260 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Proposed Rules 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 1,600 flight hours or 18 months 

after the effective date of this AD, whichever 

occurs first: Do an inspection to determine 

the serial number and identification 

markings on the selector valve of the NLG 

and the door selector valve of the NLG, in 

accordance with the Accomplishment 

Instructions of Bombardier Service Bulletin 

601R–32–104, dated March 3, 2009. 

(2) For any airplane having both the 

selector valve of the NLG and the door 

selector valve of the NLG that have a serial 

number outside the range 0001 through 2126 

inclusive, suffix ‘‘T’’ identification, or 

‘‘SB750006000–1’’ marking, no further action 

is required for that valve. 

(3) For any selector valve of the NLG or any 

door selector valve of the NLG that does not 

have any serial number or identification 

marking specified in paragraph (f)(2) of this 

AD: Before further flight, after doing the 

inspection required by paragraph (f)(1) of this 

AD, inspect to determine the torque value 

and correct lockwire installation of the valve, 

and modify (replace, rework, or re-identify) 

the valve, as applicable, in accordance with 

the Accomplishment Instructions of 

Bombardier Service Bulletin 601R–32–104, 

dated March 3, 2009. 

FAA AD Differences 

Note 1: 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: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, 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: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone (516) 228–7300; fax (516) 

794–5531. 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 FAAapproved 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 Canadian Airworthiness 

Directive CF–2009–19, dated April 29, 2009; 

and Bombardier Service Bulletin 601R–32– 

104, dated March 3, 2009; for related 

information. 

Issued in Renton, Washington, on 

December 23, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31290 Filed 1–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1231; Directorate 

Identifier 2009–NM–212–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes; 

and Model ERJ 190–100 STD, –100 LR, 

–100 IGW, –200 STD, –200 LR, and 

–200 IGW 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 

possibility of missing points of sealant 

application on the vapor barrier 

assembly in the wing stub rear box. In 

the event of fuel tank leak in this region 

associated with an unsealed vapor 

barrier assembly, migration of 

flammable vapors and fluids to middle 

electronic bay may occur, which then 

could lead to an uncontained fire event 

if the flammable vapors finds an 

ignition source. 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 February 19, 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 

W12–140, 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: 

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: 

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–2009–1231; Directorate Identifier 

2009–NM–212–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 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Proposed Rules 261 

closing date and may amend this 

proposed AD based on those comments. 

We have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

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 Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directives 2009–07–01 

and 2009–07–02, both effective July 13, 

2009 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

It has been found the possibility of missing 

points of sealant application on the vapor 

barrier assembly in the wing stub rear box. 

In the event of fuel tank leak in this region 

associated with an unsealed vapor barrier 

assembly, migration of flammable vapors and 

fluids to middle electronic bay may occur, 

which then could lead to an uncontained fire 

event if the flammable vapors finds an 

ignition source. 

* * * * * 

The required actions include a 

detailed inspection for gaps, voids, or 

holes in the sealant. Corrective actions 

include applying sealant in any gaps, 

voids, or holes. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Embraer has issued Service Bulletin 

170–57–0036, dated March 13, 2009; 

and Service Bulletin 190–57–0027, 

dated March 18, 2009. 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 197 products of U.S. 

registry. We also estimate that it would 

take about 5 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 

$78,800, or $400 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– 

1231; Directorate Identifier 2009–NM– 

212–AD. 

Comments Due Date 

(a) We must receive comments by February 

19, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD; certificated in any category. 

(1) 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, serial numbers 

17000002, 17000004 through 17000013 

inclusive, and 17000015 through 17000235 

inclusive. 

(2) Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 190–100 STD, –100 

LR, –100 IGW, –200 STD, –200 LR, and –200 

IGW airplanes, serial numbers 19000002, 

19000004, 19000006 through 19000108 


srobinson on DSKHWCL6B1PROD with PROPOSALS
262 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Proposed Rules 

inclusive, 19000110 through 19000139 

inclusive, 19000141 through 19000158 

inclusive, 19000160 through 19000176 

inclusive, 19000178 through 19000202 

inclusive, 19000204 through 19000213 

inclusive, and 19000215. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: It 

has been found the possibility of missing 

points of sealant application on the vapor 

barrier assembly in the wing stub rear box. 

