[Federal Register: January 14, 2008 (Volume 73, Number 9)]
[Proposed Rules]
[Page 2200-2204]
[DOCID:fr14ja08-20]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0014; Directorate Identifier 2007-NM-249-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A318, A319, A320, and A321
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Airbus Model A318, A319, A320,
and A321 airplanes. The existing AD currently requires repetitive
inspections for cracking in the forward lug of the support rib 5
fitting of both main landing gear (MLG), and repair if necessary. The
existing AD also provides optional terminating actions for certain
airplanes, as well as other optional methods for complying with the
inspection requirements of the existing AD. This proposed AD would
continue to require repetitive inspections for cracking in the forward
lug of the support rib 5 fitting of the left and right MLG at new
repetitive intervals in accordance with new service information, and
repair or replacement of any cracked MLG fitting if necessary. This
proposed AD would also require modification of the rib bushings of the
left and right MLG, which would end the repetitive inspections. This
proposed AD results from cracks found in the forward lug of the MLG
support rib 5 fitting. We are proposing this AD to prevent cracking in
the forward lug of the MLG, which could result in failure of the lug
and consequent collapse of the MLG during takeoff or landing.

DATES: We must receive comments on this proposed AD by February 13,
2008.

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:<PHONE_NUMBER>.
     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 Airbus, 1
Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

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<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2141; fax<PHONE_NUMBER>.

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-2008-0014;
Directorate Identifier 2007-NM-249-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

    On May 15, 2006, we issued AD 2006-11-04, amendment 39-14608 (71 FR
29578, May 23, 2006), for certain Airbus Model A318, A319, A320, and
A321 airplanes. AD 2006-11-04 requires repetitive detailed inspections
for cracking in the forward lug of the support rib 5 fitting of both
main landing gear (MLG), and repair if necessary. AD 2006-11-04 also
provides optional terminating actions for certain airplanes, as well as
other optional methods for complying with the inspection requirements
of the existing AD. That AD resulted from a new crack that was found in
the forward lug of the MLG support rib 5 fitting. We issued that AD to
detect and correct cracking in the forward lug of the MLG, which could
result in failure of the lug and consequent collapse of the MLG during
takeoff or landing.

Actions Since Existing AD Was Issued

    Since we issued AD 2006-11-04, the European Aviation Safety Agency
(EASA), which is the technical agent for the Member States of the
European Union, notified us that the repetitive inspection intervals
must be adjusted and that the optional terminating action, which would
end the repetitive inspections, must be mandated for all airplanes. In
the preamble to AD 2006-11-04, we indicated that the actions required
by that AD were considered ``interim action,'' and that we were
considering further rulemaking to require the modification of the lugs
of the support rib 5 fitting of both MLG, which would terminate the
repetitive inspections required by AD 2006-11-04. We have now
determined that further rulemaking action is indeed necessary, and this
proposed AD follows from that determination.

Relevant Service Information

    Airbus has issued Service Bulletin A320-57-1138, Revision 01, dated
October 27, 2006. The service bulletin describes procedures for (1)
doing repetitive visual inspections or repetitive ultrasonic
inspections for cracking in the forward lug of the support rib 5
fitting of the left and right MLG, (2) doing repetitive visual
inspections for cracking in the forward lug of the support rib 5
fitting if any cracking is found during an ultrasonic inspection, and
(3) contacting the manufacturer for instructions if any cracking is
found during a visual inspection. The service bulletin also specifies
that accomplishing Airbus Service Bulletin A320-57-1118 eliminates the
need for the repetitive inspections.
    Airbus has also issued Service Bulletin A320-57-1118, Revision 03,
dated April 23, 2007. The service bulletin describes procedures for
modifying the rib bushings of the left and right MLG. The modification
includes removing the existing bushings, doing a visual inspection for
corrosion and damage to the bores and spotfaces, repairing any
corrosion or damage found during the detailed inspection, and
installing new improved bushings and applying a certain protective
sealant to the bores and spotfaces of the lugs for the pintle-pin
bushings of gear rib 5. Accomplishing the modification eliminates the
need for the repetitive inspections specified in Airbus Service
Bulletin A320-57-1138.
    Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The EASA mandated
the service information and issued airworthiness directive 2007-0213,
dated August 7, 2007, to ensure the continued airworthiness of these
airplanes in the European Union.

