9800 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations 

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: 

2013–03–12 Dassault Aviation: 

Amendment 39–17347. Docket No. 

FAA–2012–1037; Directorate Identifier 

2012–NM–008–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective March 19, 2013. 

(b) Affected ADs 

Certain requirements of this AD terminate 

the requirements of AD 2012–02–18, 

Amendment 39–16941 (77 FR 12175, 

February 29, 2012); and AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010); for the airplanes 

identified in paragraph (c) of this AD. 

(c) Applicability 

(1) This AD applies to Dassault Aviation 

Model Mystere-Falcon 50 airplanes, 

certificated in any category, all serial 

numbers. 

(2) 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 (j)(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. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Periodic inspections. 

(e) Reason 

This AD was prompted by a manufacturer 

revision to the airplane maintenance manual 

(AMM) that introduces new or more 

restrictive maintenance requirements and/or 

airworthiness limitations. We are issuing this 

AD to prevent reduced structural integrity of 

the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Maintenance Program Revision 

Within 30 days after the effective date of 

this AD: Revise the maintenance program to 

incorporate all airworthiness limitations and 

maintenance tasks specified in Section 05– 

40/00, Airworthiness Limitations, of Chapter 

5–40, Airworthiness Limitations, of the 

Dassault Falcon 50/50EX Maintenance 

Manual, Revision 21, dated June 2011. The 

initial compliance times for the tasks are at 

the applicable times specified in Section 05– 

40/00, Airworthiness Limitations, of Chapter 

5–40, Airworthiness Limitations, of the 

Dassault Falcon 50/50EX Maintenance 

Manual, Revision 21, dated June 2011, or 

within 30 days after the effective date of this 

AD, whichever occurs later. 

(h) No Alternative Actions, Intervals, and/or 

Critical Design Configuration Control 

Limitations (CDCCLs) 

After accomplishing the revisions required 

by paragraph (g) of this AD, no alternative 

actions (e.g., inspections), intervals, and/or 

CDCCLs may be used other than those 

specified in Section 05–40/00, Airworthiness 

Limitations, of Chapter 5–40, Airworthiness 

Limitations, of the Dassault Falcon 50/50EX 

Maintenance Manual, Revision 21, dated 

June 2011, unless the actions, intervals, and/ 

or CDCCLs are approved as an alternative 

methods of compliance (AMOC) in 

accordance with the procedures specified in 

paragraph (j)(1) of this AD. 

(i) Terminating Action for Certain ADs 

Accomplishing the actions required by 

paragraph (g) of this AD terminates the 

requirements of AD 2012–02–18, 

Amendment 39–16941 (77 FR 12175, 

February 29, 2012); and AD 2010–26–05, 

Amendment 39–16544 (75 FR 79952, 

December 21, 2010); for the Dassault 

Aviation Model Mystere-Falcon 50 airplanes 

specified in those ADs. 

(j) Other FAA AD Provisions 

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. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Tom Rodriguez, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–1137; fax (425) 227– 

1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding 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. 

(k) Related Information 

Refer to MCAI European Aviation Safety 

Agency Airworthiness Directive 2011–0246, 

dated December 22, 2011; and Section 05–40/ 

00, Airworthiness Limitations, of Chapter 5– 

40, Airworthiness Limitations, of the 

Dassault Falcon 50/50EX Maintenance 

Manual, Revision 21, dated June 2011; for 

related information. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Section 05–40/00, Airworthiness 

Limitations, of Chapter 5–40, Airworthiness 

Limitations, of the Dassault Falcon 50/50EX 

Maintenance Manual, Revision 21, dated 

June 2011. 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Dassault Falcon Jet, P.O. Box 

2000, South Hackensack, New Jersey 07606; 

telephone 201–440–6700; Internet http:// 

www.dassaultfalcon.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may view this 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on February 

1, 2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–02891 Filed 2–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1223; Directorate 

Identifier 2012–NM–154–AD; Amendment 

39–17348; AD 2013–03–13] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 


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Embraer S.A. Model ERJ 170 and ERJ 

190 airplanes. This AD was prompted 

by reports of the cockpit door falling off 

the hinges when it is being opened or 

closed. This AD requires replacing the 

striker and quick-release pin of the 

passive lock of the cockpit door, and 

replacing the upper and lower hinges of 

the cockpit door. We are issuing this AD 

to prevent the cockpit door from falling 

off the hinges, which could cause injury 

to airplane occupants. 

DATES: This AD becomes effective 

March 19, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of March 19, 2013. 

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: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–2768; 

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 December 6, 2012 (77 FR 

72776). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The Mandatory Continuing 

Airworthiness Information (MCAI) 

states: 

This [Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC)] AD was prompted by reports of 

cockpit door falling off the hinges when it is 

being opened or closed. If not corrected, this 

condition may cause injury to the occupants. 

* * * * * 

You 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 

considered the comment received. The 

Air Line Pilots Association, 

International (ALPA) supports the intent 

of the NPRM (77 FR 72776, December 6, 

2012). 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed—except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

72776, December 6, 2012) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 72776, 

December 6, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

253 products of U.S. registry. We also 

estimate that it will take about 6 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $0 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $129,030 or 

$510 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 that 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); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. 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 (77 FR 72776, 

December 6, 2012), 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: 

2013–03–13 Embraer S.A.: Amendment 39– 

17348. Docket No. FAA–2012–1223; 

Directorate Identifier 2012–NM–154–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective March 19, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the airplanes identified 

in paragraphs (c)(1) and (c)(2) of this AD. 

