31332 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Proposed Rules 

Applicability 

(c) This AD applies to the following Pratt 

& Whitney turbofan engines, with No. 3 

bearing oil pressure tube, part number (P/N) 

51J041–01, P/N 50J604–01, or P/N 50J924– 

01, installed: 

PW4000–94′′ Engines 

(1) PW4000–94′′ engines affected are 

PW4050, PW4052, PW4056, PW4060, 

PW4060A, PW4060C, PW4062, PW4062A, 

PW4152, PW4156, PW4156A, PW4158, 

PW4160, PW4460, PW4462, and PW4650, 

including models with any dash number 

suffix. 

PW4000–100′′ Engines 

(2) PW4000–100′′ engines affected are 

PW4164, PW4168, PW4168A, PW4164C, 

PW4164C/B, PW4170, PW4168A–1D, 

PW4168–1D, PW4164–1D, PW4164C–1D, 

and PW4164C/B–1D, including models with 

any dash number suffix. 

PW4000–112′′ Engines 

(3) PW4000–112′′ engines affected are 

PW4074, PW4074D, PW4077, PW4077D, 

PW4084, PW4084D, PW4090, PW4090–3, 

PW4090D, and PW4098, including models 

with any dash number suffix. 

(4) These engines are installed on, but not 

limited to, Airbus A300, A310, and A330 

series, Boeing MD–11, 747, 767, and 777 

series, airplanes. 

Unsafe Condition 

(d) This AD results from one report of a 

repaired No. 3 bearing oil pressure tube that 

cracked and caused an engine in-flight 

shutdown, one report of a test cell event, and 

eight reports since 2007, of repaired No. 3 

bearing oil pressure tubes found cracked that 

led to unscheduled engine removals. We are 

issuing this AD to prevent cracking of No. 3 

bearing oil pressure tubes which could result 

in internal oil fire, failure of the highpressure turbine disks, uncontained engine 

failure, and damage to the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed the 

next time the No. 3 bearing oil pressure tube 

is removed from the engine after the effective 

date of this AD, unless the actions have 

already been done. 

One-Time Visual Inspection of the No. 3 

Bearing Oil Pressure Tube 

(f) Perform a one-time visual inspection of 

the exterior of the No. 3 bearing oil pressure 

tube for cracks and evidence of being 

repaired. 

(1) Remove the tube from service if any 

cracks are found. 

(2) Remove the tube from service if found 

repaired, or if suspected that the tube was 

repaired. 

(g) After the effective date of this AD, do 

not install any repaired No. 3 bearing oil 

pressure tube into any engine. 

(h) Guidance on the No. 3 bearing oil 

pressure tube visual inspection can be found 

in: 

(1) Pratt & Whitney Clean, Inspect, Repair 

Manual PN 51A357, 72–41–20 for PW4000– 

94′′ and PW4000–100′′ series engines; or 

(2) Pratt & Whitney Clean, Inspect, Repair 

Manual PN 51A750, 72–41–20 for PW4000– 

112′′ series engines. 

Alternative Methods of Compliance 

(i) The Manager, Engine Certification 

Office, has the authority to approve 

alternative methods of compliance for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. 

Related Information 

(j) Contact James Gray, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: james.gray@faa.gov; telephone 

(781) 238–7742; fax (781) 238–7199, for more 

information about this AD. 

(k) Contact Pratt & Whitney, 400 Main St., 

East Hartford, CT 06108, telephone (860) 

565–7700; fax (860) 565–1605, for a copy of 

the repair manuals referenced in paragraphs 

(h)(1) and (h)(2) of this AD. 

Issued in Burlington, Massachusetts, on 

May 27, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–13314 Filed 6–2–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0546; Directorate 

Identifier 2009–NM–215–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–120, –120ER, 

–120FC, –120QC, and –120RT 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

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 found that 

some fuel quantity probes may fail 

during the airplane life leading to an 

erroneous fuel quantity indication to the 

crew. This erroneous indication may 

lead to the airplane being operated with 

less fuel than indicated which may lead 

to an uncommanded in-flight shutdown 

of one or both engines due to fuel 

starvation. 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 July 19, 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 

W12–40, 1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed 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; email: distrib@embraer.com.br; Internet: 

http://www.flyembraer.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 Operations office 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 Operations 

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: 

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: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Proposed Rules 31333 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2010–0546; Directorate Identifier 

2009–NM–215–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 based on those comments. 

