This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

7929 

Vol. 75, No. 35 

Tuesday, February 23, 2010 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0418; Directorate 

Identifier 2009–NM–020–AD; Amendment 

39–16201; AD 2010–04–08] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 190–100 LR, 

–100 IGW, –100 STD, –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 routine inspection procedures on 

the wing assembly line it was identified the 

possibility of cracks and deformation 

developing during assembly on the internal 

wing spars and rib flanges, causing a safe[ty] 

margin reduction. 

* * * * * 

The unsafe condition is cracking and 

deformation of wing spar and rib 

flanges, which could result in loss of 

structural integrity of the wing. We are 

issuing this AD to require actions to 

correct the unsafe condition on these 

products. 

DATES: This AD becomes effective 

March 30, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of March 30, 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 May 7, 2009 (74 FR 21285). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During routine inspection procedures on 

the wing assembly line it was identified the 

possibility of cracks and deformation 

developing during assembly on the internal 

wing spars and rib flanges, causing a safe[ty] 

margin reduction. 

* * * * * 

The unsafe condition is cracking and 

deformation of wing spar and rib 

flanges, which could result in loss of 

structural integrity of the wing. 

Corrective actions include performing a 

detailed inspection for damage on wing 

spar I, II, and III flanges and on certain 

rib flanges, and contacting Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC) (or 

its delegated agent) and Embraer for an 

approved repair. 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 comments received. 

Request To Remove Certain Model ERJ 

190 Airplanes 

Embraer requests that we remove 

Model ERJ 190–100 ECJ airplanes from 

the applicability of the NPRM, because 

that model is not included in the 

effectivity statement of Embraer Service 

Bulletin 190–57–0023, dated June 9, 

2008, and is not subject to the unsafe 

condition addressed by the NPRM. 

We agree, for the reasons provided by 

the commenter. We have revised the 

applicability statement of the AD 

accordingly. 

Request To Change Repair Contact 

Authority 

Embraer requests that we change 

paragraph (f)(2) of the NPRM to require 

that any repair of detected cracking or 

deformation be approved by either the 

FAA or the ANAC, and that Embraer 

may be contacted for repair support. 

Embraer states that the appropriate 

corrective action would be applying an 

authority-approved repair to the 

damaged wing rib and spar flanges. 

We disagree with the commenter’s 

request to change paragraph (f)(2) of this 

AD. As specified in paragraph (g)(2) of 

this AD, corrective actions obtained 

from a manufacturer cannot be used 

unless they are FAA-approved. 

Paragraph (g)(2) of this AD also states 

that corrective actions are considered 

FAA-approved if they are approved by 

the State of Design Authority, in this 

case ANAC (or its delegated agent). We 

have not changed the AD in this regard. 

Request To State When No Further 

Action Is Required 

Embraer requests that we add a 

paragraph (f)(3) to the NPRM stating ‘‘If 

no cracking or deformation is detected 

during the inspection required by 

paragraph (f)(1) of this AD, no further 

action is required.’’ Embraer did not 

provide justification for this request. 

We agree with Embraer’s request to 

add the statement as clarification. We 

have therefore added paragraph (f)(3) to 

the AD. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the NPRM, we have 

increased the labor rate used in the 

Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of 

Compliance information, below, reflects 

this increase in the specified hourly 

labor rate. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously. 

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7930 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 

We determined that these changes will 

not increase the economic burden on 

any operator or increase the scope of the 

AD. 

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 

27 products of U.S. registry. We also 

estimate that it will take about 10 workhours 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 $22,950, or $850 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: 

2010–04–08 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16201. Docket No. 

FAA–2009–0418; Directorate Identifier 

2009–NM–020–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 30, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) Model ERJ 

190–100 LR, –100 IGW, –100 STD, –200 STD, 

–200 LR, and –200 IGW airplanes, 

certificated in any category, serial numbers 

19000002, 19000004, and 19000006 through 

19000062 inclusive. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During routine inspection procedures on 

the wing assembly line it was identified the 

possibility of cracks and deformation 

developing during assembly on the internal 

wing spars and rib flanges, causing a safe[ty] 

margin reduction. 

