2060 Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(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 or 425–227–1152. 

(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 

December 30, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–211 Filed 1–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0610; Directorate 

Identifier 2009–NM–021–AD; Amendment 

39–16171; AD 2010–01–12] 

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: 

The result of re-assessment of rotor burst 

analysis has shown the possibility of loss of 

electrical power supply to the following 

aircraft systems: Air Data System (ADS), 

Ailerons, Multifunctional spoilers and 

rudder, which result in loss of the aircraft 

pitch and yaw control. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

February 18, 2010.The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD as of 

February 18, 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 15, 2009 (74 FR 34276). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

The result of re-assessment of rotor burst 

analysis has shown the possibility of loss of 

electrical power supply to the following 

aircraft systems: Air Data System (ADS), 

Ailerons, Multifunctional spoilers and 

rudder, which result in loss of the aircraft 

pitch and yaw control. 

* * * * * 

Required actions include modifying the 

electrical wiring in the overhead panel 

of the cockpit, modifying the air data 

smart probe 3B power supply bus, and 

modifying the Aeronautical Radio 

Incorporated (ARINC) 429 data bus, as 

applicable. 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 comments received. 

Request To Withdraw NPRM 

Embraer requests that we withdraw 

the NPRM. Embraer states that based on 

service experience, the probability of a 

rotor burst combined with the 

probability of a disk trajectory that hits 

the specific wiring bundle is extremely 

rare. Embraer disagrees that the 

modifications addressed by the service 

bulletins should be mandatory. Embraer 

also states that issuance of a Special 

Airworthiness Information Bulletin 

would be an alternative measure to be 

taken in this case, since it would 

address the concerns in the NPRM and 

still be in conformity with the 14 CFR 

part 39 requirements. 

We disagree with the request to 

withdraw the NPRM. We have 

consulted with the Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) regarding the 

manufacturer’s comment and 

determined that, regardless of the very 

low probability that a catastrophic event 

could occur due to a rotor burst, the 

requirements of 14 CFR part 25 do not 

permit the use of probability as a risk 

reduction parameter. Furthermore, the 

design must minimize the effects of 

rotor burst by any means practicable. 

This AD is necessary to address the 

identified unsafe condition. Therefore, 

the AD is not changed in this regard. 

Explanation of Changes Made to This 

AD 

We have revised this AD to identify 

the correct legal name of the 

manufacturer as published in the most 

recent type certificate data sheet for the 

affected airplane models. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We determined that this change will not 

increase the economic burden on any 

operator or increase the scope of the AD. 

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 

77 products of U.S. registry. We also 

estimate that it will take about 62 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $80 per work-hour. 


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Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations 2061 

Required parts will cost about $668 per 

product. Where the service information 

lists required parts costs that are 

covered under warranty, we have 

assumed that there will be no charge for 

these parts. As we do not control 

warranty coverage for affected parties, 

some parties may incur costs higher 

than estimated here. Based on these 

figures, we estimate the cost of this AD 

to the U.S. operators to be $433,356, or 

$5,628 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: 

2010–01–12 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16171. Docket No. 

FAA–2009–0610; Directorate Identifier 

2009–NM–021–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective February 18, 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, –100 SU, 

–200 LR, –200 STD, and –200 SU airplanes; 

certificated in any category; as identified in 

Embraer Service Bulletins 170–24–0019, 

dated December 6, 2006; 170–24–0020, dated 

November 30, 2006; and 170–31–0020, 

Revision 01, dated May 21, 2008. 

Subject 

(d) Air Transport Association (ATA) of 

America Codes 24 and 31: Electrical power 

and Instruments, respectively. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

The result of re-assessment of rotor burst 

analysis has shown the possibility of loss of 

electrical power supply to the following 

aircraft systems: Air Data System (ADS), 

Ailerons, Multifunctional spoilers and 

rudder, which result in loss of the aircraft 

pitch and yaw control. 

* * * * * 

Required actions include modifying the 

electrical wiring in the overhead panel of the 

cockpit, modifying the air data smart probe 

3B power supply bus, and modifying the 

Aeronautical Radio Incorporated (ARINC) 

429 data bus, as applicable. 

