Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Rules and Regulations 19201 

This condition, if not corrected, could lead 

to the short circuit of wires dedicated to 

oxygen, which, in case of emergency, could 

result in a large number of passenger oxygen 

masks not being supplied with oxygen, 

possibly causing personal injuries. 

For the reasons described above, this AD 

requires the installation of a stirrup on the 

terminal block 5507VT between FR53.9 and 

FR54, and the re-routing of the wiring route 

9R. 

Actions and Compliance 

(f) Within 24 months after the effective 

date of this AD, unless already done: Install 

a stirrup on the terminal block 5507VT 

between FR53.9 and FR54 and modify the 

wiring route 9R in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A330–92–3080, 

dated November 12, 2008; or Airbus 

Mandatory Service Bulletin A340–92–4080, 

dated November 12, 2008; as applicable. 

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: Vladimir 

Ulyanov, Aerospace Engineer, 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 

(h) Refer to MCAI European Aviation 

Safety Agency Airworthiness Directive 2009– 

0076, dated April 6, 2009; Airbus Mandatory 

Service Bulletin A330–92–3080, dated 

November 12, 2008; and Airbus Mandatory 

Service Bulletin A340–92–4080, dated 

November 12, 2008; for related information. 

Material Incorporated by Reference 

(i) You must use Airbus Mandatory Service 

Bulletin A330–92–3080, dated November 12, 

2008; or Airbus Mandatory Service Bulletin 

A340–92–4080, dated November 12, 2008; as 

applicable; to do the actions required by this 

AD, unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact 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. 

(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 April 1, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–8182 Filed 4–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1231; Directorate 

Identifier 2009–NM–212–AD; Amendment 

39–16261; AD 2010–08–06] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes; 

and Model ERJ 190–100 STD, –100 LR, 

–100 IGW, –200 STD, –200 LR, and 

–200 IGW 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: 

It has been found the possibility of missing 

points of sealant application on the vapor 

barrier assembly in the wing stub rear box. 

In the event of fuel tank leak in this region 

associated with an unsealed vapor barrier 

assembly, migration of flammable vapors and 

fluids to middle electronic bay may occur, 

which then could lead to an uncontained fire 

event if the flammable vapors finds an 

ignition source. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective May 

19, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of May 19, 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 January 5, 2010 (75 FR 260). 

That NPRM proposed to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found the possibility of missing 

points of sealant application on the vapor 

barrier assembly in the wing stub rear box. 

In the event of fuel tank leak in this region 

associated with an unsealed vapor barrier 

assembly, migration of flammable vapors and 

fluids to middle electronic bay may occur, 

which then could lead to an uncontained fire 

event if the flammable vapors finds an 

ignition source. 

* * * * * 

The required actions include a detailed 

inspection for gaps, voids, or holes in 

the sealant. Corrective actions include 

applying sealant into any gaps, voids, or 

holes. You may obtain further 


jlentini on DSKJ8SOYB1PROD with RULES
19202 Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Rules and Regulations 

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 single comment 

received. 

Request To Change Paragraph 

Reference 

The manufacturer, EMBRAER, 

requests that we revise paragraph (g)(3) 

of the NPRM to refer to the inspection 

specified in paragraph (g)(1) of the 

NPRM rather than paragraph (f)(1) as 

stated in the NPRM, because the 

inspection is required by paragraph 

(g)(1) of the NPRM. 

We agree to revise paragraph (g)(3) of 

the AD to refer to paragraph (g)(1) of the 

AD. Paragraph (f)(1) of this AD does not 

exist and paragraph (f) has no 

inspection requirement; paragraph (g)(1) 

of this AD contains the AD’s only 

inspection requirement. We have 

changed paragraph (g)(3) of the AD 

accordingly. 

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. 

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. 

Explanation of Change to Costs of 

Compliance 

Since issuance of the NPRM, we have 

increased the labor rate used in the 

Costs of Compliance from $80 per workhour to $85 per work-hour. The Costs of 

Compliance information, below, reflects 

this increase in the specified hourly 

labor rate. 

Costs of Compliance 

We estimate that this AD will affect 

about 197 products of U.S. registry. We 

also estimate that it will take about 5 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

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

be $83,725, or $425 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: 

2010–08–06 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16261. Docket No. 

FAA–2009–1231; Directorate Identifier 

2009–NM–212–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective May 19, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

identified in paragraphs (c)(1) and (c)(2) of 

this AD; certificated in any category. 

(1) Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170–100 LR, –100 

STD, –100 SE, –100 SU, –200 LR, –200 STD, 

and –200 SU airplanes, serial numbers 

17000002, 17000004 through 17000013 

inclusive, and 17000015 through 17000235 

inclusive. 