We have lengthened the 30-day 

comment period for proposed ADs that 

address MCAI originated by aviation 

authorities of other countries to provide 

adequate time for interested parties to 

submit comments. The comment period 

for these proposed ADs is now typically 

45 days, which is consistent with the 

comment period for domestic transport 

ADs. 

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 (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2009–07–04, 

effective July 13, 2009 (referred to after 

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

condition for the specified products. 

The MCAI states: 

It has been found that some fuel quantity 

probes may fail during the airplane life 

leading to an erroneous fuel quantity 

indication to the crew. This erroneous 

indication may lead to the airplane being 

operated with less fuel than indicated which 

may lead to an uncommanded in-flight 

shutdown of one or both engines due to fuel 

starvation. 

* * * * * 

Required actions include determining 

the real fuel quantity on each tank using 

the dripless measuring sticks, 

comparing the results of the fuel 

quantity measurement with the fuel 

master indicator and repeater indicator 

readings for each tank, and corrective 

actions as applicable. Corrective actions 

include replacing the measuring stick 

and its relevant magnetic float, 

replacing the master fuel quantity 

indicator, and replacing the repeater 

indicator, as applicable; inspecting 

defective tank units for contamination, 

corrosion and integrity of components, 

and repairing or replacing as necessary; 

inspecting system wiring from the 

connector at the wing root to the master 

indicator for condition and continuity; 

and correcting the fuel quantity 

indication system; as applicable. You 

may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

Embraer has issued Sections 28–41– 

00 and 28–42–00 of Chapter 28 of the 

EMBRAER EMB120 Aircraft 

Maintenance Manual, Revision 24, 

dated March 30, 2009. The actions 

described in this service information are 

intended to correct the unsafe condition 

identified in the MCAI. 

FAA’s Determination and Requirements 

of This 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 the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Differences Between This AD and the 

MCAI 

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 

Based on the service information, we 

estimate that this proposed AD would 

affect about 77 products of U.S. registry. 

We also estimate that it would take 

about 2 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $85 per work-hour. Based on 

these figures, we estimate the cost of the 

proposed AD on U.S. operators to be 

$13,090, or $170 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 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: 


srobinson on DSKHWCL6B1PROD with PROPOSALS
31334 Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Proposed Rules 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2010– 

0546; Directorate Identifier 2009–NM– 

215–AD. 

Comments Due Date 

(a) We must receive comments by July 19, 

2010. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all Empresa 

Brasileira de Aeronautica S.A. (EMBRAER) 

Model EMB–120, –120ER, –120FC, –120QC, 

and –120RT airplanes, certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 28: Fuel. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found that some fuel quantity 

probes may fail during the airplane life 

leading to an erroneous fuel quantity 

indication to the crew. This erroneous 

indication may lead to the airplane being 

operated with less fuel than indicated which 

may lead to an uncommanded in-flight 

shutdown of one or both engines due to fuel 

starvation. 

Required actions include determining the 

real fuel quantity on each tank using the 

dripless measuring sticks, comparing the 

results of the fuel quantity measurement with 

the fuel master indicator and repeater 

indicator readings for each tank, and 

corrective actions as applicable. Corrective 

actions include replacing the measuring stick 

and its relevant magnetic float, replacing the 

master fuel quantity indicator, and replacing 

the repeater indicator, as applicable; 

inspecting defective tank units for 

contamination, corrosion and integrity of 

components, and repairing or replacing as 

necessary; inspecting system wiring from the 

connector at the wing root to the master 

indicator for condition and continuity; and 

correcting the fuel quantity indication 

system; as applicable. 

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 600 flight hours or 180 days 

after the effective date of this AD, whichever 

occurs first, with at least 400 kg (882 lb) of 

fuel on each tank, determine the real fuel 

quantity on each tank using the dripless 

measuring sticks, in accordance with 

Sections 28–41–00 and 28–42–00 of Chapter 

28 of the EMBRAER EMB120 Aircraft 

Maintenance Manual, Revision 24, dated 

March 30, 2009. Before further flight, 

compare the results of the fuel quantity 

measurement with the fuel master indicator 

and repeater indicator readings for each tank 

and do the applicable action in paragraph 

(g)(1), (g)(2), or (g)(3) of this AD. 

