Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Proposed Rules 41805 

amend part 274A of title 8 of the Code 

of Federal Regulations as follows: 

8 CFR CHAPTER 1—DEPARTMENT OF 

HOMELAND SECURITY 

PART 274a—CONTROL OF 

EMPLOYMENT OF ALIENS 

1. The authority citation for part 274a 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1624a, 8 

CFR part 2, Public Law 101–410, 104 Stat. 

890, as amended by Public Law 104–134, 110 

Stat. 1321. 

2. Section 274a.1 is proposed to be 

amended by revising paragraph (l) to 

read as follows: 

§ 274a.1 Definitions. 

* * * * * 

(l)(1) The term knowing includes not 

only actual knowledge but also 

knowledge which may fairly be inferred 

through notice of certain facts and 

circumstances which would lead a 

person, through the exercise of 

reasonable care, to know about a certain 

condition. Constructive knowledge may 

include, but is not limited to, situations 

where an employer: 

(i) Fails to complete or improperly 

completes the Employment Eligibility 

Verification Form, I–9; 

(ii) Has information available to it that 

would indicate that the alien is not 

authorized to work, such as Labor 

Certification and/or an Application for 

Prospective Employer; or 

(iii) Acts with reckless and wanton 

disregard for the legal consequences of 

permitting another individual to 

introduce an unauthorized alien into its 

work force or to act on its behalf. 

(2) Knowledge that an employee is 

unauthorized may not be inferred from 

an employee’s foreign appearance or 

accent. Nothing in this definition 

should be interpreted as permitting an 

employer to request more or different 

documents than are required under 

section 274(b) of the Act or to refuse to 

honor documents tendered that on their 

face reasonably appear to be genuine 

and to relate to the individual. 

Janet Napolitano, 

Secretary. 

[FR Doc. E9–19826 Filed 8–18–09; 8:45 am] 

BILLING CODE 9111–28–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0715; 

Directorate Identifier 2008–NM–211– 

AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–120, –120ER, 

–120FC, –120QC, and –120RT 

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: It has been found the 

occurrence of corrosion on the Auxiliary 

Power Unit (APU) mounting rods that 

could cause the APU rod to break, 

affecting the APU support structure 

integrity. 

APU support structure failure could 

result in undetectable fire in the tail 

cone and possible loss of control 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 September 18, 

2009. 

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: 

Sanjay Ralhan, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1405; 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 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0715; Directorate Identifier 

2008–NM–211–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 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 

2008–08–01, dated October 21, 2008 


CPrice-Sewell on DSK1DXX6B1PROD with PROPOSALS
41806 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Proposed Rules 

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

correct an unsafe condition for the 

specified products. The MCAI states: 

It has been found the occurrence of 

corrosion on the Auxiliary Power Unit (APU) 

mounting rods that could cause the APU rod 

to break, affecting the APU support structure 

integrity. 

APU support structure failure could 

result in undetectable fire in the tail 

cone and possible loss of control of the 

airplane. Required actions include 

repetitive inspections for corrosion of 

the APU auxiliary and center mounting 

rods and rod ends, and corrective 

actions if necessary. Corrective actions 

include removing corrosion, applying 

anticorrosive treatment, and replacing 

mounting rods. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Embraer has issued Service Bulletin 

120–49–0023, Revision 01, dated June 

30, 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 90 products of U.S. registry. 

We also estimate that it would take 

about 8 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$57,600, or $640 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–2009– 

0715; Directorate Identifier 2008–NM– 

211–AD. 

Comments Due Date 

(a) We must receive comments by 

September 18, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to EMBRAER Model 

EMB–120, –120ER, –120FC, –120QC, and 

–120RT airplanes, certified in any category; 

as identified in Embraer Service Bulletin 

120–49–0023, Revision 01, dated June 30, 

2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 49: Airborne Auxiliary Power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the occurrence of 

corrosion on the Auxiliary Power Unit (APU) 

mounting rods that could cause the APU rod 

to break, affecting the APU support structure 

integrity. 

APU support structure failure could result in 

undetectable fire in the tail cone and possible 

loss of control of the airplane. Required 

actions include repetitive inspections for 

corrosion of the APU auxiliary and center 

mounting rods and rod ends, and corrective 

actions if necessary. Corrective actions 

include removing corrosion, applying 

anticorrosive treatment, and replacing 

mounting rods. 

Actions and Compliance 

(f) Unless already done do the following 

actions: 

(1) Within 500 flight hours or two months 

after the effective date of this AD, whichever 

occurs first, do an external detailed 

inspection for corrosion of the APU, auxiliary 

and center mounting rods, and rod ends. 

Repeat the inspections thereafter at intervals 

not to exceed 1,500 flight hours or 6 months, 


CPrice-Sewell on DSK1DXX6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Proposed Rules 41807 

whichever occurs first. If any corrosion is 

found during any inspection, before further 

flight, do the actions required by paragraphs 

(f)(1)(i), (f)(1)(ii), and (f)(1)(iii) of this AD, as 

applicable. Do all actions required by this 

paragraph in accordance with the 

Accomplishment Instructions of Embraer 

Service Bulletin 120–49–0023, Revision 01, 

dated June 30, 2008. 

(i) If light corrosion (characterized by 

discoloration or pitting) is found on a 

mounting rod, remove the corrosion and 

apply an anticorrosive treatment. 