FAA's Determination and Requirements of the Proposed AD

    These airplanes are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. As described in FAA
Order 8100.14A, ``Interim Procedures for Working with the European
Community on Airworthiness Certification and Continued Airworthiness,''
dated August 12, 2005, the EASA has kept the FAA informed of the
situation described above. We have examined the EASA's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
    This proposed AD would supersede AD 2006-11-04 and would retain the
requirements of the existing AD, until the new inspections have been
initiated. This proposed AD would also require accomplishing the
actions specified in service information described previously, except
as discussed under ``Differences between Proposed AD and Service
Bulletin.''

Differences Between Proposed AD and Service Bulletin

    Although EASA airworthiness directive 2007-0213 specifies repeating
the inspections at the intervals defined in Airbus Service Bulletin
A320-57-1138, the intent is to require the repetitive inspections at
those intervals, or before further flight after a hard landing,
whichever is first. We have coordinated this difference with the EASA.
    EASA airworthiness directive 2007-0213 and Airbus Service Bulletin
A320-57-1138 permit further flight if cracking is found during the
ultrasonic inspection but is not detected by a visual inspection. This
proposed AD, however, would require repair or replacement of any
cracked MLG fitting before further flight. We have determined that
because of the safety implications and consequences associated with
cracking in the subject area, the MLG fitting must be repaired or
replaced before further flight regardless of how the crack is detected.
We note that cracking found during the ultrasonic inspection may be
repaired with oversized bushings, whereas cracking detected during the
visual inspection would require extensive repair or replacement of the
MLG fitting.
    Airbus Service Bulletin A320-57-1138 specifies to contact the
manufacturer for instructions on how to repair certain conditions, but
this proposed AD would require repairing those conditions using a
method approved by the FAA or the EASA (or its delegated agent). In
light of the type of repair that would be required to address the
unsafe condition, and consistent with existing bilateral airworthiness
agreements, we have determined that, for this proposed AD, a repair
approved by the FAA or the EASA would be acceptable for compliance with
this proposed AD.

Costs of Compliance

    This proposed AD would affect about 466 airplanes of U.S. registry.
    The actions that are required by AD 2006-11-04 and retained in this
proposed AD take about 2 work hours per airplane, at an average labor
rate of $80 per work hour. Based on these figures, the estimated cost
of the currently required actions is $160 per airplane, per inspection
cycle.
    The new proposed inspections would take between 3 and 4 work hours
per airplane, depending on the type of inspection accomplished, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of the new inspections specified in this proposed AD for
U.S. operators is between $111,840 and $149,120, or between $240 and
$320 per airplane, per inspection cycle.
    The new proposed modification would take about 73 work hours per
airplane, at an average labor rate of $80 per work hour. Required parts
would cost $3,850 per airplane. Based on these figures, the estimated
cost of the new modification specified in this proposed AD for U.S.
operators is $4,515,540, or $9,690 per airplane.

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 have 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 that the 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. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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.

Sec.  39.13  [Amended]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
removing amendment 39-14608 (71 FR 29578, May 23, 2006) and adding the
following new airworthiness directive (AD):

Airbus: Docket No. FAA-2008-0014; Directorate Identifier 2007-NM-
249-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February
13, 2008.

Affected ADs

    (b) This AD supersedes AD 2006-11-04.

Applicability

    (c) This AD applies to Airbus Model A318, A319, A320, and A321
airplanes, certificated in any category, except airplanes on which

Airbus Modification 32025 has been accomplished in production.

