63048 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

TABLE 1—COMPLIANCE TIMES FOR REPEAT INSPECTIONS—Continued 

If the location has— Then repeat the inspection— 

A tension bolt that was replaced as required by paragraph (j) of this AD Within 4,000 flight cycles or 24 months, whichever occurs earlier after 

doing the replacement. 

A tension bolt that was not replaced and any defects were repaired as 

required by paragraph (j) of this AD.

Within 4,000 flight cycles or 24 months, whichever occurs earlier after 

doing the repair specified in paragraph (j) of this AD. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Although BAE SYSTEMS (OPERATIONS) 

LIMITED Service Bulletin ISB.57–033, 

Revision 9, dated October 10, 2006, allows 

additional time to rectify the defect for the 

corrective action depending on the condition, 

this AD requires rectifying the defect before 

further flight. 

Other FAA AD Provisions 

(l) 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 

(m) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2007– 

0270 R1, dated November 7, 2007; and BAE 

SYSTEMS (OPERATIONS) LIMITED 

Inspection Service Bulletin ISB.57–033, 

Revision 9, dated October 10, 2006; for 

related information. 

Material Incorporated by Reference 

(n) You must use BAE SYSTEMS 

(OPERATIONS) LIMITED Inspection Service 

Bulletin ISB.57–033, Revision 9, dated 

October 10, 2006; 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 BAE SYSTEMS 

(OPERATIONS) LIMITED, Customer 

Information Department, Prestwick 

International Airport, Ayrshire, KA9 2RW, 

Scotland, United Kingdom; telephone +44 

1292 675207; fax +44 1292 675704; e-mail 

RApublications@baesystems.com; Internet 

http://www.baesystems.com/Businesses/ 

RegionalAircraft/index.htm. 

(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 

September 29, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25469 Filed 10–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0754 Directorate 

Identifier 2010–CE–039–AD; Amendment 

39–16475; AD 2010–21–15] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–500 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) 

issued 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 that certain regions of the 

elevators, elevators trim tabs, and ailerons do 

not present drain holes to avoid water 

accumulation inside of these flight control 

surfaces. Internal water accumulation may 

lead to flight control surfaces unbalancing 

possibly reducing the flutter margins, which 

could result in loss of airplane control. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

November 18, 2010. 

On November 18, 2010, the Director 

of the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; fax: (816) 

329–4090. 

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 August 3, 2010 (75 FR 

45558). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It has been found that certain regions of the 

elevators, elevators trim tabs, and ailerons do 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 63049 

not present drain holes to avoid water 

accumulation inside of these flight control 

surfaces. Internal water accumulation may 

lead to flight control surfaces unbalancing 

possibly reducing the flutter margins, which 

could result in loss of airplane control. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The MCAI requires you to drill new 

drain holes in the elevators, elevators 

trim tabs, and ailerons surfaces. 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 

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 FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

78 products of U.S. registry. We also 

estimate that it will take about 18 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 $128 per 

product. 

Based on these figures, we estimate 

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

to be $129,324 or $1,658 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 

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 Management Facility 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 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: 

2010–21–15 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16475; Docket No. 

FAA–2010–0754; Directorate Identifier 

2010–CE–039–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective November 18, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Model EMB–500 

airplanes, serial numbers 50000005 through 

50000134, 50000136, 50000137, and 

50000139 through 50000165, certificated in 

any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 27: Flight Controls. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found that certain regions of the 

elevators, elevators trim tabs, and ailerons do 

not present drain holes to avoid water 

accumulation inside of these flight control 

surfaces. Internal water accumulation may 

lead to flight control surfaces unbalancing 

possibly reducing the flutter margins, which 

could result in loss of airplane control. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The MCAI requires you to drill new drain 

holes in the elevators, elevators trim tabs, 

and ailerons surfaces. 

Actions and Compliance 

(f) Unless already done, within the next 24 

calendar months after November 18, 2010 

(the effective date of this AD), rework the 

elevators, elevators trim tabs, and ailerons 

surfaces by drilling additional drain holes in 

them following Empresa Brasileira de 

Aerona ́utica S.A. (EMBRAER) Service 

Bulletin 500–57–0001, dated April 28, 2010. 

