2009–NM– 

127–AD. 

Comments Due Date 

(a) We must receive comments by April 12, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Empresa 

Brasileira de Aeronautica S.A. (EMBRAER) 

Model EMB–135ER, –135KE, –135KL, and 

–135LR airplanes; EMBRAER Model EMB– 

145, –145ER, –145MR, –145LR, –145XR, 

–145MP, and –145EP airplanes; certificated 

in any category. 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 8559 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Reassessment of the damage tolerance 

analysis resulted in threshold reduction for 

some Structure Significant Items (SSI) of the 

Maintenance Review Board Report (MRBR) 

Airworthiness Limitations Items (ALI). 

Failure to inspect these structural 

components, according to the new threshold, 

could prevent a timely detection of fatigue 

cracking. These cracks, if not properly 

addressed, could adversely affect the 

structural integrity of the airplane. 

* * * * * 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 90 days after the effective date 

of this AD, do the following actions, as 

applicable. 

(1) For EMBRAER Model EMB–135ER, 

–135KE, –135KL, and –135LR airplanes, and 

Model EMB–145, –145EP, –145ER, –145LR, 

–145MP, and –145MR airplanes: Revise the 

Airworthiness Limitations (ALS) of the 

Instructions for Continued Airworthiness 

(ICA) to incorporate Tasks 54–50–00–230– 

802–A00 and 54–50–00–220–808–A01 

specified in Appendix 2, Airworthiness 

Limitation Requirements, of EMBRAER 

EMB135/EMB145 Maintenance Review 

Board Report MRB–145/1150, Revision 12, 

dated September 19, 2008 (the ‘‘MRBR’’). The 

initial compliance times for the tasks start 

from the applicable threshold specified in 

Appendix 2 of the MRBR, or within 500 

flight cycles after the effective date of this 

AD, whichever occurs later. 

(2) For EMBRAER Model EMB–145EP, 

–145ER, –145LR, –145MR, and –145MP 

airplanes: Revise the ALS of the ICA to 

incorporate Tasks 57–26–00–250–815–A00, 

57–26–00–250–815–A01, 57–26–00–250– 

813–A00, and 57–26–00–250–813–A02, 

specified in Appendix 2, Airworthiness 

Limitation Requirements, of EMBRAER 

EMB135/EMB145 Maintenance Review 

Board Report MRB–145/1150, Revision 12, 

dated September 19, 2008 (‘‘the MRBR’’). The 

initial compliance times for the tasks start 

from the later of the times specified in 

paragraph (g)(2)(i) or (g)(2)(ii) of this AD. 

(i) At the later of the applicable thresholds 

specified in Appendix 2 of the MRBR or 

within 500 flight cycles after the effective 

date of this AD, whichever occurs later. 

(ii) At the applicable time specified in 

Section A2.3.2.3.1, ‘‘Fatigue Threshold 

Reduced,’’ of Appendix 2, Airworthiness 

Limitation Requirements, of the MRBR. 

(3) For all airplanes: Revise the ALS of the 

ICA to incorporate Tasks 57–10–00–250– 

801–A00 and 57–10–00–250–801–A01 

specified in EMBRAER Temporary Revision 

12–1, dated November 27, 2008, to the 

EMBRAER EMB135/EMB145 Maintenance 

Review Board Report MRB–145/1150, 

Revision 12, dated September 19, 2008. The 

initial compliance times for the tasks start at 

the times specified in paragraphs (g)(3)(i) and 

(g)(3)(ii) of this AD, as applicable. 

(i) For Task 57–10–00–250–801–A00: Prior 

to the accumulation of 23,600 total flight 

cycles, or within 500 flight cycles after the 

effective date of this AD, whichever occurs 

later. 

(ii) For Task 57–10–00–250–801–A01: 

Within 24,000 flight cycles after 

accomplishing EMBRAER Service Bulletin 

145–57–0047, dated October 18, 2008, or 

within 500 flight cycles after the effective 

date of this AD, whichever occurs later. 

(h) After accomplishing the actions 

specified in paragraph (g) of this AD, no 

alternative inspections, inspection intervals, 

or airworthiness limitations may be used 

unless the inspections, inspection intervals, 

or airworthiness limitations are approved as 

alternative method of compliance in 

accordance with the procedures specified in 

paragraph (i) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(i) 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: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; 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 

(j) Refer to MCAI Brazilian Airworthiness 

Directive 2009–05–02, effective June 1, 2009; 

EMBRAER Temporary Revision 12–1, dated 

November 27, 2008, to the EMBRAER 

EMB135/EMB145 Maintenance Review 

Board Report MRB–145/1150, Revision 12, 

dated September 19, 2008; and Tasks 54–50– 

00–230–802–A00 and 54–50–00–220–808– 

A01 specified in Appendix 2, Airworthiness 

Limitation Requirements, of EMBRAER 

EMB135/EMB145 Maintenance Review 

Board Report MRB–145/1150, Revision 12, 

dated September 19, 2008; for related 

information. 

Issued in Renton, Washington, on February 

17, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–3826 Filed 2–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0169; Directorate 

Identifier 2009–NM–102–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–1A11 (CL–600), CL– 

600–2A12 (CL–601), and CL–600–2B16 

(CL–601–3A, CL–601–3R, and CL–604 

Variants) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above that would 

supersede an existing AD. 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: 

A specific batch of nose landing gear (NLG) 

and NLG door selector valves, part number 

(P/N) 601R75146–1 (Kaiser Fluid 

Technologies P/N 750006000), may have had 

their end caps incorrectly lock-wired and/or 

incorrectly torqued during assembly. This 

condition can lead to the end cap backing off, 

with consequent damage to a seal and 

internal leakage within the valve. 

Subsequently, if electrical power is 

transferred or removed from the aircraft 

before the NLG safety pin is installed, any 

pressure, including residual pressure, in the 

No. 3 hydraulic system can result in an 

uncommanded NLG retraction. 

The proposed AD would require 

actions that are intended to address the 

unsafe condition described in the MCAI. 


sroberts on DSKD5P82C1PROD with PROPOSALS