Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 34357 

Actions Compliance Procedures 

(4) If the cracks identified in paragraph (f)(3) of 

this AD meet or exceed the limits specified in 

paragraph 3 of Cessna Citation Alert Service 

Letter ASL525A–78–01, Revision 1, dated 

October 27, 2009, replace the thrust attenuator paddle and attachment hardware, as applicable.

(i) If the conditions of paragraph 3.A.(1) of 

Cessna Citation Alert Service Letter 

ASL525A–78–01, Revision 1, dated October 27, 2009, are met, replace before further flight after the inspection required in 

paragraph (f)(3) of this AD. After the replacement, continue with the repetitive inspections specified in paragraph (f)(1) of 

this AD.

(ii) If the conditions of paragraph 3.A.(2) of 

Cessna Citation Alert Service Letter 

ASL525A–78–01, Revision 1, dated October 27, 2009, are met, replace within the 

next 150 hours TIS after the inspection required in paragraph (f)(3) of this AD. After 

the replacement, continue with the repetitive inspections specified in paragraph 

(f)(1) of this AD.

Follow Cessna Citation Alert Service Letter 

ASL525A–78–01, Revision 1, dated October 27, 2009. 

(5) Replace both thrust attenuator paddles ....... Within the next 300 hours TIS after July 22, 

2010 (the effective date of this AD), or within 1 year after July 22, 2010 (the effective 

date of this AD), whichever occurs first.

Follow Cessna Citation Service Bulletin 

SB525A–78–02, Revision 1, dated February 

5, 2010. 

(g) The replacement required in paragraph 

(f)(5) of this AD terminates the repetitive 

inspection requirement of this AD. This 

replacement may be done at anytime, but 

must be done no later than 300 hours TIS 

after July 22, 2010 (the effective date of this 

AD), or within 1 year after July 22, 2010 (the 

effective date of this AD), whichever occurs 

first. 

(h) If, before July 22, 2010 (the effective 

date of this AD), you have done all the 

actions in the original issue of Cessna 

Citation Service Bulletin SB525A–78–02, 

dated November 13, 2009, then no further 

action is required by this AD. This is 

considered ‘‘unless already done’’ credit for 

this AD action. 

Alternative Methods of Compliance 

(AMOCs) 

(i) The Manager, Wichita Aircraft 

Certification Office (ACO), 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: T.N. 

Baktha, Aerospace Engineer, Wichita ACO, 

1801 Airport Road, Room 100, Wichita, 

Kansas 67209; telephone: (316) 946–4155; 

fax: (316) 946–4107. 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. 

(j) AMOCs approved for AD 2009–24–13 

are approved for this AD. 

Material Incorporated by Reference 

(l) You must use Cessna Citation Alert 

Service Letter ASL525A–78–01, Revision 1, 

dated October 27, 2009, and Cessna Citation 

Service Bulletin SB525A–78–02, Revision 1, 

dated February 5, 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 

Cessna Citation Service Bulletin SB525A–78– 

02, Revision 1, dated February 5, 2010, under 

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

(2) On December 15, 2009 (74 FR 62479, 

November 30, 2009), the Director of the 

Federal Register approved the incorporation 

by reference of Cessna Citation Alert Service 

Letter ASL525A–78–01, Revision 1, dated 

October 27, 2009. 

(3) For service information identified in 

this AD, contact Cessna Aircraft Company, 

Product Support, P.O. Box 7706, Wichita, KS 

67277; telephone: (316) 517–6000; fax: (316) 

517–8500; Internet: http://www.cessna.com. 

(4) You may review copies of the service 

information incorporated by reference for 

this AD at the FAA, Central Region, Office of 

the Regional Counsel, 901 Locust, Kansas 

City, Missouri 64106. For information on the 

availability of this material at the Central 

Region, call (816) 329–3768. 

(5) 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 May 

26, 2010. 

Steven W. Thompson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–13139 Filed 6–16–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0170; Directorate 

Identifier 2009–NM–127–AD; Amendment 

39–16328; AD 2010–12–07] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135ER, 

–135KE, –135KL, and –135LR 

Airplanes; and EMBRAER Model 

EMB–145, –145ER, –145MR, –145LR, 

–145XR, –145MP, and –145EP 

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: 

Reassessment of the damage tolerance 

analysis resulted in threshold reduction for 

some Structure Significant Items (SSI) of the 

Maintenance Review Board Report (MRBR) 

Airworthiness Limitations Items (ALI). 

Failure to inspect these structural 

components, according to the new threshold, 

could prevent a timely detection of fatigue 

cracking. These cracks, if not properly 


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34358 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 

addressed, could adversely affect the 

structural integrity of the airplane. 

* * * * * 

We are issuing this AD to require 

actions to correct the unsafe condition 

on these products. 

DATES: This AD becomes effective July 

22, 2010. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of July 22, 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 February 25, 2010 (75 FR 

8557). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Reassessment of the damage tolerance 

analysis resulted in threshold reduction for 

some Structure Significant Items (SSI) of the 

Maintenance Review Board Report (MRBR) 

Airworthiness Limitations Items (ALI). 

Failure to inspect these structural 

components, according to the new threshold, 

could prevent a timely detection of fatigue 

cracking. These cracks, if not properly 

addressed, could adversely affect the 

structural integrity of the airplane. 

* * * * * 

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 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 1 workhour 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 $60,435, or $85 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: 

2010–12–07 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16328. Docket No. 

