68684 Federal Register / Vol. 75, No. 216 / Tuesday, November 9, 2010 / Rules and Regulations 

required by this AD other than compliance 

with paragraph (h) of this AD. 

(2) If the serial number is listed in 

paragraph 1.A. of Bombardier Alert Service 

Bulletin A670BA–27–054, Revision A, dated 

January 18, 2010, and has the suffix ‘‘C’’, no 

further action is required by this AD other 

than compliance with paragraph (h) of this 

AD. 

(3) If the serial number is listed paragraph 

1.A. of Bombardier Alert Service Bulletin 

A670BA–27–054, Revision A, dated January 

18, 2010, and does not have the suffix ‘‘C’’, 

before further flight, replace the AOA 

transducer with a new or serviceable 

transducer, in accordance with Part C of the 

Accomplishment Instructions of Bombardier 

Alert Service Bulletin A670BA–27–054, 

Revision A, dated January 18, 2010. 

Note 1: To replace any AOA transducer, 

the replacement AOA transducer must either 

be outside of the affected serial numbers as 

identified in paragraph 1.A. of Bombardier 

Alert Service Bulletin A670BA–27–054, 

Revision A, dated January 18, 2010, or have 

the suffix ‘‘C’’. 

(h) As of the effective date of this AD, no 

AOA transducer having both a serial number 

and P/N C16258AA as identified in 

paragraph 1.A. of Bombardier Alert Service 

Bulletin A670BA–27–054, Revision A, dated 

January 18, 2010, may be installed on any 

airplane unless the AOA transducer has been 

inspected by the manufacturer and identified 

with the suffix ‘‘C’’. 

FAA AD Differences 

Note 2: This AD differs from the MCAI 

and/or service information as follows: No 

differences. 

Other FAA AD Provisions 

(i) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, 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: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone 516–228–7300; fax 516– 

794–5531. 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 

(j) Refer to MCAI Canadian Airworthiness 

Directive CF–2010–13, dated May 6, 2010; 

and Bombardier Alert Service Bulletin 

A670BA–27–054, Revision A, dated January 

18, 2010; for related information. 

Material Incorporated by Reference 

(k) You must use Bombardier Alert Service 

Bulletin A670BA–27–054, 

Revision A, dated January 18, 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 Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; e-mail 

thd.crj@aero.bombardier.com; Internet http:// 

www.bombardier.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 October 

21, 2010. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–28089 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0870; Directorate 

Identifier 2010–CE–045–AD; Amendment 

39–16505; AD 2010–23–16] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–500 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) 

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: 

It has been found the occurrences of failure 

of the Flow Control Shutoff Valve (FCSOV) 

in the closed position. Failure of the two 

valves (left and right) can cause the loss of 

the pneumatic source, and lead to loss of the 

cabin pressurization. 

Since this condition affects flight safety, a 

corrective action is required. Thus, sufficient 

reason exists to request compliance with this 

AD. 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective 

December 14, 2010. 

On December 14, 2010, the Director of 

the Federal Register approved the 

incorporation by reference of certain 

publications listed in this AD. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at 

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 service information identified in 

this AD, contact EMBRAER Empresa 

Brasileira de Aerona ́utica S.A., Phenom 

Maintenance Support, Av. Brig. Farina 

Lima, 2170, Sao Jose dos Campos—SP, 

CEP: 12227–901—P.O. Box: 38/2, 

BRASIL, telephone: ++55 12 3927–5383; 

fax: ++55 12 3927–2610; E-mail: 

reliability.executive@embraer.com.br; 

Internet: http://www.embraer.com.br. 

You may review copies of the 

referenced service information at the 

FAA, Small Airplane Directorate, 901 

Locust, Kansas City, Missouri 64106. 

For information on the availability of 

this material at the FAA, call 816–329– 

4148. 

FOR FURTHER INFORMATION CONTACT: Karl 

Schletzbaum, Aerospace Engineer, FAA, 

Small Airplane Directorate, 901 Locust, 

Room 301, Kansas City, Missouri 64106; 

telephone: (816) 329–4146; fax: (816) 

329–4090. 

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 September 1, 2010 (75 FR 


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53609). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It has been found the occurrences of failure 

of the Flow Control Shutoff Valve (FCSOV) 

in the closed position. Failure of the two 

valves (left and right) can cause the loss of 

the pneumatic source, and lead to loss of the 

cabin pressurization. 

Since this condition affects flight safety, a 

corrective action is required. Thus, sufficient 

reason exists to request compliance with this 

AD. 

The MCAI requires replacing both 

FCSOVs with new and improved 

FCSOVs. 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 

received no comments on the NPRM or 

on the determination of the cost to the 

public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Differences Between This AD and the 

MCAI or Service Information 

We have reviewed the MCAI and 

related service information and, in 

general, agree with their substance. But 

we might have found it necessary to use 

different words from those in the MCAI 

to ensure the AD is clear for U.S. 

operators and is enforceable. In making 

these changes, we do not intend to differ 

substantively from the information 

provided in the MCAI and related 

service information. 

We might also have required different 

actions in this AD from those in the 

MCAI in order to follow FAA policies. 

Any such differences are highlighted in 

a NOTE within the AD. 

Costs of Compliance 

We estimate that this AD will affect 

79 products of U.S. registry. We also 

estimate that it will take about 4 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will cost about $10,487 

per product. 

Based on these figures, we estimate 

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

be $855,333, or $10,827 per product. 

According to Embraer, the parts cost 

of this AD may be covered under 

warranty, thereby reducing the cost 

impact on affected individuals. We do 

not control warranty coverage for 

affected individuals. As a result, we 

have included all cost in our cost 

estimate. 