Unsafe Condition

    (d) This AD results from cracks found in the forward lug of the
main landing gear (MLG) support rib 5 fitting. We are issuing this
AD to prevent cracking in the forward lug of the MLG, which could
result in failure of the lug and consequent collapse of the MLG
during takeoff or landing.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Restatement of Certain Requirements of AD 2006-11-04

Repetitive Detailed Inspections

    (f) Within 8 days after June 7, 2006 (the effective date of AD
2006-11-04), or before further flight after a hard landing,
whichever is first: Perform a detailed inspection for cracking in
the forward lug of the support rib 5 fitting of the left- and right-
hand MLG, and, if any crack is found, replace the MLG fitting with a
new fitting before further flight, in accordance with a method
approved by either the Manager, International Branch, ANM-116, FAA;
or the European Aviation Safety Agency (EASA) (or its delegated
agent). Accomplishing the actions specified in the Airbus A318/A319/
A320/A321 Nondestructive Testing Manual, Chapter 51-90-00, revision
dated February 1, 2003, is one approved method for performing the
detailed inspection. Repeat the inspection thereafter at intervals
not to exceed 8 days, or before further flight after a hard landing,
whichever is first. As of the effective date of this AD, the
repetitive inspections required by paragraph (i) of this AD must be
accomplished in lieu of the repetitive inspections required by this
paragraph.

    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 procedures may be required.''

Optional Inspection Method

    (g) Performing an ultrasonic inspection for cracking in the
forward lug of the support rib 5 fitting of the left- and right-hand
MLG in accordance with a method approved by the Manager,
International Branch, ANM-116; or the EASA (or its delegated agent);
is an acceptable alternative method of compliance for the initial
and repetitive inspections required by paragraph (f) of this AD.
Doing the actions specified in the A318/A319/A320/A321
Nondestructive Testing Manual, Chapter 57-29-03, revision dated
February 1, 2005 (for Model A318, A319, and A320 airplanes), or
Chapter 57-29-04, revision dated May 1, 2005 (for Model A321
airplanes), as applicable, is one approved method for performing the
ultrasonic inspection.

Optional Terminating Action

    (h) For Model A319, A320, and A321 airplanes: Repair of the
forward lugs of the support rib 5 fitting of the left- and right-
hand MLG in accordance with a method approved by the Manager,
International Branch, ANM-116; or the EASA (or its delegated agent);
constitutes terminating action for the requirements of this AD.
Doing the repair in accordance with Airbus A319 Structural Repair
Manual (SRM), Chapter 5.C., 57-26-13, revision dated November 1,
2004; Airbus A320 SRM, Chapter 5.D., 57-26-13, revision dated
November 1, 2004; or Airbus A321 SRM, Chapter 5.D., 57-26-13,
revision dated February 1, 2005; as applicable; is one approved
method.

New Requirements of This AD

New Repetitive Inspections

    (i) At the applicable time specified in Table 1 of this AD, or
before further flight after a hard landing, whichever is first: Do a
visual inspection or ultrasonic inspection for cracking in the
forward lug of the support rib 5 fitting of the left and right MLG,
in accordance with the Accomplishment Instructions of Airbus Service
Bulletin A320-57-1138, Revision 01, dated October 27, 2006. Repeat
the inspection thereafter at the applicable interval specified in
Table 1 of this AD or before further flight after a hard landing,
whichever is first, until the modification required by paragraph (k)
of this AD has been accomplished. Accomplishing the initial
inspection terminates the requirements of paragraph (f) of this AD.

                       Table 1.--Compliance Times
------------------------------------------------------------------------
          Airplanes            Initial inspection    Repetitive interval
------------------------------------------------------------------------
Model A318, A319, and A320    If the most recent    Within 150 flight
 airplanes.                    inspection is a       cycles after a
                               detailed inspection   visual inspection.
                               done in accordance
                               with paragraph (f)
                               of this AD, inspect
                               within 150 flight
                               cycles after the
                               most recent
                               detailed inspection.
                              If the most recent    Within 940 flight
                               inspection is an      cycles after an
                               ultrasonic            ultrasonic
                               inspection done in    inspection.
                               accordance with
                               paragraph (g) of
                               this AD, inspect
                               within 940 flight
                               cycles after the
                               most recent
                               ultrasonic
                               inspection.
Model A321 airplanes........  If the most recent    Within 100 flight
                               inspection is a       cycles after a
                               detailed inspection   visual inspection.
                               done in accordance
                               with paragraph (f)
                               of this AD, inspect
                               within 100 flight
                               cycles after the
                               most recent
                               detailed inspection.
                              If the most recent    Within 630 flight
                               inspection is an      cycles after an
                               ultrasonic            ultrasonic
                               inspection done in    inspection.
                               accordance with
                               paragraph (g) of
                               this AD, inspect
                               within 630 flight
                               cycles after the
                               most recent
                               ultrasonic
                               inspection.
------------------------------------------------------------------------

Corrective Action

    (j) If any cracking is found during any inspection required by
paragraph (i) of this AD: Before further flight, repair or replace
the cracked MLG fitting using a method approved by either the
Manager, International Branch, ANM-116, or the EASA (or its
delegated agent).

