63422 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed 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 a regulatory evaluation 

of the estimated costs to comply with 

this proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Bombardier, Inc.: Docket No. FAA–2010– 

0959; Directorate Identifier 2010–NM– 

119–AD. 

Comments Due Date 

(a) We must receive comments by 

November 29, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Bombardier, Inc. 

Model BD–700–1A10 and BD–700–1A11 

airplanes, serial numbers 9002 through 9401 

inclusive, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 29: Hydraulic power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

There have been two in-service reports of 

main landing gear (MLG) tire failure on 

landing, during which a flailing tire tread 

caused damage to No. 2 and No. 3 hydraulic 

system lines in the wing auxiliary spar area 

on the left side of the aircraft. This damage 

resulted in the loss of supply pressure to the 

inboard and outboard brakes, as the only 

remaining braking source available was the 

No. 3 hydraulic system accumulator. The 

degradation of the brake system performance 

could adversely affect the aircraft during 

landing. 

* * * * * 

The unsafe condition is loss of braking 

capability, which could reduce the ability of 

the flightcrew to safely land 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) Within 30 months after the effective 

date of this AD, relocate the No. 2 and No. 

3 hydraulic system lines in the wing 

auxiliary spar area on the left side of the 

aircraft, and modify the left wing rib and left 

and right debris shields, in accordance with 

the Accomplishment Instructions of 

Bombardier Service Bulletin 700–29–021 (for 

Model BD–700–1A10 airplanes) or 700– 

1A11–29–004 (for Model BD–700–1A11 

airplanes), both Revision 01, both dated 

January 25, 2010, as applicable. 

Credit for Actions Accomplished in 

Accordance With Previous Service 

Information 

(h) Actions accomplished before the 

effective date of this AD in accordance with 

Bombardier Service Bulletin 700–29–021 or 

700–1A11–29–004, both dated April 3, 2009, 

as applicable, 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 

(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–2010–10, dated March 26, 2010; 

and Bombardier Service Bulletins 700–29– 

021 and 700–1A11–29–004, both Revision 

01, both dated January 25, 2010; for related 

information. 

Issued in Renton, Washington, on October 

6, 2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25921 Filed 10–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1023; Directorate 

Identifier 2010–CE–055–AD] 

RIN 2120–AA64 

Airworthiness Directives; Embraer— 

Empresa Brasileira de Aeronautica 

S.A. Model EMB–500 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 63423 

products listed above. This proposed 

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 detected a short circuit in 

harness W101 due to its interference with the 

main door mechanism. Further analysis of 

the affected region has also revealed the 

possibility of chafing between the same 

harness and the oxygen tubing. The chafing 

of the wiring harness against the oxygen 

tubing could lead to a short circuit of the 

wiring harness and a subsequent fire in the 

airplane. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The proposed AD would require actions 

that are intended to address the unsafe 

condition described in the MCAI. 

DATES: We must receive comments on 

this proposed AD by November 29, 

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 20590, 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 Management Facility between 9 

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

Friday, except Federal holidays. The AD 

docket contains this proposed AD, 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. 

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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–1023; Directorate Identifier 

2010–CE–055–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed 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 proposed AD. 

Discussion 

The AGEˆNCIA NACIONAL DE 

AVIAC ̧A ̃ O CIVIL—BRAZIL, which is 

the aviation authority for Brazil, has 

issued AD No.: 2010–09–02, dated 

October 17, 2010 (referred to after this 

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

condition for the specified products. 

The MCAI states: 

It has been detected a short circuit in 

harness W101 due to its interference with the 

main door mechanism. Further analysis of 

the affected region has also revealed the 

possibility of chafing between the same 

harness and the oxygen tubing. The chafing 

of the wiring harness against the oxygen 

tubing could lead to a short circuit of the 

wiring harness and a subsequent fire in the 

airplane. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The MCAI requires installing clamps to 

the W101 wiring harness. You may 

obtain further information by examining 

the MCAI in the AD docket. 

Relevant Service Information 

Empresa Brasileira de Aerona ́utica 

S.A. (EMBRAER) has issued Service 

Bulletin No. SB 500–24–0002, dated 

March 8, 2010. The actions described in 

this service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

FAA’s Determination and Requirements 

of the Proposed 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 this State of 

Design Authority, they have notified us 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This Proposed 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 proposed 

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 

proposed AD. 

Costs of Compliance 

We estimate that this proposed AD 

will affect 83 products of U.S. registry. 

We also estimate that it would take 

about 12 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Required 

parts would cost about $13 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 costs. 

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 the proposed AD on U.S. 

operators to be $85,739, or $1,033 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 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

63424 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 

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 proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would 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 proposed 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 a regulatory evaluation 

of the estimated costs to comply with 

this proposed 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 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: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2010– 

1023; Directorate Identifier 2010–CE– 

055–AD. 

Comments Due Date 

(a) We must receive comments by 

November 29, 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 

thru 50000105, certificated in any category. 

Subject 

(d) Air Transport Association of America 

(ATA) Code 92: Wiring Elements. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been detected a short circuit in 

harness W101 due to its interference with the 

main door mechanism. Further analysis of 

the affected region has also revealed the 

possibility of chafing between the same 

harness and the oxygen tubing. The chafing 

of the wiring harness against the oxygen 

tubing could lead to a short circuit of the 

wiring harness and a subsequent fire in the 

airplane. 

Since this condition may occur in other 

airplanes of the same type and affects flight 

safety, a corrective action is required. Thus, 

sufficient reason exists to request compliance 

with this AD in the indicated time limit. 

The MCAI requires installing clamps to the 

W101 wiring harness. 

Actions and Compliance 

(f) Unless already done, within 600 hours 

time-in-service (TIS) after the effective date 

of this AD or within 12 months after the 

effective date of this AD, whichever comes 

first, install clamps and protection sleeves to 

harness W101 within the cockpit area and 

rework structures to eliminate the fretting 

spots of the harness with the main door 

locking mechanism and with the oxygen 

tube. Do the installation following Empresa 

Brasileira de Aerona ́utica S.A. (EMBRAER) 

Service Bulletin No. SB 500–24–0002, dated 

March 8, 2010. 

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, 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—Brazil (ANAC), AD No.: 

2010–09–02, dated October 17, 2010; and 

Empresa Brasileira de Aerona ́utica S.A. 

(EMBRAER) Service Bulletin No. SB 500–24– 

0002, dated March 8, 2010, for related 

information. 

Issued in Kansas City, Missouri, on October 

7, 2010. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–25924 Filed 10–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 117 and 121 

[Docket No. FAA–2009–1093; Notice No. 10– 

11] 

RIN 2120–AJ58 

Flightcrew Member Duty and Rest 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Response to requests for a 

comment period extension. 

SUMMARY: The FAA published a Notice 

of Proposed Rulemaking (NPRM) on 

September 14, 2010, to amend its 

existing flight, duty and rest regulations 

applicable to certificate holders and 

their flightcrew members. The FAA has 

received several requests from 

stakeholders to extend the comment 

period for filing comments to the 

proposed rule. This notice provides the 

FAA’s response to those requests. 

DATES: The comment period for the 

NPRM published on September 14, 

2010, at 75 FR 55852, closes on 

November 15, 2010. 

ADDRESSES: You may send comments to 

the NPRM identified by Docket Number 

FAA–2009–1093, using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

mstockstill on DSKH9S0YB1PROD with PROPOSALS