In the event of fuel tank leak in this region 

associated with an unsealed vapor barrier 

assembly, migration of flammable vapors and 

fluids to middle electronic bay may occur, 

which then could lead to an uncontained fire 

event if the flammable vapors finds an 

ignition source. The required actions include 

a detailed inspection for gaps, voids, or holes 

in the sealant. Corrective actions include 

applying sealant into any gaps, voids, or 

holes. 

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 6,000 flight hours or 24 months 

after the effective date of this AD, whichever 

occurs first, do a detailed inspection of the 

vapor barrier assembly in the wing stub rear 

box for missing sealant which forms gaps, 

voids or holes, in accordance with the 

Accomplishment Instructions of Embraer 

Service Bulletin 170–57–0036, dated March 

13, 2009 (for Model ERJ 170–100 LR, –100 

STD, –100 SE, –100 SU, –200 LR, –200 STD, 

and –200 SU airplanes); or Embraer Service 

Bulletin 190–57–0027, dated March 18, 2009 

(for Model ERJ 190–100 STD, –100 LR, –100 

IGW, –200 STD, –200 LR, and –200 IGW 

airplanes). 

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation, 

or assembly to detect damage, failure, or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate access procedures 

may be required.’’ 

(2) If the vapor barrier sealant is found to 

be correctly applied in accordance with the 

Accomplishment Instructions of Embraer 

Service Bulletin 170–57–0036, dated March 

13, 2009 (for Model ERJ 170–100 LR, –100 

STD, –100 SE, –100 SU, –200 LR, –200 STD, 

and –200 SU airplanes); or Embraer Service 

Bulletin 190–57–0027, dated March 18, 2009 

(for Model ERJ 190–100 STD, –100 LR, –100 

IGW, –200 STD, –200 LR, and –200 IGW 

airplanes); no further action is required by 

this AD. 

(3) If any vapor barrier sealant is found 

missing (gaps, voids or holes) during the 

inspection required by paragraph (f)(1) of this 

AD, before further flight apply sealant into 

the applicable gaps, voids, and holes, in 

accordance with the Accomplishment 

Instructions of Embraer Service Bulletin 170– 

57–0036, dated March 13, 2009 (for Model 

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

SU, –200 LR, –200 STD, and –200 SU 

airplanes); or Embraer Service Bulletin 190– 

57–0027, dated March 18, 2009 (for Model 

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

STD, –200 LR, and –200 IGW airplanes). 

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 

Directives 2009–07–01 and 2009–07–02, both 

effective July 13, 2009; Embraer Service 

Bulletin 170–57–0036, dated March 13, 2009; 

and Embraer Service Bulletin 190–57–0027, 

dated March 18, 2009; for related 

information. 

Issued in Renton, Washington, on 

December 28, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–31276 Filed 1–4–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1228; Directorate 

Identifier 2009–NM–015–AD] 

RIN 2120–AA64 

Airworthiness Directives; Lockheed 

Martin Corporation/Lockheed Martin 

Aeronautics Company Model 382, 

382B, 382E, 382F, and 382G Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Lockheed Martin Corporation/Lockheed 

Martin Aeronautics Company Model 

382, 382B, 382E, 382F, and 382G 

airplanes. This proposed AD would 

require repetitive inspections for any 

damage of the lower surface of the 

center wing box, and corrective actions 

if necessary. This proposed AD results 

from reports of fatigue cracks of the 

lower surface of the center wing box. 

We are proposing this AD to detect and 

correct such cracks, which could result 

in the structural failure of the wings. 

DATES: We must receive comments on 

this proposed AD by February 19, 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 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Lockheed 

Martin Corporation/Lockheed Martin 

Aeronautics Company, Airworthiness 

Office, Dept. 6A0M, Zone 0252, Column 


srobinson on DSKHWCL6B1PROD with PROPOSALS