Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 5685 

however, we invite you to submit any 

written data, views, or arguments 

regarding this AD. Send your comments 

to an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2010–0066; 

Directorate Identifier 2009–SW–52–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

the AD. We will consider all comments 

received by the closing date and may 

amend the AD in light 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 with FAA 

personnel concerning this AD. Using the 

search function of our docket Web site, 

you can find and read the comments to 

any of our dockets, including the name 

of the individual who sent the 

comment. You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78). 

Regulatory Findings 

We have 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 that the regulation: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); and 

3. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared an economic evaluation 

of the estimated costs to comply with 

this AD. See the AD docket to examine 

the economic evaluation. 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me by the Administrator, 

the Federal Aviation Administration 

amends part 39 of the Federal Aviation 

Regulations (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. Section 39.13 is amended by adding 

a new airworthiness directive to read as 

follows: 

2009–23–51 Sikorsky Aircraft Corporation: 

Amendment 39–16190. Docket No. 

FAA–2010–0066; Directorate Identifier 

2009–SW–52–AD. 

Applicability: Model S–92A helicopters, 

with main gearbox (MGB) assembly, part 

number (P/N) 92351–15000–042 or –043, 

with MGB housing, P/N 92351–15110–042, 

–043, –044, or –045, installed, certificated in 

any category. 

Compliance: Required as indicated. 

To prevent loss of an MGB and subsequent 

loss of control of the helicopter, do the 

following: 

(a) Within 10 hours time-in-service (TIS), 

unless accomplished previously, and 

thereafter at intervals not to exceed 10 hours 

TIS, clean and inspect each MGB assembly 

mounting foot pad and rib for a crack and 

corrosion in the area depicted in Figure 1; as 

shown in the examples in Figures 2, 3, and 

4; of Sikorsky Alert Service Bulletin No. 92– 

63–020, dated September 11, 2009 (ASB). If 

no crack is found, apply the corrosion 

preventive compound to each foot pad and 

rib area. 

Note 1: When conducting a visual 

inspection, use a bright, non-LED light. 

(1) If you find a crack, replace the MGB 

before further flight. 

(2) If you find corrosion, bubbled paint, or 

paint discoloration, before further flight, 

repair the affected area. 

Note 2: Following the ASB 

Accomplishment Instructions accomplishes 

the intent of this AD. 

(b) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Contact the Manager, Boston Aircraft 

Certification Office, ATTN: Michael Schwetz, 

Aviation Safety Engineer, 12 New England 

Executive Park, Burlington, MA 01803, 

telephone (781) 238–7761, fax (781) 238– 

7170, for information about previously 

approved alternative methods of compliance. 

(c) The Joint Aircraft System/Component 

(JASC) Code is 6320: Main Rotor Gearbox. 

(d) Do the inspections by following the 

specified portions of Sikorsky Alert Service 

Bulletin No. 92–63–020, dated September 11, 

2009. The Director of the Federal Register 

approved this incorporation by reference 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

Copies may be obtained from Sikorsky 

Aircraft Corporation, Attn: Manager, 

Commercial Technical Support, mailstop 

s581a, 6900 Main Street, Stratford, CT, 

telephone (203) 383–4866, e-mail address 

tsslibrary@sikorsky.com, or at http:// 

www.sikorsky.com. Copies may be inspected 

at the FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham Blvd., 

Room 663, Fort Worth, Texas, or 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. 

(e) This amendment becomes effective on 

February 19, 2010, to all persons except those 

persons to whom it was made immediately 

effective by Emergency AD 2009–23–51, 

issued October 29, 2009, which contained the 

requirements of this amendment. 

Issued in Fort Worth, Texas, on December 

18, 2009. 

Mark R. Schilling, 

Acting Manager, Rotorcraft Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1723 Filed 2–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0659; Directorate 

Identifier 2009–NM–060–AD; Amendment 

39–16191; AD 2010–03–07] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135BJ, 

–135ER, –135KE, –135KL, and –135LR 

Airplanes; and EMB–145, –145ER, 

–145MR, –145LR, –145XR, –145MP, and 

–145EP Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 


cprice-sewell on DSK2BSOYB1PROD with RULES
5686 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 

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 occurrences of main 

landing gear (MLG) trailing arm pins broken 

due to a fatigue mechanism induced by an 

excessive torque applied during the 

assemblage of auxiliary door support 

attachment and consequent deformation of 

the MLG trailing arm axle. A broken pin can 

lead to loss of the MLG trailing arm axle, 

disconnecting the trailing arm from the main 

strut, which affects the airplane 

controllability on ground. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

March 11, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of March 11, 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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1175; 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 30, 2009 (74 FR 37965). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found occurrences of main 

landing gear (MLG) trailing arm pins broken 

due to a fatigue mechanism induced by an 

excessive torque applied during the 

assemblage of auxiliary door support 

attachment and consequent deformation of 

the MLG trailing arm axle. A broken pin can 

lead to loss of the MLG trailing arm axle, 

disconnecting the trailing arm from the main 

strut, which affects the airplane 

controllability on ground. 