Terminating Action

    (k) Within 60 months after the effective date of this AD, modify
the rib bushings of the left and right MLG, by accomplishing all of
the applicable actions specified in the Accomplishment Instructions
of Airbus Service Bulletin A320-57-1118, Revision 03, dated April
23, 2007. Accomplishing the modification terminates the requirements
of this AD.

Credit for Actions Done According to Previous Issue of Service Bulletin

    (l) For Model A319, A320, and A321 airplanes, modifying the lugs
of the support rib 5 fitting of the left and right MLG is acceptable
for compliance with the requirements of paragraph (k) of this AD if
done before the effective date of this AD in accordance with one of
the following service bulletins: Airbus Service Bulletin A320-57-
1118, dated September 5, 2002; Revision 01, dated August 28, 2003;
or Revision 02, dated August 2, 2006.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, International Branch, ANM-116, FAA, has the
authority to approve AMOCs for this AD, if requested in

accordance with the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
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.
    (3) AMOCs approved previously in accordance with AD 2006-11-04
are approved as AMOCs for the corresponding provisions of this AD.

Related Information

    (n) EASA airworthiness directive 2007-0213, dated August 7,
2007, also addresses the subject of this AD.

    Issued in Renton, Washington, on December 26, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-383 Filed 1-11-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Rules and Regulations]
[Page 30277-30279]
[DOCID:fr01jn10-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0175; Directorate Identifier 2009-NM-187-AD;
Amendment 39-16319; AD 2010-11-14]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) 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.

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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:

    During ERJ 190 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
    Failure to inspect these components according to the new tasks,
thresholds and intervals could prevent a timely detection of fatigue
cracks. Undetected fatigue cracks in these areas could adversely
affect the structural integrity of these airplanes.
* * * * *

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective July 6, 2010.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 6, 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<PHONE_NUMBER>.

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 March 4, 2010 (75 FR
9814). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    During ERJ 190 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
    Failure to inspect these components according to the new tasks,
thresholds and intervals could prevent a timely detection of fatigue
cracks. Undetected fatigue cracks in these areas could adversely
affect the structural integrity of these airplanes.
* * * * *

The corrective action is revising the Airworthiness Limitations Section
of the Instructions for Continued Airworthiness to incorporate new and
modified structural inspections. 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 65 products of U.S. registry.
We also estimate that it will take about 1 work-hour 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 $5,525, 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<PHONE_NUMBER>) 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

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2010-11-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-16319. Docket No. FAA-2010-0175; Directorate Identifier
2009-NM-187-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective July 6,
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Empresa Brasileira de Aeronautica
S.A. (EMBRAER) Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -
200 LR, and -200 IGW airplanes, certificated in any category.

    Note 1:  This AD requires revisions to certain operator
maintenance documents to include new inspections. Compliance with
these inspections is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by these inspections, the operator may not be able
to accomplish the inspections described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval for an alternative method of compliance according
to paragraph (g)(1) of this AD. The request should include a
description of changes to the required inspections that will ensure
the continued operational safety of the airplane.

Subject

    (d) Air Transport Association (ATA) of America Code 53:
Fuselage; 57: Wings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    During ERJ 190 airplane full scale fatigue test, cracks were
found in some structural components of the airplane. Analysis of
these cracks resulted in modifications on the airplane Airworthiness
Limitation Items (ALI), to include new inspections tasks or
modification of existing ones and its respective thresholds and
intervals.
    Failure to inspect these components according to the new tasks,
thresholds and intervals could prevent a timely detection of fatigue
cracks. Undetected fatigue cracks in these areas could adversely
affect the structural integrity of these airplanes.
* * * * *
The corrective action is revising the Airworthiness Limitations
Section (ALS) of the Instructions for Continued Airworthiness (ICA)
to incorporate new and modified structural inspections.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 90 days after the effective date of this AD: Revise
the ALS of the ICA to include the tasks specified in Table 1 of this
AD. These tasks are identified in EMBRAER Temporary Revision (TR) 2-
5, dated December 6, 2007; and EMBRAER TR 2-6, dated February 12,
2008; to Appendix A, Part 2, Airworthiness Limitation Inspections
(ALI)--Structures, of the EMBRAER 190 Maintenance Review Board
Report (MRBR) MRB-1928.

