Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Rules and Regulations 26883 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue, SW., Renton, Washington 98057– 

3356; telephone (425) 227–1138; 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 ensure 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 Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency (EASA) 

Airworthiness Directive 2009–0115, dated 

May 29, 2009; and Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009; for related information. 

Material Incorporated by Reference 

(j) You must use Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009, to do the actions required by 

this AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

previously approved the incorporation by 

reference of Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009, on January 29, 2010 (75 FR 

2057, January 14, 2010). 

(2) For service information identified in 

this AD, contact Airbus SAS—Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80; e-mail 

airworthiness.A330–A340@airbus.com; 

Internet http://www.airbus.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. 

Issued in Renton, Washington, on May 3, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–11187 Filed 5–12–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0614; Directorate 

Identifier 2009–NM–045–AD; Amendment 

39–16286; AD 2010–10–07] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and Model 

ERJ 190 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: 

It has been found the occurrence of 

outboard slat skew sensor failure in open or 

closed position. The combination of an 

outboard slat skew sensor failed closed, an 

outboard slat actuator structural failure 

(rupture) and its adjacent actuator torque 

limiter failing high (allows higher loads to 

the panel structure) occurring in the same 

slat surface, under normal flight loads, may 

lead [the] slat surface to detach from the wing 

with the possibility of hitting and damaging 

the horizontal stabilizer and elevator, which 

may affect the airplane controllability. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective June 

17, 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 July 22, 2009 (74 FR 36129). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found the occurrence of 

outboard slat skew sensor failure in open or 

closed position. The combination of an 

outboard slat skew sensor failed closed, an 

outboard slat actuator structural failure 

(rupture) and its adjacent actuator torque 

limiter failing high (allows higher loads to 

the panel structure) occurring in the same 

slat surface, under normal flight loads, may 

lead [the] slat surface to detach from the wing 

with the possibility of hitting and damaging 

the horizontal stabilizer and elevator, which 

may affect the airplane controllability. 

* * * * * 

Corrective actions include repetitive 

operational tests of the outboard slat 

skew sensor, and replacement with a 

serviceable outboard slat skew sensor if 

necessary. 

You may obtain further information 

by examining the MCAI in the AD 

docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Request To Remove Reference to the 

Revision Level of the Airplane 

Maintenance Manual (AMM) Task 

Embraer requests that we remove 

reference to the specific revision of the 

AMM task specified in Note 1 of the 

NPRM. Embraer explains that since 

AMMs are often revised to improve task 

procedures, changes to other tasks might 

force the subsequent tasks to be ‘‘repaged and re-dated.’’ Embraer points out 

that changes made to improve task 

procedures do not change the intent of 

the tasks and that the specific task 

number will always refer to the specific 

task, regardless of revision level. 

Embraer notes that referring to a specific 

revision will cause operators to request 

alternative methods of compliance 

(AMOCs) for updated AMM tasks that 

might be identical. 

Embraer suggests that if it is necessary 

to refer to a specific revision of the 

AMM, we should not refer to the AMM 

task, but instead include the text of the 


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26884 Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Rules and Regulations 

outboard slat skew sensor operational 

test directly in the text of the AD. 

Embraer also suggests that another 

alternative would be to mandate 

revision of the Airworthiness 

Limitations Section of the Instructions 

for Continued Airworthiness to 

incorporate Task 27–83–01–001 of the 

latest revision of the Maintenance 

Review Board Report, but with a 

reduced interval mandated by the AD. 

We disagree with the request to 

remove reference to a specific revision 

of the AMM task and the alternative 

suggestions to either include the text of 

the outboard slat skew sensor 

operational test directly in the text of 

the AD, or to mandate the revision of 

the Airworthiness Limitations Section 

of the Instructions for Continued 

Airworthiness to incorporate Task 27– 

83–01–001 of the latest revision of the 

Maintenance Review Board Report. 

As stated in the commenter’s request, 

the AMM may be revised to improve the 

task procedures, which could include 

substantive changes. We assume that 

this is also true for Task Number 27–83– 

01–710–801–A, ‘‘Outboard Slat Skew 

Sensor-Operational Test.’’ We have 

reviewed the task as it currently exists, 

which has a date of October 28, 2008, 

and acknowledge that this task 

addresses the unsafe condition. It is 

impossible for us to anticipate what 

changes might be made to a task in 

future revisions, and we might not agree 

that the revised task adequately 

addresses the unsafe condition. 

Operators are not required to use this 

task to accomplish the requirements of 

this AD. We point out that the task 

referenced in Note 1 of this AD is 

provided merely for operators to use as 

a source of guidance. Regardless of the 

method used to comply with the 

requirements of this AD, operators are 

required to contact us or the Ageˆncia 

Nacional de Aviac ̧a ̃o Civil ANAC (or its 

delegated agent) for approval of all 

methods of compliance for this AD. We 

have not changed the AD in this regard. 

Conclusion 

We reviewed the available data, 

including the comment received, 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. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the NPRM, we have 

increased the labor rate used in the 

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

Compliance information, below, reflects 

this increase in the specified hourly 

labor rate. 

Costs of Compliance 

We estimate that this AD will affect 

223 products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

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

be $37,910, or $170 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, 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: 

2010–10–07 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16286. Docket No. 