* * * * * 

Required actions include inspecting 

for cracks, and, if necessary, replacing 

the MLG trailing arm pin with a 

serviceable pin; and modifying the MLG 

auxiliary door mounting support. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

EMBRAER has issued the following 

revisions to the service information that 

was referenced in the NPRM: 

• Service Bulletin 145LEG–52–0014, 

Revision 01, dated June 17, 2009, which 

adds airplane serial number 145363. 

• Service Bulletin 145LEG–32–0033, 

Revision 01, dated June 18, 2009, which 

changes the visual inspection to a 

detailed inspection and includes the 

option of using the same part number of 

the landing gear trailing arm pin. 

• Service Bulletin 145–32–0122, 

Revision 01, dated April 29, 2009, 

which changes the visual inspection to 

a detailed inspection and includes the 

option of using the same part number of 

the landing gear trailing arm pin. 

We have revised this final rule to cite 

the revised service bulletins and to give 

credit for accomplishment of the actions 

done in accordance with the earlier 

service information referred to in the 

NPRM. We have also revised paragraph 

(f)(1)(i) and Note 1 of this AD to clarify 

that the inspection type is a detailed 

inspection. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request for Clarification for a 

Terminating Action 

American Eagle Airlines (AEA) 

requests that we add a statement to 

paragraph (f) of this AD that clarifies 

that the accomplishment of paragraph 

(f) of this AD is a terminating action for 

the requirements of this AD. AEA 

suggests that it is not clear that no 

further action is required after 

inspection. 

We agree to clarify the requirements. 

We have added the phrase ‘‘one-time’’ 

before ‘‘detailed inspection’’ in 

paragraph (f)(1)(i) of this AD to clarify 

that no repeat inspections are required 

after the initial inspection. 

Request for Changing Compliance Time 

AEA requests that we change the 

compliance in paragraph (f)(1) of this 

AD from ‘‘whichever occurs first’’ to 

‘‘whichever occurs later.’’ AEA explains 

that the actions specified in the NPRM 

require jacking the airplane and 

compressing the landing gear, and that 

specific tools required to complete these 

tasks may not be stocked at every 

maintenance base. AEA explains that 

increasing the compliance time would 

allow operators to arrange for having the 

proper tools in their Main Base Visit 

program. 

While we agree that some of the tools 

required to perform the tasks may not be 

stocked at every maintenance base, we 

do not agree with the commenter’s 

request to extend the compliance time. 

In developing an appropriate 

compliance time for this action, we 

considered the urgency associated with 

the subject unsafe condition, and the 

practical aspect of accomplishing the 

required tasks within a period of time 

that corresponds to the normal 

scheduled maintenance for most 

affected operators. However, according 

to the provisions of paragraph (g) of the 

final rule, we may approve requests to 

adjust the compliance time if the 

request includes data that prove that the 

new compliance time would provide an 

acceptable level of safety. We have not 

changed the final rule in this regard. 

Addition of an Airplane 

Based on our original review of the 

service information, we determined that 

airplane serial number (S/N) 145363 

was not affected. Therefore, the NPRM 

proposed to exclude airplane S/N 

145363 from the applicability. We have 

now determined that airplane S/N 

145363 should be included in the 

applicability of this final rule, and we 

have revised this final rule accordingly. 

This airplane is not on the U.S. Register 

and is known to be in compliance with 

the requirements of this AD. 

Explanation of Additional Changes 

Made to This AD 

We have revised this AD to identify 

the 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 changes described previously. 

We determined that these changes 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 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 5687 

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 

711 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 $80 per work-hour. 

Required parts will cost about $240 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 $284,400, or 

$400 per product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this 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: 

2010–03–07 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16191. Docket No. 

FAA–2009–0659; Directorate Identifier 

2009–NM–060–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective March 11, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) Model 

EMB–135BJ, as identified in EMBRAER 

Service Bulletin 145LEG–32–0033, dated 

November 27, 2008; and Model EMB–135ER, 

–135KE, –135KL, and –135LR airplanes, and 

Model EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP airplanes, as 

identified in EMBRAER Service Bulletin 

145–32–0122, dated November 27, 2008; 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 32: Landing Gear. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found occurrences of main 

landing gear (MLG) trailing arm pins broken 

due to a fatigue mechanism induced by an 

excessive torque applied during the 

assemblage of auxiliary door support 

attachment and consequent deformation of 

the MLG trailing arm axle. A broken pin can 

lead to loss of the MLG trailing arm axle, 

disconnecting the trailing arm from the main 

strut, which affects the airplane 

controllability on ground. 