FAA AD Differences 

Note: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 


emcdonald on DSK2BSOYB1PROD with RULES
63050 Federal Register / Vol. 75, No. 198 / Thursday, October 14, 2010 / Rules and Regulations 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, Standards 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: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090. 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 

(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 Ageˆncia Nacional de 

Aviac ̧a ̃o Civil—Brazil (ANAC), AD No.: 

2010–07–01, dated August 9, 2010; and 

Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER) Service Bulletin 500–57–0001, 

dated April 28, 2010, for related information. 

Material Incorporated by Reference 

(i) You must use Empresa Brasileira de 

Aerona ́utica S.A. (EMBRAER) Service 

Bulletin 500–57–0001, dated April 28, 2010, 

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 EMBRAER Empresa 

Brasileira de Aerona ́utica S.A., Phenom 

Maintenance Support, Av. Brig. Farina Lima, 

2170, Sao Jose dos Campos—SP, CEP: 12227– 

901—PO Box: 38/2, BRASIL, telephone: ++55 

12 3927–5383; fax: ++55 12 3927–2610; 

E-mail: reliability.executive@embraer.com.br; 

Internet: http://www.embraer.com.br. 

(3) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(4) You may also review copies of the 

service information incorporated by reference 

for this AD 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 Kansas City, Missouri, on 

September 30, 2010. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25283 Filed 10–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0969; Directorate 

Identifier 2009–SW–62–AD; Amendment 39– 

16461; AD 2010–21–01] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France (Eurocopter) Model AS350B, 

BA, B1, B2, B3, D, AS355E, F, F1, F2, 

and N Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

specified Eurocopter model helicopters. 

This AD results from a mandatory 

continuing airworthiness information 

(MCAI) AD issued by the European 

Aviation Safety Agency (EASA), which 

is the Technical Agent for the Member 

States of the European Community. The 

MCAI AD states that the AD is issued 

following a report of a crack discovered 

in the area of the center cross-member 

at station X 2325, at the attachment 

point of the yaw channel ball-type 

control sheath stop, of a Model AS355N 

helicopter fitted with the collective-toyaw control coupling. Investigations 

revealed that the helicopter did not have 

the structural doublers, which are 

combined with the collective-to-yaw 

control coupling installation. Repetitive 

loads on the non-modified crossmember may cause it to crack. A crack 

can reduce the yaw control travel. This 

AD requires actions that are intended to 

prevent reduced yaw control and 

subsequent loss of control of the 

helicopter. 

DATES: This AD becomes effective on 

October 29, 2010. 

The incorporation by reference of 

certain publications is approved by the 

Director of the Federal Register as of 

October 29, 2010. 

We must receive comments on this 

AD by December 13, 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 your 

comments electronically. 

• 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 W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

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

through Friday, except Federal holidays. 

You may get the service information 

identified in this AD from American 

Eurocopter Corporation, 2701 Forum 

Drive, Grand Prairie, Texas 75053–4005, 

telephone (800) 232–0323, fax (972) 

641–3510. 

Examining the 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 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is 

stated in the ADDRESSES section of this 

AD. Comments will be available in the 

AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aviation Safety Engineer, FAA, 

Rotorcraft Directorate, Regulations and 

Policy Group, 2601 Meacham Blvd., 

Fort Worth, Texas 76137, telephone 

(817) 222–5130, fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued Emergency AD 

No. 2007–0139–E, dated May 15, 2007 

(corrected May 23, 2007), to correct an 

unsafe condition for these Frenchcertificated helicopters. The MCAI AD 

states that the AD is issued following 

one report of a crack discovered in the 

area of the center cross-member at 

station X 2325, at the attachment point 

of the yaw channel ball-type control 

sheath stop, of an AS355N helicopter 

with the collective-to-yaw control 

coupling. Investigations revealed that 

the helicopter did not have the 

structural doublers, which are combined 

with the collective-to-yaw control 

coupling installation. Repetitive loads 

on the non-modified cross-member may 

cause it to crack. A crack can reduce the 

yaw control travel. 


emcdonald on DSK2BSOYB1PROD with RULES