* * * * * 

The unsafe condition is cracking and 

deformation of wing spar and rib flanges, 

which could result in loss of structural 

integrity of the wing. Corrective actions 

include performing a detailed inspection for 

damage on wing spar I, II, and III flanges and 

on certain rib flanges, and contacting Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC) (or its 

delegated agent) and Embraer for an 

approved repair. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Before the accumulation of 5,000 total 

flight cycles on the airplane, or within 1,000 

flight cycles after the effective date of this 

AD, whichever occurs later: Perform a 

detailed inspection of the left and right wing 

rib and spars I, II, and III flanges to detect 

cracking or deformation, in accordance with 

the Accomplishment Instructions of Embraer 

Service Bulletin 190–57–0023, dated June 9, 

2008. 

(2) If any cracking or deformation is 

detected during the inspection required by 

paragraph (f)(1) of this AD, before further 

flight, send the inspection results and request 

for repair instructions to ANAC (or its 

delegated agent) and Embraer Technical 

Support; e-mail: structure@embraer.com.br; 

and do the repair. 

(3) If no cracking or deformation is 

detected during the inspection required by 

paragraph (f)(1) of this AD, no further action 

is required by this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Although the MCAI or service information 

allows further flight after cracks are found 

during compliance with the required action, 

paragraph (f)(2) of this AD requires that you 

repair the crack(s) before further flight. 

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, 

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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 7931 

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. 

(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 2008–10–03, effective October 21, 

2008; and Embraer Service Bulletin 190–57– 

0023, dated June 9, 2008; for related 

information. 

Material Incorporated by Reference 

(i) You must use Embraer Service Bulletin 

190–57–0023, dated June 9, 2008, as 

applicable, 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 or 425–227–1152. 

(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 February 

5, 2010. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–3116 Filed 2–22–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0038; Directorate 

Identifier 2009–NM–110–AD; Amendment 

39–16203; AD 2010–04–10] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A380–841, –842, and –861 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding an 

existing 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 the flight test campaign of the 

A380–861 model (Engine Alliance powered), 

some cracks were found on the Movable Flap 

Track Fairing number 6 (MFTF#6). 

These cracks were located at the pivot 

attachment support-ring and at the U-frame 

in the attachment area to aft-kinematic. In 

addition, delamination has been observed 

within the monolithic Carbon Fibre 

Reinforced Plastic (CFRP) structure around 

the pivot support-ring. 

This condition, if not corrected, could lead 

to in-flight loss of the MFTF#6, potentially 

resulting in injuries to persons on the 

ground. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

March 10, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of March 10, 2010. 

On May 28, 2009 (74 FR 22422, May 

13, 2009), the Director of the Federal 

Register approved the incorporation by 

reference of a certain other publication 

listed in the AD. 

We must receive comments on this 

AD by April 9, 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. 

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 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: 

Discussion 

On May 1, 2009, the FAA issued AD 

2009–10–07, Amendment 39–15902 (74 

FR 22422, May 13, 2009). That AD 

required actions intended to address an 

unsafe condition on the products listed 

above. 

Since we issued that AD, the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2009–0152, 

dated July 14, 2009 (referred to after this 

as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

During the flight test campaign of the 

A380–861 model (Engine Alliance powered), 

some cracks were found on the Movable Flap 

Track Fairing number 6 (MFTF#6). 

These cracks were located at the pivot 

attachment support-ring and at the U-frame 

in the attachment area to aft-kinematic. In 

addition, delamination has been observed 

within the monolithic Carbon Fibre 

Reinforced Plastic (CFRP) structure around 

the pivot support-ring. 

This condition, if not corrected, could lead 

to in-flight loss of the MFTF#6, potentially 

resulting in injuries to persons on the 

ground. 

To prevent the risk of a MFTF#6 

detachment, EASA AD 2008–0216 (which 

corresponds to FAA AD 2009–10–07) 

required an inspection programme in order to 

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