30284 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 

Actions Compliance Procedures 

(1) Clean and lubricate the aileron pushrod 

bearings.

Within the next 10 hours time-in-service (TIS) 

after July 6, 2010 (the effective date of this 

AD).

Follow Quartz Mountain Aerospace Mandatory Service Bulletin No. SB 09–02, dated 

May 5, 2009. 

(2) Lubricate the aileron pushrod bearings ........ Within 50 hours TIS after the cleaning and lubrication required by paragraph (f)(1) of this 

AD. Repetitively thereafter at intervals not 

to exceed 50 hours TIS.

Follow Quartz Mountain Aerospace Mandatory Service Bulletin No. SB 09–02, dated 

May 5, 2009. 

Special Flight Permit 

(g) Under 14 CFR part 39.23, a special 

flight is not permitted for this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Fort Worth 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: Garry D. Sills, 

Aerospace Engineer, Rotorcraft Directorate— 

Airplane Certification Office, ASW–150, 

2601 Meacham Blvd, Fort Worth, Texas 

76193; telephone: (817) 222–5154; facsimile: 

(817) 222–5960. 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. 

Material Incorporated by Reference 

(i) You must use Quartz Mountain 

Aerospace Mandatory Service Bulletin No. 

SB 09–02, dated May 5, 2009, 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) Quartz Mountain Aerospace, Inc. is in 

liquidation. For service information 

identified in this AD, contact Manager, Fort 

Worth Aircraft Certification Office, FAA, 

ATTN: Garry D. Sills, Aerospace Engineer, 

Rotorcraft Directorate—Airplane Certification 

Office, ASW–150, 2601 Meacham Blvd, Fort 

Worth, Texas 76193; telephone: (817) 222– 

5154; fax: (817) 222–5960. 

(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 May 

14, 2010. 

Kim Smith, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2010–12302 Filed 5–28–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0176; Directorate 

Identifier 2009–NM–201–AD; Amendment 

39–16318; AD 2010–11–13] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 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 ERJ 170 airplane full scale fatigue 

test, cracks were found in some structural 

components of the airplane. Analysis of these 

cracks resulted in modifications on the 

airplane Airworthiness Limitation Items 

(ALI), to include new inspections tasks or 

modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these components 

according to the new tasks, thresholds and 

intervals, could prevent a timely detection of 

fatigue cracks. Undetected fatigue cracks in 

these areas could adversely affect the 

structural integrity of these airplanes. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

July 6, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of July 6, 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 March 4, 2010 (75 FR 9811). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During ERJ 170 airplane full scale fatigue 

test, cracks were found in some structural 

components of the airplane. Analysis of these 

cracks resulted in modifications on the 

airplane Airworthiness Limitation Items 

(ALI), to include new inspections tasks or 

modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these components 

according to the new tasks, thresholds and 

intervals, could prevent a timely detection of 

fatigue cracks. Undetected fatigue cracks in 

these areas could adversely affect the 

structural integrity of these airplanes. 

* * * * * 

The corrective action is revising the 

Airworthiness Limitations section of the 

Instructions for Continued 

Airworthiness to incorporate new 

structural inspection requirements. 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 


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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 30285 

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 our FAA 

policies. Any such differences are 

highlighted in a Note within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

166 products of U.S. registry. We also 

estimate that it will take about 1 workhour 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 $14,110, 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 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: 

2010–11–13 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16318. Docket No. 

FAA–2010–0176; Directorate Identifier 

2009–NM–201–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 6, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Empresa 

Brasileira de Aeronautica S.A. (EMBRAER) 

Model ERJ 170–100 LR, –100 STD, –100 SE, 

–100 SU, –200 LR, –200 STD, and –200 SU 

airplanes; certificated in any category. 

Note 1: 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 (h)(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. 

The FAA has provided guidance for this 

determination in Advisory Circular (AC) 25– 

1529–1A. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage; 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

During ERJ 170 airplane full scale fatigue 

test, cracks were found in some structural 

components of the airplane. Analysis of these 

cracks resulted in modifications on the 

airplane Airworthiness Limitation Items 

(ALI), to include new inspections tasks or 

modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these components 

according to the new tasks, thresholds and 

intervals, could prevent a timely detection of 

fatigue cracks. Undetected fatigue cracks in 

these areas could adversely affect the 

structural integrity of these airplanes. 

* * * * * 

The corrective action is revising the 

Airworthiness Limitations Section (ALS) of 

the Instructions for Continued Airworthiness 

(ICA) to incorporate new structural 

inspection requirements. 