* * * * * 

Required actions include inspecting for 

cracks, and, if necessary, replacing the MLG 

trailing arm pin with a serviceable pin; and 

modifying the MLG auxiliary door mounting 

support. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 2,500 flight hours or 24 months 

after the effective date of this AD, whichever 

occurs first, do the actions specified in 

paragraphs (f)(1)(i) and (f)(1)(ii) of this AD. 

(i) Perform a one-time detailed inspection 

for cracks on the MLG trailing arm pins, in 

accordance with EMBRAER Service Bulletin 

145–32–0122, Revision 01, dated April 29, 

2009; or 145LEG–32–0033, Revision 01, 

dated June 18, 2009; as applicable. If any 

crack is found, before further flight, replace 

the MLG trailing arm pin with a serviceable 

pin, in accordance with EMBRAER Service 

Bulletin 145–32–0122, Revision 01, dated 

April 29, 2009; or 145LEG–32–0033, Revision 

01, dated June 18, 2009; as applicable. 

(ii) Prior to or concurrently with 

accomplishing the inspection required by 

paragraph (f)(1)(i) of this AD, modify the 

MLG auxiliary door mounting support, in 

accordance with EMBRAER Service Bulletin 

145–52–0047, Revision 01, dated March 31, 

2008; or 145LEG–52–0014, Revision 01, 

dated June 17, 2009; as applicable. 

Note 1: For the purposes of this AD, a 

detailed inspection is: ‘‘An intensive 

examination of a specific item, installation or 

assembly to detect damage, failure or 

irregularity. Available lighting is normally 

supplemented with a direct source of good 

lighting at an intensity deemed appropriate. 

Inspection aids such as mirrors, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate access procedures 

may be required.’’ 

Note 2: For the purposes of this AD, a 

‘‘serviceable’’ pin is a pin that has no 

cracking. 


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5688 Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 

(2) Modifications and inspections 

accomplished before the effective date of this 

AD, according to a service bulletin listed in 

Table 1 of this AD, are considered acceptable 

for compliance with the corresponding action 

specified in this AD. 

TABLE 1—CREDIT SERVICE BULLETINS

Affected airplanes Service Bulletin Date 

Model EMB–135BJ airplanes ............................................. EMBRAER Service Bulletin 145LEG–32–0033 ................. November 27, 2008. 

Model EMB–135BJ airplanes ............................................. EMBRAER Service Bulletin 145LEG–52–0014 ................. October 28, 2008. 

Model EMB–135ER, –135KE, –135KL, and –135LR airplanes, and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP airplanes.

EMBRAER Service Bulletin 145–32–0122 ........................ November 27, 2008. 

Model EMB–135ER, –135KE, –135KL, and –135LR airplanes, and Model EMB–145, –145ER, –145MR, 

–145LR, –145XR, –145MP, and –145EP airplanes.

EMBRAER Service Bulletin 145–52–0047 ........................ July 18, 2005. 

FAA AD Differences 

Note 3: This AD differs from the MCAI 

and/or service information as follows: 

Ageˆncia Nacional de Aviac ̧a ̃o Civil (ANAC) 

Brazilian Airworthiness Directive 2009–02– 

01, dated February 12, 2009, is applicable to 

‘‘all EMB–145 and EMB–135 aircraft models 

in operation.’’ However, this does not agree 

with the service information specified in 

Table 2 of this AD, which specifies that only 

certain Model EMB–145 and EMB–135 

airplanes are affected and identifies them by 

serial number. This AD is applicable only to 

the airplanes listed in the applicable service 

bulletins. This difference has been 

coordinated with the ANAC. 

TABLE 2—SERVICE INFORMATION

Document Revision Date 

EMBRAER Service Bulletin 145LEG–32–0033 .................................................................................. 01 June 18, 2009. 

EMBRAER Service Bulletin 145LEG–52–0014 .................................................................................. 01 June 17, 2009. 

EMBRAER Service Bulletin 145–32–0122 ......................................................................................... 01 April 29, 2009. 

EMBRAER Service Bulletin 145–52–0047 ......................................................................................... 01 March 31, 2008. 

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: Todd Thompson, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1175; 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 Ageˆncia Nacional de 

Aviac ̧a ̃o Civil Airworthiness Directive 2009– 

02–01, dated February 12, 2009; and the 

service information contained in Table 3 of 

this AD; for related information. 

TABLE 3—RELATED SERVICE INFORMATION

Document Revision Date 

EMBRAER Service Bulletin 145LEG–32–0033 .................................................................................. 01 June 18, 2009. 

