13096 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

inspect the ADG identification plate and, as 

applicable, do the actions of paragraph 

(f)(1)(ii)(A) or (f)(1)(ii)(B) of this AD. 

(A) If the identification plate is marked 

with the symbol ‘‘24–2,’’ no further action is 

required by this paragraph. 

(B) If the identification plate is not marked 

with the symbol ‘‘24–2,’’ modify the ADG 

wiring in accordance with the 

Accomplishment Instructions of the service 

bulletin. 

(2) For all Model CL–600–2C10 airplanes 

having SN 10004 and subsequent, and Model 

CL–600–2D15 and CL–600–2D24 airplanes 

having SN 15002 and subsequent: As of the 

effective date of this AD, no ADG part 

number 604–90800–19 (761339E), having SN 

0101 through 0132, 0134 through 0167, 0169 

through 0358, 0360 through 0438, 0440 

through 0456, 0458 through 0467, 0469, 0471 

through 0590, 0592 through 0597, 0599 

through 0745, 0747 through 1005, or 1400 

through 1439, may be installed on any 

airplane, unless the identification plate of the 

ADG is identified with the symbol ‘‘24–2.’’ 

Note 1: Bombardier Service Bulletin 

670BA–24–015, Revision A, dated December 

18, 2006, refers to Hamilton Sundstrand 

Service Bulletin ERPS10AG–24–2, dated 

February 19, 2004, for further information on 

identifying the symbol ‘‘24–2.’’ 

(3) Actions done before the effective date 

of this AD according to Bombardier Service 

Bulletin 670BA–24–015, dated May 17, 2004, 

are considered acceptable for compliance 

with the corresponding actions specified in 

this AD, provided the ADG has not been 

replaced since those actions were done. 

FAA AD Differences 

Note 2: 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, New York Aircraft 

Certification 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: Fabio Buttitta, 

Aerospace Engineer, Airframe & Propulsion 

Branch, ANE–171, FAA, New York Aircraft 

Certification Office, 1600 Stewart Avenue, 

Suite 410, Westbury, New York 11590; 

telephone (516) 228–7303; fax (516) 794– 

5531. 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 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, 

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 Canadian Airworthiness 

Directive CF–2008–10, dated February 5, 

2008; and Bombardier Service Bulletin 

670BA–24–015, Revision A, dated December 

18, 2006; for related information. 

Material Incorporated by Reference 

(i) You must use Bombardier Service 

Bulletin 670BA–24–015, Revision A, dated 

December 18, 2006, 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 or 425–227–1152. 

(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 March 6, 

2009. 

Linda Navarro, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–6222 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0831; Directorate 

Identifier 2008–NM–051–AD; Amendment 

39–15853; AD 2009–06–16] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

and Model ERJ 190 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 occurrence of failed 

bearings of the RAT [ram air turbine] 

generator, which may lead to a RAT 

generator failure. The RAT generator was 

designed to provide emergency electrical 

power to essential systems in case of loss of 

all other sources of aircraft AC electrical 

power. 

* * * * * 

Loss of emergency electrical power 

could result in reduced controllability 

of the airplane during in-flight 

emergencies. We are issuing this AD to 

require actions to correct the unsafe 

condition on these products. 

DATES: This AD becomes effective April 

30, 2009. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of April 30, 2009. 

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 August 4, 2008 (73 FR 

45178). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It has been found the occurrence of failed 

bearings of the RAT [ram air turbine] 

generator, which may lead to a RAT 

generator failure. The RAT generator was 

designed to provide emergency electrical 

power to essential systems in case of loss of 

all other sources of aircraft AC electrical 

power. 

Loss of emergency electrical power 

could result in reduced controllability 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13097 

of the airplane during in-flight 

emergencies. The corrective actions 

include determining the part number 

and serial number of the RAT, and reidentifying or replacing the RAT if 

necessary. 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 

considered the comments received from 

a single commenter. 

Request To Change Applicability 

Embraer suggests restricting the 

applicability specified in paragraph (c) 

of the NPRM to the affected airplanes 

‘‘equipped with a RAT having part 

number (P/N) 1703781.’’ Embraer did 

not provide a reason for the request. 

We do not agree to restrict the 

applicability as suggested by Embraer. 

The applicability specified in this AD 

includes all EMBRAER Model ERJ 170 

and ERJ 190 airplanes, because the first 

action is to determine the part number 

and serial number of the RAT. 

Therefore, it is not necessary to restrict 

the applicability by identifying the part 

number of the RAT. We have made no 

change to the AD in this regard. 

Request To Clarify RAT Part Number 

Embraer asks that we change the 

replacement part specification in 

paragraph (f)(1)(ii) of the NPRM from ‘‘a 

RAT having P/N 1703781A’’ to ‘‘a RAT 

not having P/N 1703781.’’ Embraer 

states that not restricting P/N 1703781A 

as the only allowable replacement part 

number will avoid issuing alternative 

methods of compliance if a new RAT 

part number is approved in the future. 

We agree with the intent of the 

request to change the replacement part 

number specification in paragraph 

(f)(1)(ii) of this AD. We have determined 

that the replacement part should not be 

restricted to P/N 1703781A only; 

therefore, we have removed that part 

number and specified replacing the 

affected RAT with a serviceable RAT. 

We have changed paragraph (f)(1)(ii) of 

this AD accordingly. 