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) Unless already done, do the following 

actions. 

(1) Within 90 days after the effective date 

of this AD, revise the ALS of the ICA to 

incorporate the inspection tasks identified in 

the EMBRAER temporary revisions (TRs) to 

Appendix A—Part 2 of the EMBRAER 170 

Maintenance Review Board Report MRB– 

1621, listed in Table 1 of this AD. The initial 

compliance times for the tasks start from the 

applicable threshold times specified in the 

TRs for the corresponding tasks of the 

maintenance review board report or within 

500 flight cycles after the effective date of 

this AD, whichever occurs later. For certain 


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30286 Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 

tasks, the compliance times depend on the 

pre-modification and post-modification 

status of the actions specified in the 

associated service bulletin, as specified in the 

‘‘Applicability’’ column of the applicable TRs 

identified in Table 1 of this AD. The 

threshold values stated in the TRs referenced 

in Table 1 of this AD are total flight cycles 

on the airplane since the date of issuance of 

the original Brazilian airworthiness 

certificate or the date of issuance of the 

original Brazilian export certificate of 

airworthiness. 

TABLE 1—INSPECTION TASKS

TR Date Subject Task No. 

TR 4–1 ............ October 15, 2007 ...................................... Ram air turbine compartment, support structure and cutout 

structure—internal.

53–10–012–0002 

53–10–012–0003 

Nose landing gear wheel well metallic structure ................... 53–10–021–0005 

53–10–021–0006 

TR 4–3 ............ December 6, 2007 ..................................... Wing stub spar 3 side fitting—internal ................................... 57–01–012–001 

Wing upper skin panels—external ......................................... 57–10–010–0002 

Fixed trailing edge lower skin panel—external ...................... 57–50–002–0002 

Fixed trailing edge rib 4A—external ....................................... 57–50–005–0003 

Fixed trailing edge rib 6—internal .......................................... 57–50–005–0004 

TR 4–4 ............ January 18, 2008 ...................................... Wing stub main box lower—internal ...................................... 57–01–002–003 

(2) After accomplishing the actions 

specified in paragraph (g)(1) of this AD, no 

alternative inspections or inspection 

intervals may be used unless the inspection 

or inspection interval is approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, or the 

Ageˆncia Nacional de Aviac ̧a ̃o Civil (ANAC) 

(or its delegated agent); or unless the 

inspection or interval is approved as an 

alternative method of compliance (AMOC) in 

accordance with the procedures specified in 

paragraph (h)(1) of this AD. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(h) 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, 

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. 

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 

(i) Refer to MCAI Brazilian Airworthiness 

Directive 2009–04–01, dated April 29, 2009; 

and the TRs to Appendix A—Part 2 of the 

EMBRAER 170 Maintenance Review Board 

Report MRB–1621, identified in Table 2 of 

this AD; for related information. 

TABLE 2—TEMPORARY REVISIONS

EMBRAER temporary 

revisions Date 

TR 4–1 ...................... October 15, 2007. 

TR 4–3 ...................... December 6, 2007. 

TR 4–4 ...................... January 18, 2008. 

Material Incorporated by Reference 

(j) You must use the service information 

contained in Table 3 of this AD 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. 

(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. 

TABLE 3—MATERIAL INCORPORATED BY REFERENCE

EMBRAER temporary 

revision— Dated— To— 

4–1 ............................ October 15, 2007 ................................................. Appendix A—Part 2 of the EMBRAER 170 Maintenance Review 

Board Report MRB–1621. 

4–3 ............................ December 6, 2007 ............................................... Appendix A—Part 2 of the EMBRAER 170 Maintenance Review 

Board Report MRB–1621. 

4–4 ............................ January 18, 2008 ................................................. Appendix A—Part 2 of the EMBRAER 170 Maintenance Review 

Board Report MRB–1621. 


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Federal Register / Vol. 75, No. 104 / Tuesday, June 1, 2010 / Rules and Regulations 30287 

Issued in Renton, Washington, on May 14, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–12671 Filed 5–28–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0132; Directorate 

Identifier 2008–NM–081–AD; Amendment 

39–16306; AD 2010–11–01] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ, 

–135ER, –135KE, –135KL, –135LR, 

–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

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 aircraft full scale fatigue test, it has 

been found the occurrence of cracks in the 

cockpit windshield post lower eyelet fitting 

at the attachment of the center post on the 

forward fuselage (SSI 53–10–19). Further 

analysis of this cracking resulted in 

modifications on the aircraft Airworthiness 

Limitation Items (ALI), to include new 

inspection tasks and its respective intervals. 