Actions and Compliance 

(f) Unless already done, do the following 

actions as applicable. 

(1) For airplanes identified in Embraer 

Service Bulletin 170–24–0019, dated 

December 6, 2006: Within 6,000 flight hours 

after the effective date of this AD, modify the 

electrical wiring in the overhead panel of the 

cockpit in accordance with Embraer Service 

Bulletin 170–24–0019, dated December 6, 

2006. 

(2) For airplanes identified in Embraer 

Service Bulletin 170–24–0020, dated 

November 30, 2006: Within 6,000 flight 

hours after the effective date of this AD, 

change the Air Data Smart Probe 3 channel 

B power supply bus from ESS2 to ESS3 in 

accordance with Embraer Service Bulletin 

170–24–0020, dated November 30, 2006. 

(3) For airplanes identified in Embraer 

Service Bulletin 170–31–0020, Revision 01, 

dated May 21, 2008: Within 6,000 flight 

hours after the effective date of this AD, 

duplicate the Aeronautical Radio 

Incorporated (ARINC) 429 airspeed signal for 

an extension longer than the rotor burst 

impact area; change the primary power 

source for the modular avionics unit (MAU) 

2 from DC BUS 2 to DC ESS BUS 2 to include 

an additional ground and to provide dual 

electrical power to MAU 2; and change the 

wiring of the slat/flap actuators control 

electronics (SF–ACE) 1 and 2 to primary 

actuator control electronics (P–ACE) 1, 2, and 

3; in accordance with Embraer Service 

Bulletin 170–31–0020, Revision 01, dated 

May 21, 2008. 

(4) Actions accomplished before the 

effective date of this AD according to 

Embraer Service Bulletin 170–31–0020, dated 

July 20, 2007, are considered acceptable for 

compliance with the corresponding actions 

specified in this AD. 

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, 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. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 


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a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(3) Reporting Requirements: For any 

reporting requirement in this AD, under the 

provisions of the Paperwork Reduction Act 

(44 U.S.C. 3501 et seq.), the Office of 

Management and Budget (OMB) has 

approved the information collection 

requirements and has assigned OMB Control 

Number 2120–0056. 

Related Information 

(h) Refer to MCAI Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) Airworthiness 

Directive 2008–09–01, dated September 30, 

2008, and the service information identified 

in Table 1 of this AD, for related information. 

TABLE 1—SERVICE INFORMATION

Embraer Service Bulletin— Revision— Dated— 

170–24–0019 ......................................................................... Original .................................................................................. December 6, 2006. 

170–24–0020 ......................................................................... Original .................................................................................. November 30, 2006. 

170–31–0020 ......................................................................... 01 ........................................................................................... May 21, 2008. 

Material Incorporated by Reference 

(i) You must use the service information 

contained in Table 2 of this AD as applicable, 

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 or 425–227–1152. 

(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 2—MATERIAL INCORPORATED BY REFERENCE

Embraer Service Bulletin— Revision— Dated— 

170–24–0019 ......................................................................... Original .................................................................................. December 6, 2006. 

170–24–0020 ......................................................................... Original .................................................................................. November 30, 2006. 

170–31–0020 ......................................................................... 01 ........................................................................................... May 21, 2008. 

Issued in Renton, Washington, on 

December 28, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–212 Filed 1–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0657; Directorate 

Identifier 2009–NM–048–AD; Amendment 

39–16175; AD 2010–02–04] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737–600, –700, –700C, 

–800, –900, and –900ER Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Model 737–600, –700, –700C, –800, 

–900, and –900ER series airplanes. This 

AD requires replacing the engine fuel 

shutoff valves for the left and right main 

tanks. This AD results from a report of 

a failed engine start, which was caused 

by an internally fractured engine fuel 

shutoff valve. We are issuing this AD to 

prevent the failure of the valve in the 

closed position, open position, or 

partially open position, which could 

result in engine fuel flow problems and 

possible uncontrolled fuel leak or fire. 

DATES: This AD is effective February 18, 

2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of February 18, 2010. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Samuel Spitzer, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6510; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Model 737–600, –700, –700C, 

–800, –900, and –900ER series 

airplanes. That NPRM was published in 

the Federal Register on July 29, 2009 


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