Request To Add Spares Paragraph 

Embraer suggests a new paragraph be 

added to the AD to cover possible spare 

RATs in stock. Embraer states that, as 

currently written, airplanes that do not 

have the affected part installed would 

be in compliance with the AD. 

However, the affected part could be 

installed during performance of airplane 

maintenance. 

We do not agree that a spares 

paragraph should be added to the AD. 

In this AD we require that affected parts 

be replaced with serviceable parts 

having a new part number. This new 

part number is also specified in the 

Aircraft Illustrated Parts Catalog as 

replacing the old part number; therefore 

a spares paragraph is not necessary. We 

have made no change to the AD in this 

regard. 

Conclusion 

We reviewed the relevant data, 

considered the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the change described previously. 

We also 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. 

Costs of Compliance 

We estimate that this AD will affect 

124 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 $80 per work-hour. 

Based on these figures, we estimate the 

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

be $9,920, or $80 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: 

13098 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

2009–06–16 Empresa Brasileira de 

Aeronautica S.A. (Embraer): 

Amendment 39–15853. Docket No. 

FAA–2008–0831; Directorate Identifier 

2008–NM–051–AD. 

Effective Date 

(a) This airworthiness directive (AD) 

becomes effective April 30, 2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

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

SU, –200 LR, –200 STD, and –200 SU 

airplanes; and Model ERJ 190–100 IGW, –100 

LR, –100 STD, –100 ECJ, –200 IGW, –200 LR, 

and –200 STD airplanes; certificated in any 

category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 24: Electrical power. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the occurrence of failed 

bearings of the RAT [ram air turbine] 

generator, which may lead to a RAT 

generator failure. The RAT generator was 

designed to provide emergency electrical 

power to essential systems in case of loss of 

all other sources of aircraft AC electrical 

power. 

Loss of emergency electrical power could 

result in reduced controllability of the 

airplane during in-flight emergencies. The 

corrective actions include determining the 

part number (P/N) and serial number (S/N) 

of the RAT, and re-identifying or replacing 

the RAT if necessary. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 1,300 flight hours or 6 months 

after the effective date of this AD, whichever 

occurs first, determine the P/N and S/N of 

the RAT. For airplanes on which a RAT 

having P/N 1703781 is installed, do the 

actions specified in paragraphs (f)(1)(i) and 

(f)(1)(ii) of this AD, as applicable, in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–24–0041, Revision 01, dated August 28, 

2007; or 190–24–0012, Revision 01, dated 

August 21, 2007; as applicable. 

(i) For airplanes on which the S/N on the 

RAT is 0110, 0150, 0255, or 0354 through 

0419: Before further flight, re-identify RAT P/ 

N 1703781 to P/N 1703781A. 

(ii) For airplanes on which the S/N on the 

RAT is 0005, 0101 through 0109, 0111 

through 0149, 0151 through 0254, or 0256 

through 0353: Within 6,000 flight hours or 26 

months after the effective date of this AD, 

whichever occurs first, replace the affected 

RAT with a serviceable RAT. 

(2) Previous accomplishment of the reidentification or replacement of the RAT 

before the effective date of this AD in 

accordance with EMBRAER Service Bulletin 

170–24–0041 or 190–24–0012, both dated 

May 4, 2007, meets the requirements of 

(f)(1)(i) and (f)(1)(ii) of this AD, as applicable. 

FAA AD Differences 

Note: This AD differs from the MCAI and/ 

or service information as follows: No 

difference. 

Other FAA AD Provisions 

(g) The following provisions also apply to 

this AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, 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 

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 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, 

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 Brazilian Airworthiness 

Directives 2007–12–01 and 2007–12–02, both 

effective January 24, 2008, and EMBRAER 

Service Bulletins 170–24–0041, Revision 01, 

dated August 28, 2007; and 190–24–0012, 

Revision 01, dated August 21, 2007; for 

related information. 

Material Incorporated by Reference 

(i) You must use EMBRAER Service 

Bulletin 170–24–0041, Revision 01, dated 

August 28, 2007; or EMBRAER Service 

Bulletin 190–24–0012, Revision 01, dated 

August 21, 2007; 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 or 425–227–1152. 

(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 March 

10, 2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–6565 Filed 3–25–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 137 

Operations in Controlled Airspace 

Designated for an Airport 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This final rule revises an 

incorrect cross-reference in the 

regulations regarding operations in 

controlled airspace designated for an 

airport. The current regulations crossreference a particular paragraph that no 

longer exists. This final rule updates the 

cross-reference so that the reader will be 

able to find the appropriate weather 

minimum limitations on visual flight 

rules for aircraft in controlled airspace 

near airports. 

DATES: Effective Date: This final rule is 

effective March 26, 2009. 

FOR FURTHER INFORMATION CONTACT: Carl 

N. Johnson, Flight Standards Office, 

AFS–820, Federal Aviation 

Administration, 800 Independence 

Ave., SW., Washington, DC 20591; 

telephone (202) 493–5351; e-mail 

carl.n.johnson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 17, 1991 (56 FR 65664), 

an amendment created § 137.43, 

Operations in controlled airspace 

designated for an airport. Paragraph (c) 

of this section contains a reference to 

paragraph (a)(2) of § 91.157, Special 

VFR weather minimums. The purpose 

of the cross-reference is to set out the 

exceptions for aircraft operating under 

special visual flight rules (VFR) in