Undetected fatigue cracking in this area 

could adversely affect the structural integrity 

of these airplanes. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective July 

6, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of July 6, 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: 

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 

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 February 18, 2009 (74 FR 

7570). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

During aircraft full scale fatigue test, it has 

been found the occurrence of cracks in the 

cockpit windshield post lower eyelet fitting 

at the attachment of the center post on the 

forward fuselage (SSI 53–10–19). Further 

analysis of this cracking resulted in 

modifications on the aircraft Airworthiness 

Limitation Items (ALI), to include new 

inspection tasks and its respective intervals. 

Undetected fatigue cracking in this area 

could adversely affect the structural integrity 

of these airplanes. 

The corrective action is revising the 

Airworthiness Limitations Section 

(ALS) of the Instructions for Continued 

Airworthiness to incorporate new 

structural inspection requirements. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Explanation of Revised Service 

Information 

Empresa Brasileira de Aeronautica 

S.A. (EMBRAER) has issued Revision 

12, dated September 19, 2008, of 

Appendix 2, ‘‘Airworthiness Limitation 

Requirements,’’ of EMBRAER EMB135/ 

EMB145 Maintenance Review Board 

Report (MRBR) MRB–145/1150. In the 

NPRM we referred to EMBRAER 

EMB135/EMB145 MRBR MRB–145/ 

1150, Revision 11, dated September 19, 

2007, as an appropriate source of service 

information. 

We have revised paragraph Table 1 of 

this AD to refer to Appendix 2, 

‘‘Airworthiness Limitation 

Requirements,’’ of EMBRAER EMB135/ 

EMB145 MRBR MRB–145/1150, 

Revision 12, dated September 19, 2008. 

We have also added a new paragraph 

(f)(3) to this AD to specify that actions 

done before the effective date of this AD 

in accordance with EMBRAER EMB135/ 

EMB145 MRBR MRB–145/1150, 

Revision 11, dated September 19, 2007, 

are acceptable for compliance with the 

corresponding requirements of this AD. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request To Extend Grace Period 

EMBRAER requests that we consider 

extending the grace period for doing the 

tasks required by paragraph (f) of the 

NPRM from 200 flight cycles after 

revising the ALS to 500 flight cycles 

after revising the ALS. EMBRAER 

explains that the extension of the grace 

period would allow operators to better 

program their maintenance schedules, 

thereby avoiding grounding airplanes 

without affecting flight safety. 

We disagree with the request to 

extend the grace period to 500 flight 

cycles after revising the ALS. The 

commenter did not provide any 

technical information to substantiate the 

assertion that the extension would not 

adversely affect flight safety. However, 

under the provisions of paragraph (g)(1) 

of this AD, we will consider requests for 

adjustments to the grace period if data 

are submitted to substantiate that such 

an adjustment would provide an 

acceptable level of safety. We have not 

changed the AD in this regard. 

Request To Allow Later Revisions of 

Service Information 

EMBRAER recommends that we 

accept later revisions of Appendix 2, 

‘‘Airworthiness Limitation 

Requirements,’’ of EMBRAER EMB135/ 

EMB145 Maintenance Review Board 

Report (MRBR) MRB–145/1150, 

Revision 11, dated September 19, 2007. 

EMBRAER points out that AD 2008–13– 

14, Amendment 39–15577 (73 FR 

35904, June 25, 2008), accepts later 

revisions of the MRBR included in that 

AD. 

We disagree with adding a general 

statement to the AD that accepts any 

later revision of EMBRAER MRBR 

MRB–145/1150, Revision 11, dated 

September 19, 2007, that we have not 

reviewed and approved. We note that 

we approved use of later revisions of the 

MRBR referenced in AD 2008–13–14 

only if approved by the Manager, ANM– 

116, FAA, or Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (or its delegated agent). 

We cannot use the phrase, ‘‘or later 

FAA-approved revisions,’’ in an AD 

when referring to the service document 

because doing so violates Office of the 

Federal Register (OFR) regulations for 

approval of materials ‘‘incorporated by 

reference’’ in rules. To allow operators 

to use later revisions of the referenced 

document (issued after publication of 

the AD), either we must revise the AD 

to reference specific later revisions, or 


srobinson on DSKHWCL6B1PROD with RULES