(1) Embraer S.A. Model ERJ 170–100 LR, 

–100 STD, –100 SE., and –100 SU airplanes; 


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9802 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations 

and Model ERJ 170–200 LR, –200 SU, and 

–200 STD airplanes; certificated in any 

category; as identified in EMBRAER Service 

Bulletin 170–52–0055, Revision 01, dated 

August 1, 2011. 

(2) Embraer S.A. Model ERJ 190–100 STD, 

–100 LR, –100 ECJ, and –100 IGW airplanes; 

and Model ERJ 190–200 STD, –200 LR, and 

–200 IGW airplanes; certificated in any 

category; as identified in EMBRAER Service 

Bulletin 190–52–0038, Revision 01, dated 

August 1, 2011, and EMBRAER Service 

Bulletin 190LIN–52–0020, dated August 1, 

2011. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 52, Doors. 

(e) Reason 

This AD was prompted by reports of the 

cockpit door falling off the hinges when it is 

being opened or closed. We are issuing this 

AD to prevent the cockpit door from falling 

off the hinges, which could cause injury to 

airplane occupants. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Required Actions and Compliance Time 

Within 1,500 flight hours after the effective 

date of this AD, do the actions specified in 

paragraphs (g)(1) and (g)(2) of this AD. 

(1) Replace the striker and quick-release 

pin of the passive lock of the cockpit door, 

in accordance with Part I of the 

Accomplishment Instructions of the 

applicable service bulletin specified in 

paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of 

this AD. 

(i) EMBRAER Service Bulletin 170–52– 

0055, Revision 01, dated August 1, 2011 (for 

Model ERJ 170 airplanes). 

(ii) EMBRAER Service Bulletin 190–52– 

0038, Revision 01, dated August 1, 2011 (for 

Model ERJ 190 airplanes except for Model 

ERJ 190–100 ECJ airplanes). 

(iii) EMBRAER Service Bulletin 190LIN– 

52–0020, dated August 1, 2011 (for Model 

ERJ 190–100 ECJ airplanes). 

(2) Replace the cockpit door upper and 

lower hinges in accordance with Part III of 

the Accomplishment Instructions of the 

applicable service bulletin specified in 

paragraph (g)(2)(i), (g)(2)(ii), or (g)(2)(iii) of 

this AD. 

(i) EMBRAER Service Bulletin 170–52– 

0055, Revision 01, dated August 1, 2011 (for 

Model ERJ 170 airplanes). 

(ii) EMBRAER Service Bulletin 190–52– 

0038, Revision 01, dated August 1, 2011 (for 

Model ERJ 190 airplanes except for Model 

ERJ 190–100 ECJ airplanes). 

(iii) EMBRAER Service Bulletin 190LIN– 

52–0020, dated August 1, 2011 (for Model 

ERJ 190–100 ECJ airplanes). 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g)(1) of this AD, if 

those actions were performed before the 

effective date of this AD using EMBRAER 

Service Bulletin 170–52–0055, dated 

February 10, 2011 (for Model ERJ 170 

airplanes); or EMBRAER Service Bulletin 

190–52–0038, dated February 10, 2011 (for 

Model ERJ 190 airplanes except for Model 

ERJ 190–100 ECJ airplanes); which are not 

incorporated by reference in this AD. 

(i) Other FAA AD Provisions 

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. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone (425) 227–2768; fax (425) 227– 

1149. Information may be emailed to: 9- 

ANM-116-AMOC-REQUESTS@faa.gov. 

Before using any approved AMOC, notify 

your appropriate principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office/ 

certificate holding 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. 

(j) Related Information 

Refer to MCAI Brazilian Airworthiness 

Directives 2012–08–02 and 2012–08–03, both 

effective September 5, 2012, and the service 

bulletins identified in paragraphs (j)(1), (j)(2), 

and (j)(3) of this AD, for related information. 

(1) EMBRAER Service Bulletin 170–52– 

0055, Revision 01, dated August 1, 2011. 

(2) EMBRAER Service Bulletin 190–52– 

0038, Revision 01, dated August 1, 2011. 

(3) EMBRAER Service Bulletin 190LIN–52– 

0020, dated August 1, 2011. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) EMBRAER Service Bulletin 170–52– 

0055, Revision 01, dated August 1, 2011. 

(ii) EMBRAER Service Bulletin 190–52– 

0038, Revision 01, dated August 1, 2011. 

(iii) EMBRAER Service Bulletin 190LIN– 

52–0020, dated August 1, 2011. 

(3) For service information identified in 

this AD contact Embraer S.A., 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; email 

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

www.flyembraer.com. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may view this 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on February 

1, 2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–02902 Filed 2–11–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9605] 

RIN 1545–BG31; 1545–BL38 

Payout Requirements for Type III 

Supporting Organizations That Are Not 

Functionally Integrated; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final and 

temporary regulations. 

SUMMARY: This document contains 

corrections to final and temporary 

regulations (TD 9605) that were 

published in the Federal Register on 

Friday, December 28, 2012 (77 FR 

76382). The final and temporary 

regulations provide guidance regarding 

the requirements to qualify as a Type III 

supporting organization that is operated 

in connection with one or more 

supported organizations. The 

regulations reflect changes to the law 

made by the Pension Protection Act of 

2006. 

DATES: This correction is effective on 

February 12, 2013 and is applicable 

after December 28, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Preston J. Quesenberry, at (202) 622– 

6070 (not a toll free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final and temporary regulations 

(TD 9605) that are the subject of this 


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