FAA–2009–0614; Directorate Identifier 

2009–NM–045–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective June 17, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

certificated in any category, identified in 

paragraphs (c)(1) and (c)(2) of the AD. 

(1) EMBRAER Model ERJ 170–100 LR, 

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

STD, and –200 SU airplanes, equipped with 

outboard slat skew sensor part number (P/N) 

1702286A or 1702288A. 


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Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Rules and Regulations 26885 

(2) EMBRAER Model ERJ 190–100 ECJ, 

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

–200 LR, and –200 IGW airplanes, equipped 

with outboard slat skew sensor P/N 

1702286A or 1702288A. 

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 occurrence of 

outboard slat skew sensor failure in open or 

closed position. The combination of an 

outboard slat skew sensor failed closed, an 

outboard slat actuator structural failure 

(rupture) and its adjacent actuator torque 

limiter failing high (allows higher loads to 

the panel structure) occurring in the same 

slat surface, under normal flight loads, may 

lead [the] slat surface to detach from the wing 

with the possibility of hitting and damaging 

the horizontal stabilizer and elevator, which 

may affect the airplane controllability.’’ 

* * * * * 

Corrective actions include repetitive 

operational tests of the outboard slat skew 

sensor, and replacement with a serviceable 

outboard slat skew sensor if necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) At the applicable compliance time in 

paragraph (f)(1)(i) or (f)(1)(ii) of this AD: 

Perform an operational test (OPT) of any 

outboard slat skew sensor having P/N 

1702286A or P/N 1702288A. If any outboard 

slat skew sensor fails the test, replace the 

sensor with a serviceable sensor before 

further flight. Do the actions using a method 

approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the Ageˆncia 

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

delegated agent). 

(i) For Model ERJ 170 airplanes: Within 

1,320 flight hours after the effective date of 

this AD. 

(ii) For Model ERJ 190 airplanes: Within 

1,320 flight hours or 12 months after the 

effective date of this AD, whichever occurs 

first. 

Note 1: Guidance on performing the OPT 

required by paragraph (f)(1) of this AD can 

be found in Task 27–83–01–710–801–A, 

‘‘Outboard Slat Skew Sensor—Operational 

Test,’’ dated October 28, 2008, of the Embraer 

170/175 or 190 Aircraft Maintenance Manual 

(AMM). 

Note 2: For the purpose of this AD, an OPT 

is ‘‘A task to determine if an item is fulfilling 

its intended purpose. Since it is a failurefinding task, it does not require quantitative 

tolerances.’’ 

Note 3: For the purpose of this AD, a 

serviceable sensor is one that has passed the 

OPT required by paragraph (f)(1) of this AD. 

(2) Repeat the OPT required by paragraph 

(f)(1) of this AD thereafter at intervals not to 

exceed 1,320 flight hours. 

FAA AD Differences 

Note 4: 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, 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 

(h) Refer to MCAI Brazilian Airworthiness 

Directives 2009–02–02 and 2009–02–03, both 

effective February 16, 2009, for related 

information. 

Material Incorporated by Reference 

(i) None. 

Issued in Renton, Washington, on April 28, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–10900 Filed 5–12–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–24587; Directorate 

Identifier 2006–SW–05–AD; Amendment 39– 

16281; AD 2010–10–02] 

RIN 2120–AA64 

Airworthiness Directives; Sikorsky 

Aircraft Corporation Model S–76A, B, 

and C Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: This amendment adopts a 

new airworthiness directive (AD) for 

Sikorsky Aircraft Corporation (Sikorsky) 

Model S–76A, B, and C helicopters that 

requires inspecting each installed 

Woodward HRT (formerly HR Textron) 

main rotor servo actuator (servo 

actuator) for a high rate of leakage and 

replacing each affected servo actuator 

with a servo actuator containing a newly 

re-designed servo actuator piston. This 

amendment is prompted by a National 

Transportation Safety Board (NTSB) 

Safety Recommendation issued in 

response to an accident involving a 

Model S–76C helicopter. In the NTSB 

Safety Recommendation, the 

performance of a servo actuator piston 

upon reaching 3,000 hours time-inservice (TIS) was questioned as a result 

of piston head seal leakage and piston 

head plasma spray flaking. The actions 

specified by this AD are intended to 

prevent degraded servo actuator 

performance as a result of piston head 

seal leaking and plasma spray flaking, 

which could result in subsequent loss of 

control of the helicopter. 

DATES: Effective June 17, 2010. 

ADDRESSES: You may get the service 

information identified in this AD from 

Sikorsky Aircraft Corporation, Attn: 

Manager, Commercial Technical 

Support, 6900 Main Street, Stratford, 

Connecticut, phone (203) 383–4866, email address tsslibrary@sikorsky.com. 

Examining the Docket: You may 

examine the docket that contains this 

AD, any comments, and other 

information on the Internet at http:// 

www.regulations.gov, or at the Docket 

Operations office, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC. 

FOR FURTHER INFORMATION CONTACT: 

Terry Fahr, Aviation Safety Engineer, 

Boston Aircraft Certification Office, 12 

New England Executive Park, 


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