Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations 2057 

(1) For airplanes equipped with booster 

control unit P/N 23400–3B, 23400–7, 23400– 

3, or 23400–5, within 12 months after the 

effective date of this AD, perform a one-time 

inspection of the elevator booster control unit 

in accordance with Part 1 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–27–088, dated June 

4, 2007. 

(2) At the time specified in Table 1 of this 

AD, and depending on the result of the 

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

AD, replace the elevator booster control unit 

with a modified unit having P/N 23400–3B 

or P/N 23400–7, in accordance with Part 2 of 

the Accomplishment Instructions of Fokker 

Service Bulletin SBF100–27–088, dated June 

4, 2007. The replacement part must be 

modified in accordance with Goodrich 

Service Bulletin 23400–27–27, Revision 1, 

dated September 14, 2007. 

TABLE 1—REPLACEMENT PARAMETERS

Dimension A Replace within 

A < 0.12 millimeters 

(mm).

Not applicable. 

0.12 mm ≤ A < 0.5 

mm.

3,000 flight cycles. 

0.5 mm ≤ A < 1.0 mm 2,000 flight cycles. 

1.0 mm ≤ A < 1.5 mm 1,000 flight cycles. 

1.5 mm ≤ A < 2.0 mm 500 flight cycles. 

2.0 mm ≤ A < 2.5 mm 125 flight cycles. 

A ≥ 2.5 mm ............... Before further flight. 

(3) Within 60 months after the effective 

date of this AD, replace all remaining 

unmodified elevator booster control units 

having P/N 23400–3B or 

P/N 23400–7 with modified units, in 

accordance with Part 2 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–27–088, dated June 

4, 2007. The replacement part must be 

modified in accordance with Goodrich 

Service Bulletin 23400–27–27, Revision 1, 

dated September 14, 2007. 

(4) Within 60 months after the effective 

date of this AD, replace all remaining 

elevator booster control units having P/N 

23400–3 or P/N 23400–5 with modified units 

having P/N 23400–3B or P/N 23400–7, in 

accordance with Part 2 of the 

Accomplishment Instructions of Fokker 

Service Bulletin SBF100–27–088, dated June 

4, 2007. The replacement part must be 

modified in accordance with Goodrich 

Service Bulletin 23400–27–27, Revision 1, 

dated September 14, 2007. 

(5) As of 12 months after the effective date 

of this AD, no person may install a Goodrich 

P/N 23400–3B, P/N 23400–7, P/N 23400–3 or 

P/N 23400–5 elevator booster control unit on 

any airplane, unless the conditions of 

paragraph (f)(5)(i) or (f)(5)(ii), as applicable, 

are met. 

(i) The unit has been inspected in 

accordance with paragraph (f)(1) of this AD, 

and the applicable action(s) required by 

paragraph (f)(2) is accomplished at the time 

specified in that paragraph. 

(ii) The unit having P/N 23400–3B or P/N 

23400–7 has been modified in accordance 

with Goodrich Service Bulletin 23400–27–27, 

Revision 1, dated September 14, 2007. 

(6) As of 60 months after the effective date 

of this AD, no person may install a Goodrich 

P/N 23400–3 or P/N 23400–5 elevator booster 

control unit on any airplane. 

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: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; 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 European Aviation 

Safety Agency Airworthiness Directive 2009– 

0032, dated February 17, 2009; Fokker 

Service Bulletin SBF100–27–088, dated June 

4, 2007; and Goodrich Service Bulletin 

23400–27–27, Revision 1, dated September 

14, 2007; for related information. 

Material Incorporated by Reference 

(i) You must use Fokker Service Bulletin 

SBF100–27–088, dated June 4, 2007; and 

Goodrich Service Bulletin 23400–27–27, 

Revision 1, dated September 14, 2007; 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 Fokker service information 

identified in this AD, contact Fokker Services 

B.V., Technical Services Dept., P.O. Box 231, 

2150 AE Nieuw-Vennep, the Netherlands; 

telephone +31 (0)252–627–350; fax +31 

(0)252 627 211; e-mail 

technicalservices.fokkerservices@stork.com; 

Internet http://www.myfokkerfleet.com. 

(3) For Goodrich service information 

identified in this AD, contact Goodrich 

Corporation, Landing Gear, 1400 South 

Service Road, West Oakville L6L 5Y7, 

Ontario, Canada; telephone 905–825–1568; 

e-mail jean.breed@goodrich.com; Internet 

http://www.goodrich.com/TechPubs. 

(4) 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. 

(5) 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 28, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–102 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–2009–1251; Directorate 

Identifier 2009–NM–133–AD; Amendment 

39–16174; AD 2010–02–03] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A340–200 and A340–300 Series 

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: 

* * * * * 

Engineering analysis using the new 

calculated loads has shown that the 

structural integrity of the forward engine 

mount cannot be guaranteed after either 

thrust link has accumulated 15500 Flight 

Cycles (FC). 

* * * * * 


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A loss of structural integrity of the 

forward engine mounts could lead to the 

loss of the load path for the forward 

engine mount and damage to other 

engine mount structures, which could 

result in failure of the forward engine 

mount, possible separation of the engine 

from the airplane, damage to the wing, 

or loss of control of the airplane. This 

AD requires actions that are intended to 

address the unsafe condition described 

in the MCAI. 