(ii) If moderate corrosion (characterized by 

surface blistering or evidence of scaling and 

flaking), or heavy corrosion (characterized by 

severe blistering exfoliation, scaling and 

flaking) is found, replace the affected 

mounting rod with a new mounting rod 

having the same part number. 

(iii) If any corrosion is detected on the rod 

ends, remove the corrosion and apply an 

anticorrosive treatment. 

(2) Accomplishing of the inspection and 

corrective actions required by paragraph 

(f)(1) of this AD before the effective date of 

this AD in accordance with Embraer Service 

Bulletin 120–49–0023, dated April 18, 2008, 

is acceptable for compliance with the 

corresponding requirements of paragraph 

(f)(1) of this AD. 

(3) Submit a report of the positive findings 

(including level of corrosion such as Light, 

Moderate, or Heavy as identified in Embraer 

Corrosion Prevention Manual (CPM) 51–11– 

01, on the external surface of the rods as well 

as the rod ends) of the inspection required by 

paragraph (f)(1) of this AD to Mr. Antonio 

Claret—Customer Support Group, Embraer 

Aircraft Holding, Inc, 276 S.W. 34th Street 

Fort Lauderdale, FL 33315—USA; telephone 

(954) 359–3826, at the applicable time 

specified in paragraph (f)(3)(i) or (f)(3)(ii) of 

this AD. The report must include the 

inspection results, a description of any 

discrepancies found, the airplane serial 

number, and the number of landings and 

flight hours on the airplane. 

(i) If the inspection was done on or after 

the effective date of this AD: Submit the 

report within 30 days after the inspection. 

(ii) If the inspection was accomplished 

prior to the effective date of this AD: Submit 

the report within 30 days after the effective 

date of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

(1) Brazilian Airworthiness Directive 2008– 

08–01, dated October 21, 2008, requires only 

a one-time inspection with a compliance 

time of 1,500 flight hours or 6 months after 

the effective date of the Brazilian AD, 

whichever occurs first. However, we have 

determined that, since the exterior surface of 

the mounting rods is cadmium-plated and 

corrosion propagates from inside out, a onetime inspection may not identify the 

corroded rods if corrosion did not become 

evident through the cadmium-plated exterior 

surface. This one-time inspection will not 

reveal the extent of damage to these rods on 

the existing fleet and may require subsequent 

non-destructive inspections (NDI) to 

determine the final action. This AD instead 

requires an initial inspection within the next 

500 flight hours or 2 months after the 

effective date of this AD, whichever occurs 

first; and repetitive inspections at intervals 

not to exceed 1,500 flight hours or 6 months, 

whichever occurs first. This difference has 

been coordinated with the Agencia Nacional 

De Aviacao Civil—Brazil (ANAC). 

(2) Although Brazilian Airworthiness 

Directive 2008–08–01, dated October 21, 

2008, does not include a reporting 

requirement, the service bulletin identified in 

paragraph (f)(1) of this AD does specify 

reporting findings to Embraer. This AD 

requires that operators report the results of 

the inspections to Embraer because the 

required inspection report will help 

determine the extent of the corrosion in the 

affected fleet, from which we will determine 

if further corrective action is warranted. This 

difference has been coordinated with ANAC. 

(3) Brazilian Airworthiness Directive 2008– 

08–01, dated October 21, 2008, allows 

replacement of the affected APU mounting 

rods by ‘‘new ones bearing a new P/N [part 

number] approved by ANAC [Ageˆncia 

Nacional de Aviac ̧a ̃o Civil].’’ However, 

paragraph (f)(1)(ii) of this AD requires 

replacing the affected mounting rod only 

with a new mounting rod having the same 

part number. Operators may request approval 

of an alternative method of compliance in 

order to install a new part number in 

accordance with the procedures specified in 

paragraph (g)(1) of this AD. This difference 

has been coordinated with ANAC. 

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: Sanjay Ralhan, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1405; fax (425) 227–1149. 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, 

the Office of Management and Budget (OMB) 

has approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

(4) Special Flight Permits: Special flight 

permits may be issued in accordance with 

sections 21.197 and 21.199 of the Federal 

Aviation Regulations (14 CFR 21.197 and 

21.199) to operate the airplane to a location 

where the airplane can be modified (if the 

operator elects to do so), except if two or 

more center mounting rods or rod ends are 

heavily corroded or broken, a special flight 

permit is not permitted. 

Related Information 

(h) Refer to MCAI Brazilian Airworthiness 

Directive 2008–08–01, dated October 21, 

2008, and Embraer Service Bulletin 120–49– 

0023, Revision 01, dated June 30, 2008, for 

related information. 

Issued in Renton, Washington, on August 

7, 2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–19851 Filed 8–18–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0716; Directorate 

Identifier 2008–NM–212–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 

Airplanes; and Empresa Brasileira de 

Aeronautica S.A. (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: It has been found the 

occurrence of corrosion on the Auxiliary 

Power Unit (APU) mounting rods that 

could cause the APU rod to break, 

affecting the APU support structure 

integrity. 

APU support structure failure could 

result in undetectable fire in the tail 

cone and possible loss of control of the 

airplane. The proposed AD would 

require actions that are intended to 

address the unsafe condition described 

in the MCAI. 


CPrice-Sewell on DSK1DXX6B1PROD with PROPOSALS