(1) If the difference of the two 

measurements is greater than 60 kg (132 lb) 

on both tanks, before further flight do all 

applicable corrective actions including 

correcting the FQIS, in accordance with 

Sections 28–41–00 and 28–42–00 of Chapter 

28 of the EMBRAER EMB120 Aircraft 

Maintenance Manual, Revision 24, dated 

March 30, 2009. 

(2) If the difference of the two 

measurements is greater than 60 kg (132 lb) 

on only one tank, and the conditions in 

paragraphs (g)(2)(i), (g)(2)(ii), and (g)(2)(iii) of 

this AD are met, do all applicable corrective 

actions including correcting the FQIS, in 

accordance with Sections 28–41–00 and 28– 

42–00 of Chapter 28 of the EMBRAER 

EMB120 Aircraft Maintenance Manual, 

Revision 24, dated March 30, 2009, within 10 

days after determining the real fuel quantity 

as specified in paragraph (g) of this AD. 

(i) Before further flight after each refueling, 

the actions required in paragraph (g) of this 

AD are done; 

(ii) Both fuel flow indicators are operating 

properly; and 

(iii) The fuel used or fuel remaining 

function of the totalizer is operating properly. 

(3) If the difference of the two 

measurements is greater than 60 kg (132 lb) 

on only one tank, and any condition in 

paragraph (g)(2)(i), (g)(2)(ii), or (g)(2)(iii) of 

this AD is not met, before further flight do 

all applicable corrective actions including 

correcting the FQIS, in accordance with 

Sections 28–41–00 and 28–42–00 of Chapter 

28 of the EMBRAER EMB120 Aircraft 

Maintenance Manual, Revision 24, dated 

March 30, 2009. 

(h) Repeat the actions required in 

paragraph (g) of this AD thereafter at 

intervals not to exceed 600 flight hours or 

180 days, whichever occurs first. 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: This 

AD requires doing all applicable corrective 

actions in accordance with Sections 28–41– 

00 and 28–42–00 of Chapter 28 of the 

EMBRAER EMB120 Aircraft Maintenance 

Manual, Revision 24, dated March 30, 2009. 

Corrective actions include replacing the 

measuring stick and its relevant magnetic 

float, replacing the master fuel quantity 

indicator, and replacing the repeater 

indicator, as applicable; inspecting defective 

tank units for contamination, corrosion and 

integrity of components, and repairing or 

replacing as necessary; inspecting system 

wiring from the connector at the wing root 

to the master indicator for condition and 

continuity; and correcting the fuel quantity 

indication system; as applicable. The MCAI 

does not provide a corrective action and only 

requires a repetitive functional check of the 

FQIS in accordance with Section 28–42–00 of 

Chapter 28 of the EMBRAER EMB120 

Aircraft Maintenance Manual, Revision 24, 

dated March 30, 2009. This difference has 

been coordinated with Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC). 

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, 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. 

Related Information 

(j) Refer to MCAI Brazilian Airworthiness 

Directive 2009–07–04, effective July 13, 2009; 

and Sections 28–41–00 and 28–42–00 of 

Chapter 28 of the EMBRAER EMB120 

Aircraft Maintenance Manual, Revision 24, 

dated March 30, 2009; for related 

information. 

Issued in Renton, Washington, on May 25, 

2010. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–13304 Filed 6–2–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 3500 

[Docket No. FR–5352–A–01] 

RIN 2502–A178 

Real Estate Settlement Procedures Act 

(RESPA): Strengthening and Clarifying 

RESPA’s ‘‘Required Use’’ Prohibition 

Advance Notice of Proposed 

Rulemaking 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: Through this Advance Notice 

of Proposed Rulemaking (ANPR), HUD 

commences the process of initiating 

rulemaking directed to strengthening 

and clarifying the prohibition against 

the ‘‘required use’’ of affiliated 


srobinson on DSKHWCL6B1PROD with PROPOSALS