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 

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 Management Facility 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 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: 

2010–23–16 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16505; Docket No. 

FAA–2010–0870; Directorate Identifier 

2010–CE–045–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective December 14, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Empresa Brasileira 

de Aeronautica S.A. (EMBRAER) Model 

EMB–500 airplanes, serial numbers 50000005 

through 50000118, 50000120, 50000122 

through 50000126, 50000128, and 50000131, 

certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 36: Pneumatic. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the occurrences of failure 

of the Flow Control Shutoff Valve (FCSOV) 

in the closed position. Failure of the two 

valves (left and right) can cause the loss of 

the pneumatic source, and lead to loss of the 

cabin pressurization. 

Since this condition affects flight safety, a 

corrective action is required. Thus, sufficient 

reason exists to request compliance with this 

AD. 

The MCAI requires replacing both FCSOVs 

with new and improved FCSOVs. 

Actions and Compliance 

(f) Unless already done, at the next 

scheduled maintenance check or within 12 

months after December 14, 2010 (the effective 

date of this AD) or within 600 hours timein-service after December 14, 2010 (the 

effective date of this AD), whichever occurs 

first, replace both flow control shutoff valves, 

part number (P/N) 1300230–13 and P/N 

1300230–23, with P/N 1300230–15 and P/N 

1300230–25. Do the replacements following 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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EMBRAER Phenom Service Bulletin 500–21– 

0001, dated December 9, 2009. 

FAA AD Differences 

Note: 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, Standards Office, 

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: Karl Schletzbaum, Aerospace 

Engineer, FAA, Small Airplane Directorate, 

901 Locust, Room 301, Kansas City, Missouri 

64106; telephone: (816) 329–4146; fax: (816) 

329–4090. Before using any approved AMOC 

on any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(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, a Federal 

agency may not conduct or sponsor, and a 

person is not required to respond to, nor 

shall a person be subject to a penalty for 

failure to comply with a collection of 

information subject to the requirements of 

the Paperwork Reduction Act unless that 

collection of information displays a current 

valid OMB Control Number. The OMB 

Control Number for this information 

collection is 2120–0056. Public reporting for 

this collection of information is estimated to 

be approximately 5 minutes per response, 

including the time for reviewing instructions, 

completing and reviewing the collection of 

information. All responses to this collection 

of information are mandatory. Comments 

concerning the accuracy of this burden and 

suggestions for reducing the burden should 

be directed to the FAA at: 800 Independence 

Ave., SW., Washington, DC 20591, Attn: 

Information Collection Clearance Officer, 

AES–200. 

Related Information 

(h) Refer to MCAI AGEˆNCIA NACIONAL 

DE AVIAC ̧A ̃ O CIVIL—BRAZIL (ANAC) AD 

No. 2010–08–01, dated September 3, 2010; 

and EMBRAER Phenom Service Bulletin 

500–21–0001, dated December 9, 2009, for 

related information. 

Material Incorporated by Reference 

(i) You must use EMBRAER Phenom 

Service Bulletin 500–21–0001, dated 

December 9, 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 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact EMBRAER Empresa 

Brasileira de Aerona ́utica S.A., Phenom 

Maintenance Support, Av. Brig. Farina Lima, 

2170, Sao Jose dos Campos—SP, CEP: 12227– 

901—P.O. Box: 38/2, BRASIL, telephone: 

++55 12 3927–5383; fax: ++55 12 3927–2610; 

E-mail: reliability.executive@embraer.com.br; 

Internet: http://www.embraer.com.br. 

(3) You may review copies of the 

referenced service information at the FAA, 

Small Airplane Directorate, 901 Locust, 

Kansas City, Missouri 64106. For information 

on the availability of this material at the 

FAA, call 816–329–4148. 

(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 

October 29, 2010. 

John Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–27974 Filed 11–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0705; Directorate 

Identifier 2009–NM–206–AD; Amendment 

39–16499; AD 2010–23–10] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Corporation Model DC–9–14, 

DC–9–15, and DC–9–15F Airplanes; 

and Model DC–9–20, DC–9–30, DC–9– 

40, and DC–9–50 Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

the products listed above. That AD 

currently requires repetitive high 

frequency eddy current inspections to 

detect cracking in the vertical radius 

(also known as the ‘‘vertical leg’’) of the 

upper cap of the center wing rear spar, 

and repair if necessary. This new AD 

expands the area to be inspected by 

including inspections to detect cracking 

of the horizontal flange of the upper cap 

of the left and right center wing rear 

spar, and repair if necessary. This new 

AD also adds certain airplanes to the 

applicability. This AD was prompted by 

reports of cracking in the vertical radius 

of the upper cap of the center wing rear 

spar, and the horizontal flange on the 

inboard side of the of the rear spar 

upper cap, which resulted from stress 

corrosion. We are issuing this AD to 

detect and correct cracking in the 

vertical leg or the horizontal flange of 

the upper cap of the left or right center 

wing rear spar, which could cause a 

possible fuel leak, damage to the wing 

skin, and structural failure of the upper 

cap, and result in reduced structural 

integrity of the airplane. 

DATES: This AD is effective December 

14, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of December 14, 2010. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, 3855 

Lakewood Boulevard, MC D800–0019, 

Long Beach, California 90846–0001; 

telephone 206–544–5000, extension 2; 

fax 206–766–5683; e-mail 

dse.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

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. 

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 (phone: 800–647–5527) is 

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: 

Wahib Mina, Aerospace Engineer, 

Airframe Branch, ANM–120L, FAA, Los 

Angeles Aircraft Certification Office, 

3960 Paramount Boulevard, Lakewood, 

California 90712–4137; telephone (562) 

627–5324; fax (562) 627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede airworthiness 


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