52238 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Rules and Regulations 

(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 Hawker Beechcraft 

Corporation, 9709 East Central, Wichita, 

Kansas 67201; telephone: (316) 676–5034; 

fax: (316) 676–6614; Internet: https:// 

www.hawkerbeechcraft.com/service_support/ 

pubs/. 

(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 August 

10, 2010. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–20490 Filed 8–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0799; Directorate 

Identifier 2010–NM–157–AD; Amendment 

39–16414; AD 2010–18–01] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and ERJ 

190 Airplanes 

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 

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 possibility of right 

hand (RH) engine compressor stall after the 

Auxiliary Power Unit (APU) becomes the 

active bleed source for the left side. 

The most critical condition identified is: 

—Both engines close to idle (e.g.: descent 

phase); and 

—APU running; and 

—APU bleed button pushed in. 

In this condition, if the left hand (LH) 

engine fails, the APU bleed valve and the 

crossbleed valve may be both in the open 

position for a few seconds, [which] may lead 

to a backpressure in RH engine depending on 

APU bleed pressure. Such backpressure may 

cause an RH engine compressor stall, 

culminating in a dual engine failure. 

* * * * * 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

September 9, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain document listed in the AD 

as of September 9, 2010. 

We must receive comments on this 

AD by October 12, 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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

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 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: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2768; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directives 2010–07–02 

and 2010–07–03, both effective July 31, 

2010 (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 right 

hand (RH) engine compressor stall after the 

Auxiliary Power Unit (APU) becomes the 

active bleed source for the left side. 

The most critical condition identified is: 

—Both engines close to idle (e.g.: descent 

phase); and 

—APU running; and 

—APU bleed button pushed in. 

In this condition, if the left hand (LH) 

engine fails, the APU bleed valve and the 

crossbleed valve may be both in the open 

position for a few seconds, [which] may lead 

to a backpressure in RH engine depending on 

APU bleed pressure. Such backpressure may 

cause an RH engine compressor stall, 

culminating in a dual engine failure. 

* * * * * 

The corrective action includes revising 

the Limitations sections of the 

applicable airplane flight manual to 

inform operators about the possibility of 

having an engine stall after the APU 

becomes the active bleed source for the 

left side and to specify the condition 

where APU bleed must not be used. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Interim Action 

We consider this AD interim action. If 

final action is later identified, we might 

consider further rulemaking then. 

Relevant Service Information 

EMBRAER has issued Operational 

Bulletin 170–001/09, Revision 1, dated 

February 10, 2010, applicable to both 

Model ERJ 170 and ERJ 190 airplanes. 

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 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 issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

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Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Rules and Regulations 52239 

develop on other products of the same 

type design. 

Differences Between the 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. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because, if the LH engine fails, 

backpressure in the RH engine, 

depending on APU bleed pressure, can 

cause a RH engine compressor stall, 

culminating in a dual engine failure. 

Therefore, we determined that notice 

and opportunity for public comment 

before issuing this AD are impracticable 

and that good cause exists for making 

this amendment effective in fewer than 

30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2010–0799; 

Directorate Identifier 2010–NM–157– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

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. 

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: 

2010–18–01 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16414. Docket No. 

FAA–2010–0799; Directorate Identifier 

2010–NM–157–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective September 9, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) Model ERJ 

170–100 LR, –100 STD, –100 SE, and –100 

SU airplanes; Model ERJ 170–200 LR, –200 

SU, and –200 STD airplanes; Model ERJ 190– 

100 STD, –100 LR, –100 ECJ, and –100 IGW 

airplanes; and Model ERJ 190–200 STD, –200 

LR, and –200 IGW airplanes; certificated in 

any category, all serial numbers. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 49: Airborne auxiliary power. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

It has been found the possibility of right 

hand (RH) engine compressor stall after the 

Auxiliary Power Unit (APU) becomes the 

active bleed source for the left side. 

The most critical condition identified is: 

—Both engines close to idle (e.g.: descent 

phase); and 

—APU running; and 

—APU bleed button pushed in. 

In this condition, if the left hand (LH) 

engine fails, the APU bleed valve and the 

crossbleed valve may be both in the open 

position for a few seconds, [which] may lead 

to a backpressure in RH engine depending on 

APU bleed pressure. Such backpressure may 

cause an RH engine compressor stall, 

culminating in a dual engine failure. 

* * * * * 

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) Within 14 days after the effective date 

of this AD, revise the Limitations section of 

the applicable airplane flight manual (AFM) 

to include the information in EMBRAER 

Operational Bulletin 170–001/09, Revision 1, 

dated February 10, 2010, as specified in the 

operational bulletin. This operational 

bulletin introduces limitations for the use of 

APU bleed. 

Note 1: This may be done by inserting a 

copy of EMBRAER Operational Bulletin 170– 

001/09, Revision 1, dated February 10, 2010, 

into the AFM. When this operational bulletin 

has been included in general revisions of the 

AFM, the general revisions may be inserted 

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52240 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Rules and Regulations 

in the AFM, provided the relevant 

information in the general revision is 

identical to that in the operational bulletin, 

and the operational bulletin can be removed. 

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: Cindy Ashforth, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2768; 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 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 

(i) Refer to MCAI Brazilian Airworthiness 

Directives 2010–07–02 and 2010–07–03, both 

effective July 31, 2010; and EMBRAER 

Operational Bulletin 170–001/09, Revision 1, 

dated February 10, 2010; for related 

information. 

Material Incorporated by Reference 

(j) You must use EMBRAER Operational 

Bulletin 170–001/09, Revision 1, dated 

February 10, 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 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. 

Issued in Renton, Washington, on August 

13, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–20841 Filed 8–24–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0683; Directorate 

Identifier 2010–NE–25–AD; Amendment 39– 

16415; AD 2010–18–02] 

RIN 2120–AA64 

Airworthiness Directives; Thielert 

Aircraft Engines GmbH (TAE) Models 

TAE 125–01 and TAE 125–02–99 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

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: 

In-flight shutdown incidents have been 

reported on airplanes equipped with TAE 

125 engines. Preliminary investigations 

showed that it was mainly the result of 

nonconforming disc springs (improper heat 

treatment) used in a certain production batch 

of the clutch. 

We are issuing this AD to prevent 

engine in-flight shutdown leading to 

loss of control of the airplane. 

DATES: This AD becomes effective 

September 9, 2010. 

We must receive comments on this 

AD by September 24, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of Thielert Aircraft Engines GmbH 

Service Bulletin (SB) No. TM TAE 125– 

0021, dated June 9, 2010, and SB No. 

TM TAE 125–1011 P1, dated June 9, 

2010, listed in the AD as of September 

9, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: (202) 493–2251. 

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 AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is the same as the Mail 

address provided in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Alan Strom, Aerospace Engineer, Engine 

Certification Office, FAA, Engine & 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: alan.strom@faa.gov; telephone 

(781) 238–7143; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD 2010– 

0111–E, dated June 10, 2010 (corrected 

June 11, 2010) (referred to after this as 

‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

In-flight shutdown incidents have been 

reported on airplanes equipped with TAE 

125 engines. Preliminary investigations 

showed that it was mainly the result of 

nonconforming disc springs (improper heat 

treatment) used in a certain production batch 

of the clutch. 

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