(2) Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 190–100 STD, –100 

LR, –100 IGW, –200 STD, –200 LR, and –200 

IGW airplanes, serial numbers 19000002, 

19000004, 19000006 through 19000108 

inclusive, 19000110 through 19000139 

inclusive, 19000141 through 19000158 

inclusive, 19000160 through 19000176 

inclusive, 19000178 through 19000202 

inclusive, 19000204 through 19000213 

inclusive, and 19000215. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the possibility of missing 

points of sealant application on the vapor 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 71 / Wednesday, April 14, 2010 / Rules and Regulations 19203 

barrier assembly in the wing stub rear box. 

In the event of fuel tank leak in this region 

associated with an unsealed vapor barrier 

assembly, migration of flammable vapors and 

fluids to middle electronic bay may occur, 

which then could lead to an uncontained fire 

event if the flammable vapors finds an 

ignition source. 

* * * * * 

The required actions include a detailed 

inspection for gaps, voids, or holes in the 

sealant. Corrective actions include applying 

sealant into any gaps, voids, or holes. 

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) Within 6,000 flight hours or 24 months 

after the effective date of this AD, whichever 

occurs first, do a detailed inspection of the 

vapor barrier assembly in the wing stub rear 

box for missing sealant which forms gaps, 

voids or holes, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 170–57–0036, dated March 

13, 2009 (for Model ERJ 170–100 LR, –100 

STD, –100 SE, –100 SU, –200 LR, –200 STD, 

and –200 SU airplanes); or EMBRAER 

Service Bulletin 190–57–0027, dated March 

18, 2009 (for Model ERJ 190–100 STD, –100 

LR, –100 IGW, –200 STD, –200 LR, and –200 

IGW airplanes). 

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 mirror, magnifying 

lenses, etc., may be necessary. Surface 

cleaning and elaborate access procedures 

may be required.’’ 

(2) If the vapor barrier sealant is found to 

be correctly applied in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 170–57–0036, dated March 

13, 2009 (for Model ERJ 170–100 LR, –100 

STD, –100 SE, –100 SU, –200 LR, –200 STD, 

and –200 SU airplanes); or EMBRAER 

Service Bulletin 190–57–0027, dated March 

18, 2009 (for Model ERJ 190–100 STD, –100 

LR, –100 IGW, –200 STD, –200 LR, and –200 

IGW airplanes); no further action is required 

by this AD. 

(3) If any vapor barrier sealant is found 

missing (gaps, voids or holes) during the 

inspection required by paragraph (g)(1) of 

this AD, before further flight apply sealant 

into the applicable gaps, voids, and holes, in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–57–0036, dated March 13, 2009 (for 

Model ERJ 170–100 LR, –100 STD, –100 SE, 

–100 SU, –200 LR, –200 STD, and –200 SU 

airplanes); or EMBRAER Service Bulletin 

190–57–0027, dated March 18, 2009 (for 

Model ERJ 190–100 STD, –100 LR, –100 IGW, 

–200 STD, –200 LR, and –200 IGW 

airplanes). 

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: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; fax (425) 227–1149. Before using 

any approved AMOC on any airplane to 

which the AMOC applies, notify your 

principal maintenance inspector (PMI) or 

principal avionics inspector (PAI), as 

appropriate, or lacking a principal inspector, 

your local Flight Standards District Office. 

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 MCAI Brazilian Airworthiness 

Directives 2009–07–01 and 2009–07–02, both 

effective July 13, 2009; EMBRAER Service 

Bulletin 170–57–0036, dated March 13, 2009; 

and EMBRAER Service Bulletin 190–57– 

0027, dated March 18, 2009; for related 

information. 

Material Incorporated by Reference 

(j) You must use EMBRAER Service 

Bulletin 170–57–0036, dated March 13, 2009; 

or EMBRAER Service Bulletin 190–57–0027, 

dated March 18, 2009; as applicable; to do 

the actions required by this AD, unless the 

AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170—Putim—12227–901 Sa ̃o 

Jose dos Campos—SP—BRASIL; telephone: 

+55 12 3927–5852 or +55 12 3309–0732; fax: 

+55 12 3927–7546; e-mail: 

distrib@embraer.com.br; Internet: http:// 

www.flyembraer.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(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 April 1, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–8184 Filed 4–13–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1068; Directorate 

Identifier 2009–NM–042–AD; Amendment 

39–16258; AD 2010–08–03] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing 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 heating capability of several Angle Of 

Attack (AOA) transducer heating elements 

removed from in-service aircraft have been 

found to be below the minimum requirement. 

Also, it was discovered that a large number 

of AOA transducers repaired in an approved 

maintenance facility were not calibrated 

accurately. 

Inaccurate calibration of the AOA 

transducer and/or degraded AOA transducer 

heating elements can result in early or late 

activation of the stall warning, stick shaker 

and stick pusher by the Stall Protection 

Computer (SPC). 

* * * * * 

The unsafe condition is reduced 

controllability of the airplane. We are 

issuing this AD to require actions to 


jlentini on DSKJ8SOYB1PROD with RULES