FAA–2010–0170; Directorate Identifier 

2009–NM–127–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective July 22, 2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Empresa 

Brasileira de Aeronautica S.A. (EMBRAER) 

Model EMB–135ER, –135KE, –135KL, and 

–135LR airplanes; and EMBRAER Model 

EMB–145, –145ER, –145MR, –145LR, 

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

certificated in any category. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 34359 

Subject 

(d) Air Transport Association (ATA) of 

America Code 57: Wings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

Reassessment of the damage tolerance 

analysis resulted in threshold reduction for 

some Structure Significant Items (SSI) of the 

Maintenance Review Board Report (MRBR) 

Airworthiness Limitations Items (ALI). 

Failure to inspect these structural 

components, according to the new threshold, 

could prevent a timely detection of fatigue 

cracking. These cracks, if not properly 

addressed, could adversely affect the 

structural integrity of the airplane. 

* * * * * 

Compliance 

(f) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Actions 

(g) Within 90 days after the effective date 

of this AD, do the following actions, as 

applicable. 

(1) For EMBRAER Model EMB–135ER, 

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

Model EMB–145, –145EP, –145ER, –145LR, 

–145MP, and –145MR airplanes: Revise the 

Airworthiness Limitations (ALS) of the 

Instructions for Continued Airworthiness 

(ICA) to incorporate Tasks 54–50–00–230– 

802–A00 and 54–50–00–220–808–A01 

specified in Appendix 2, Airworthiness 

Limitation Requirements, of EMBRAER 

EMB135/EMB145 Maintenance Review 

Board Report MRB–145/1150, Revision 12, 

dated September 19, 2008 (the ‘‘MRBR’’). The 

initial compliance times for the tasks start 

from the applicable threshold specified in 

Appendix 2 of the MRBR, or within 500 

flight cycles after the effective date of this 

AD, whichever occurs later. 

(2) For EMBRAER Model EMB–145EP, 

–145ER, –145LR, –145MR, and –145MP 

airplanes: Revise the ALS of the ICA to 

incorporate Tasks 57–26–00–250–815–A00, 

57–26–00–250–815–A01, 57–26–00–250– 

813–A00, and 57–26–00–250–813–A02, 

specified in Appendix 2, Airworthiness 

Limitation Requirements, of EMBRAER 

EMB135/EMB145 Maintenance Review 

Board Report MRB–145/1150, Revision 12, 

dated September 19, 2008 (‘‘the MRBR’’). The 

initial compliance times for the tasks start 

from the later of the times specified in 

paragraph (g)(2)(i) or (g)(2)(ii) of this AD. 

(i) At the later of the applicable thresholds 

specified in Appendix 2 of the MRBR or 

within 500 flight cycles after the effective 

date of this AD, whichever occurs later. 

(ii) At the applicable time specified in 

Section A2.3.2.3.1, ‘‘Fatigue Threshold 

Reduced,’’ of Appendix 2, Airworthiness 

Limitation Requirements, of the MRBR. 

(3) For all airplanes: Revise the ALS of the 

ICA to incorporate Tasks 57–10–00–250– 

801–A00 and 57–10–00–250–801–A01 

specified in EMBRAER Temporary Revision 

12–1, dated November 27, 2008, to the 

EMBRAER EMB135/EMB145 Maintenance 

Review Board Report MRB–145/1150, 

Revision 12, dated September 19, 2008. The 

initial compliance times for the tasks start at 

the times specified in paragraphs (g)(3)(i) and 

(g)(3)(ii) of this AD, as applicable. 

(i) For Task 57–10–00–250–801–A00: Prior 

to the accumulation of 23,600 total flight 

cycles, or within 500 flight cycles after the 

effective date of this AD, whichever occurs 

later. 

(ii) For Task 57–10–00–250–801–A01: 

Within 24,000 flight cycles after 

accomplishing EMBRAER Service Bulletin 

145–57–0047, dated October 18, 2008, or 

within 500 flight cycles after the effective 

date of this AD, whichever occurs later. 

(h) After accomplishing the actions 

specified in paragraph (g) of this AD, no 

alternative inspections, inspection intervals, 

or airworthiness limitations may be used 

unless the inspections, inspection intervals, 

or airworthiness limitations are approved as 

alternative method of compliance in 

accordance with the procedures specified in 

paragraph (i) of 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, 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 FAAapproved 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 Brazilian Airworthiness 

Directive 2009–05–02, effective June 1, 2009; 

EMBRAER Temporary Revision 12–1, dated 

November 27, 2008, to the EMBRAER 

EMB135/EMB145 Maintenance Review 

Board Report MRB–145/1150, Revision 12, 

dated September 19, 2008; and Tasks 54–50– 

00–230–802–A00, 54–50–00–220–808–A01, 

57–26–00–250–815–A00, 57–26–00–250– 

815–A01, 57–26–00–250–813–A00, and 57– 

26–00–250–813–A02, specified in Appendix 

2, Airworthiness Limitation Requirements, of 

EMBRAER EMB135/EMB145 Maintenance 

Review Board Report MRB–145/1150, 

Revision 12, dated September 19, 2008; for 

related information. 

Material Incorporated by Reference 

(k) You must use EMBRAER Temporary 

Revision 12–1, dated November 27, 2008, to 

the EMBRAER EMB135/EMB145 

Maintenance Review Board Report MRB– 

145/1150; and the specified tasks in 

Appendix 2, Airworthiness Limitation 

Requirements, of EMBRAER EMB135/ 

EMB145 Maintenance Review Board Report 

MRB–145/1150, Revision 12, dated 

September 19, 2008; 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 May 25, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–13429 Filed 6–16–10; 8:45 am] 

BILLING CODE 4910–13–P 


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