DATES: This AD becomes effective 

January 29, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of January 29, 2010. 

We must receive comments on this 

AD by March 1, 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. 

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: 

Vladimir Ulyanov, International Branch, 

ANM–116, Transport Airplane 

Directorate, FAA, 1601 Lind Avenue, 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–1138; fax (425) 

227–1149. 

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 

Airworthiness Directive 2009–0115, 

dated May 29, 2009 (referred to after 

this as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

A recent review of the A340–200/300 fleet 

has shown that the current utilization rate of 

the aeroplanes is different from the 

assumptions used at the time of A340 initial 

certification. New calculations have been 

performed taking into account an updated 

mission profile to determine the impact to 

the loads on the forward engine mount. 

Engineering analysis using the new 

calculated loads has shown that the 

structural integrity of the forward engine 

mount cannot be guaranteed after either 

thrust link has accumulated 15500 Flight 

Cycles (FC). 

Consequently, this AD introduces a Limit 

Of Validity (LOV) of 15500 FC for CFM 56– 

5C forward engine mount thrust links Part 

Number (P/N) 340–7005–3 and P/N 340– 

7005–4. 

In addition, this AD requires establishing 

the deadline for replacement of forward 

engine mount thrust link assemblies, to trace 

the life of these assemblies and to replace 

them no later than the calculated deadline. 

A loss of structural integrity of the 

forward engine mounts could lead to the 

loss of the load path for the forward 

engine mount and damage to other 

engine mount structures, which could 

result in failure of the forward engine 

mount, possible separation of the engine 

from the airplane, damage to the wing, 

or loss of control of the airplane. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Airbus has issued Mandatory Service 

Bulletin A340–71–4006, Revision 01, 

dated May 14, 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 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 

develop on other products of the same 

type design. 

There are no products of this type 

currently registered in the United States. 

However, this rule is necessary to 

ensure that the described unsafe 

condition is addressed if any of these 

products are placed on the U.S. Register 

in the future. 

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 

Since there are currently no domestic 

operators of this product, notice and 

opportunity for public comment before 

issuing this AD are unnecessary. 

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–2009–1251; 

Directorate Identifier 2009–NM–133– 

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 


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Federal Register / Vol. 75, No. 9 / Thursday, January 14, 2010 / Rules and Regulations 2059 

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: 

2010–02–03 Airbus: Amendment 39–16174. 

Docket No. FAA–2009–1251; Directorate 

Identifier 2009–NM–133–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective January 29, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Airbus Model A340– 

211, –212, –213, –311, –312, and –313 

airplanes, all manufacturer serial numbers; 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 71: Powerplant. 

Reason 

(e) The mandatory continued airworthiness 

information (MCAI) states: 

A recent review of the A340–200/300 fleet 

has shown that the current utilization rate of 

the aeroplanes is different from the 

assumptions used at the time of A340 initial 

certification. New calculations have been 

performed taking into account an updated 

mission profile to determine the impact to 

the loads on the forward engine mount. 

Engineering analysis using the new 

calculated loads has shown that the 

structural integrity of the forward engine 

mount cannot be guaranteed after either 

thrust link has accumulated 15500 Flight 

Cycles (FC). 

Consequently, this AD introduces a Limit 

of Validity (LOV) of 15 500 FC for CFM 56– 

5C forward engine mount thrust links Part 

Number (P/N) 340–7005–3 and P/N 340– 

7005–4. 

In addition, this AD requires establishing 

the deadline for replacement of forward 

engine mount thrust link assemblies, to trace 

the life of these assemblies and to replace 

them no later than the calculated deadline. 

A loss of structural integrity of the forward 

engine mounts could lead to the loss of the 

load path for the forward engine mount and 

damage to other engine mount structures, 

which could result in failure of the forward 

engine mount, possible separation of the 

engine from the airplane, damage to the 

wing, or loss of control of the airplane. 

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) At the applicable time in paragraph 

(g)(1)(i) or (g)(1)(ii) of this AD: Calculate the 

flight cycles, as applicable, and replace all 

CFM 56–5C forward engine mount thrust 

links P/N 340–7005–3 or P/N 340–7005–4, in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009. 

Note 1: P/N 340–7005–3 and P/N 340– 

7005–4 are the part numbers for only the 

link. P/N 340–7005–503 and P/N 340–7005– 

504 are the part numbers for the assembly 

(comprising the bearing and the link). 

(i) For airplanes with thrust links for which 

the history of the part is available: Replace 

in accordance with Airbus Mandatory 

Service Bulletin A340–71–4006, Revision 01, 

dated May 14, 2009, prior to the 

accumulation of 15,500 total flight cycles on 

the part, or within 90 days from the effective 

date of the AD, whichever occurs later. 

(ii) For airplanes with thrust links for 

which the part history is partial or unknown: 

Within 30 days after the effective date of this 

AD, calculate the replacement date in 

accordance with the calculation method 

provided in Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009, and replace the part no later 

than the calculated replacement date. 

(2) Repeat the replacement required by 

paragraph (g)(1) of this AD at intervals not to 

exceed 15,500 flight cycles on the part in 

accordance with the Accomplishment 

Instructions of Airbus Mandatory Service 

Bulletin A340–71–4006, Revision 01, dated 

May 14, 2009. 

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: Vladimir 

Ulyanov, 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 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 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 

approved the incorporation by reference of 


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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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