EMBRAER Service Bulletin 145LEG–52–0014 .................................................................................. 01 June 17, 2009. 

EMBRAER Service Bulletin 145–32–0122 ......................................................................................... 01 April 29, 2009. 

EMBRAER Service Bulletin 145–52–0047 ......................................................................................... 01 March 31, 2008. 

Material Incorporated by Reference 

(i) You must use the service information 

contained in Table 4 of this AD to do the 

actions required by this AD, unless the AD 

specifies otherwise. 

TABLE 4—MATERIAL INCORPORATED BY REFERENCE

Document Revision Date 

EMBRAER Service Bulletin 145LEG–32–0033 .................................................................................. 01 June 18, 2009. 

EMBRAER Service Bulletin 145LEG–52–0014 .................................................................................. 01 June 17, 2009. 

EMBRAER Service Bulletin 145–32–0122 ......................................................................................... 01 April 29, 2009. 

EMBRAER Service Bulletin 145–52–0047 ......................................................................................... 01 March 31, 2008. 


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 23 / Thursday, February 4, 2010 / Rules and Regulations 5689 

(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. 

Issued in Renton, Washington, on January 

22, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–1930 Filed 2–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0889; Directorate 

Identifier 2009–NE–35–AD; Amendment 39– 

16189; AD 2010–03–06] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

Arriel 2B and 2B1 Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), 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) 

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: 

Several events of uncoupling of the lowpressure (LP) fuel pump impeller and the 

high-pressure (HP) fuel pump shaft have 

been reported on Arriel 2 engines which do 

not incorporate Modification TU 147. In most 

cases the ‘‘low fuel pressure switch’’ 

enlightened, the pilot activated the aircraft 

booster pump in accordance with the Flight 

Manual Instructions and landed safely with 

no other incident. One case, on a singleengine helicopter, led to a sudden engine 

power loss. The uncoupling of the LP fuel 

pump impeller and the HP fuel pump shaft 

may lead to a limitation of engine power or, 

at worst, an uncommanded in-flight 

shutdown. On a single-engine helicopter, the 

result may be an emergency autorotation 

landing. 

We are issuing this AD to prevent a 

forced autorotation landing or an 

accident. 

DATES: This AD becomes effective 

March 11, 2010. The Director of the 

Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD as of 

March 11, 2010. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

Contact Turbomeca, 40220 Tarnos, 

France; telephone (33) 05 59 74 40 00, 

fax (33) 05 59 74 45 15, for the service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: 

James Lawrence, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.lawrence@faa.gov; 

telephone (781) 238–7176; fax (781) 

238–7199. 

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 November 5, 2009 (74 FR 

57277). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states that: 

Several events of uncoupling of the LP fuel 

pump impeller and the HP fuel pump shaft 

have been reported on Arriel 2 engines which 

do not incorporate Modification TU 147. In 

most cases the ‘‘low fuel pressure switch’’ 

enlightened, the pilot activated the aircraft 

booster pump in accordance with the Flight 

Manual Instructions and landed safely with 

no other incident. One case, on a singleengine helicopter, led to a sudden engine 

power loss. The uncoupling of the LP fuel 

pump impeller and the HP fuel pump shaft 

may lead to a limitation of engine power or, 

at worst, an uncommanded in-flight 

shutdown. On a single-engine helicopter, the 

result may be an emergency autorotation 

landing. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

One commenter, a private citizen, 

states that the labor rate of $80 per 

work-hour referenced in the proposed 

AD is underestimated. He states that it 

should be at least $95 per work-hour. 

We partially agree. The work-hour 

labor rate estimate is established by the 

FAA’s Regulatory Analysis Division 

which recently published a new rate; 

$85 per work-hour. We changed the AD 

to reflect this increase. 

Conclusion 

We reviewed the available data, 

including the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

Differences Between This AD and the 

MCAI or Service Information 

The MCAI requires checking the 

transmissible torque between the LP 

pump impeller and the HP pump shaft 

within 550 engine flight hours from the 

effective date of the AD, but no later 

than June 30, 2010. 

This AD requires checking the 

transmissible torque between the LP 

pump impeller and the HP pump shaft 

within 550 engine flight hours from the 

effective date of the AD. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect about 

414 engines installed on helicopters of 

U.S. registry. We also estimate that it 

will take about 2.5 work-hours per 

engine to comply with this AD. The 

average labor rate is $85 per work-hour. 

Replacement HP/LP pump metering 

units (HMUs) will cost about $12,000 

per engine. Based on these figures, if all 

of the HMUs were to fail the check, we 

estimate the cost of the AD to U.S. 

operators to be $5,055,975. 

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 


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