Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 26315 

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 European Union 

Airworthiness Directive 2008–0212, dated 

December 4, 2008; and Airbus Mandatory 

Service Bulletin A310–53–2124, Revision 02, 

dated May 22, 2008; for related information. 

Issued in Renton, Washington, on May 15, 

2009. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E9–12740 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0497; Directorate 

Identifier 2009–NM–019–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes; 

and Model ERJ 190–100 LR, –100 IGW, 

–100 STD, –200 STD, –200 LR, and 

–200 IGW 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 the possibility of cracks 

developing in the ram air turbine (RAT) 

machined support, located in the forward 

compartment [zone 124] of [the] aircraft, due 

to downlock pin not [being] pull[ed] during 

its retraction. In case of RAT failure or 

malfunction, it will not provide electrical 

power to essential systems of [the] aircraft in 

[an] electrical emergency situation. 

* * * * * 

Lack of electrical power could result 

in reduced controllability of the 

airplane. 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 2, 2009. 

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, 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; e-mail: 

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 

or 425–227–1152. 

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: 

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: 

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–2009–0497; Directorate Identifier 

2009–NM–019–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 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 Directives 2008–10–05 

and 2008–10–06, both dated November 

10, 2008 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

It has been found the possibility of cracks 

developing in the ram air turbine (RAT) 

machined support, located in the forward 

compartment [zone 124] of [the] aircraft, due 

to downlock pin not [being] pull[ed] during 

its retraction. In case of RAT failure or 

malfunction, it will not provide electrical 

power to essential systems of [the] aircraft in 

[an] electrical emergency situation. 

* * * * * 

Lack of electrical power could result in 

reduced controllability of the airplane. 

Corrective actions include a detailed 

visual inspection for cracking of the 

RAT machined support, replacing the 

support with a new part if any crack is 

found, and reinforcing or replacing the 

support if no crack is found. You may 

obtain further information by examining 

the MCAI in the AD docket. 

Relevant Service Information 

Embraer has issued Service Bulletins 

170–53–0057, dated February 21, 2008; 

and 190–53–0027, dated February 18, 

2008. 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 

26316 Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 

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 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 

Based on the service information, we 

estimate that this proposed AD would 

affect about 163 products of U.S. 

registry. We also estimate that it would 

take about 60 work-hours per product to 

comply with the basic requirements of 

this proposed AD. The average labor 

rate is $80 per work-hour. Required 

parts would cost about $7,535 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 

$2,010,605, or $12,335 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: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2009– 

0497; Directorate Identifier 2009–NM– 

019–AD. 

Comments Due Date 

(a) We must receive comments by July 2, 

2009. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to 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 17000208 inclusive; and 

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

–200 STD, –200 LR, and –200 IGW airplanes, 

serial numbers 19000002, 19000004, and 

19000006 through 19000152 inclusive; 

certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 53: Fuselage. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

It has been found the possibility of cracks 

developing in the ram air turbine (RAT) 

machined support, located in the forward 

compartment [zone 124] of [the] aircraft, due 

to downlock pin not [being] pull[ed] during 

its retraction. In case of RAT failure or 

malfunction, it will not provide electrical 

power to essential systems of [the] aircraft in 

[an] electrical emergency situation. 

* * * * * 

Lack of electrical power could result in 

reduced controllability of the airplane. 

Corrective actions include a detailed visual 

inspection for cracking of the RAT machined 

support, replacing the support with a new 

part if any crack is found, and reinforcing or 

replacing the support if no crack is found. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. Within 600 flight hours after the 

effective date of this AD: Perform a detailed 

visual inspection for cracks in the RAT 

machined support, in accordance with the 

Accomplishment Instructions in Embraer 

Service Bulletin 170–53–0057, dated 

February 21, 2008; or Embraer Service 

Bulletin 190–53–0027, dated February 18, 

2008; as applicable. 

(1) If no crack is found, at the earlier of the 

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

(f)(1)(ii) of this AD, install reinforcements in 

the RAT machined support or replace the 

RAT machined support with a new support 

having part number 170–18676–405, in 

accordance with the Accomplishment 

Instructions of Embraer Service Bulletin 170– 

53–0057, dated February 21, 2008; or 

Embraer Service Bulletin 190–53–0027, dated 

February 18, 2008; as applicable. 

(i) Within 5,000 flight hours after 

accomplishing the inspection required by 

paragraph (f) of this AD. 

(ii) Before further flight after the next two 

RAT deployments—which can be a flight 

deployment or a maintenance review board 

task procedure—after accomplishing the 

inspection required by paragraph (f) of this 

AD. 

(2) If any cracking is found, before further 

flight, replace the RAT machined support 

with a new support having part number 170– 

18676–405, in accordance with the 

Accomplishment Instructions of Embraer 

Service Bulletin 170–53–0057, dated 

February 21, 2008; or Embraer Service 

Bulletin 190–53–0027, dated February 18, 

2008; as applicable. 

Federal Register / Vol. 74, No. 104 / Tuesday, June 2, 2009 / Proposed Rules 26317 

FAA AD Differences 

Note 1: This AD differs from the MCAI 

and/or service information as follows: 

Although the MCAI or service information 

allows further flight after cracks are found 

during compliance with the required action, 

paragraph (f)(2) of this AD requires that you 

replace any cracked lug of the RAT machined 

support with a new support before further 

flight. 

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, 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. 

(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, 

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 (ANAC) Airworthiness 

Directives 2008–10–05 and 2008–10–06, both 

dated November 10, 2008; Embraer Service 

Bulletin 170–53–0057, dated February 21, 

2008; and Embraer Service Bulletin 190–53– 

0027, dated February 18, 2008; for related 

information. 

Issued in Renton, Washington, on May 20, 

2009. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E9–12802 Filed 6–1–09; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0454; Directorate 

Identifier 2008–NM–156–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–400, 747–400D, and 747– 

400F Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Boeing Model 747–400, 747–400D, and 

747–400F series airplanes. For all 

airplanes, this proposed AD would 

require installing new pump control and 

time delay relays, doing related 

investigative and corrective actions if 

necessary, and changing the wiring for 

the center and main fuel tanks override/ 

jettison fuel pumps; and, for certain 

airplanes, installing new relays and 

wiring for the horizontal stabilizer 

override/jettison fuel pumps. This 

proposed AD would also require a 

revision to the maintenance program to 

incorporate Airworthiness Limitation 

No. 28–AWL–24 and No. 28–AWL–26. 

For certain airplanes, this proposed AD 

would also require installing an 

automatic shutoff system for the 

horizontal stabilizer tank fuel pumps 

and installing a new integrated display 

system. This proposed AD results from 

fuel system reviews conducted by the 

manufacturer. We are proposing this AD 

to prevent uncommanded operation of 

certain override/jettison pumps which 

could cause overheat, electrical arcs, or 

frictional sparks, and could lead to an 

ignition source inside a fuel tank. This 

condition, in combination with 

flammable fuel vapors, could result in a 

fuel tank explosion and consequent loss 

of the airplane. 

DATES: We must receive comments on 

this proposed AD by July 17, 2009. 

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. 

For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; 

telephone 206–544–5000, extension 1, 

fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

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: Jon 

Regimbal, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6506; fax (425) 917–6590. 

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–2009–0454; Directorate Identifier 

2008–NM–156–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 FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 

transport airplanes, including the 

adequacy of existing regulations, the