    Note 2:  The actions required by paragraph (f)(1) of this AD may
be done by inserting a copy of EMBRAER TR 2-5 and TR 2-6 into

the ALS of the EMBRAER 190 MRBR MRB-1928. When these TRs have been
included in general revisions of the EMBRAER 190 MRBR MRB-1928, the
general revisions may be inserted in the EMBRAER 190 MRBR MRB-1928,
provided the relevant information in the general revision is
identical to that in EMBRAER TR 2-5 and TR 2-6, and these TRs may be
removed.

    (2) The initial compliance times for the tasks specified in
EMBRAER TR 2-5, dated December 6, 2007; and EMBRAER TR 2-6, dated
February 12, 2008; to Appendix A, Part 2, Airworthiness Limitation
Inspections (ALI)--Structures, of the EMBRAER 190 MRBR MRB-1928;
start at the later of the times specified in paragraphs (f)(2)(i)
and (f)(2)(ii) of this AD. For certain tasks, the compliance times
depend on the pre-modification and post-modification condition of
the associated service bulletin, as specified in the
``Applicability'' column of these TRs.
    (i) Within the applicable threshold times specified in these
TRs.
    (ii) At the applicable compliance time specified in Table 1 of
this AD.

                               Table 1--MRBR TRs and Tasks, With Compliance Times
----------------------------------------------------------------------------------------------------------------
          EMBRAER MRBR TR                      Subject               MRBR task No.          Compliance time
----------------------------------------------------------------------------------------------------------------
TR 2-5, dated December 6, 2007.....  Wing stub main box lower         57-01-002-0002  250 flight cycles after
                                      skin and splices--internal.                      effective date of this
                                                                                AD.
TR 2-5, dated December 6, 2007.....  Wing stub spar 3--internal/      57-01-008-0003  500 flight cycles after
                                      external.                                        effective date of this
                                                                                AD.
TR 2-5, dated December 6, 2007.....  Wing stub spar 3--external.      57-01-008-0004  500 flight cycles after
                                                                                effective date of this
                                                                                AD.
TR 2-5, dated December 6, 2007.....  Wing lower skin panel            57-10-007-0004  500 flight cycles after
                                      stringers--internal.                             effective date of this
                                                                                AD.
TR 2-5, dated December 6, 2007.....  Wing main box rib 11--           57-10-012-0003  500 flight cycles after
                                      internal.                                        effective date of this
                                                                                AD.
TR 2-6, dated December 12, 2008....  Nose landing gear wheel          53-10-021-0004  500 flight cycles after
                                      well metallic structure.                         effective date of this
                                                                                AD.
----------------------------------------------------------------------------------------------------------------

     (iii) Thereafter, except as provided in paragraph (g) of this
AD, no alternative replacement times or structural inspection
intervals may be approved for these tasks.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows:
    Although the MCAI specifies both revising the airworthiness
limitations and doing repetitive inspections, this AD only specifies
the revision. Requiring revision of the airworthiness limitations,
rather than requiring individual repetitive inspections, is
advantageous for operators because it allows them to record AD
compliance status only at the time that they make the revision,
rather than after every inspection. It also has the advantage of
keeping all airworthiness limitations, whether imposed by original
certification or by AD, in one place within the operator's
maintenance program, thereby reducing the risk of non-compliance
because of oversight or confusion.

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:
Kenny Kaulia, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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 Brazilian Airworthiness Directive 2009-04-02,
effective April 29, 2009; and EMBRAER TR 2-5, dated December 6,
2007, and EMBRAER TR 2-6, dated February 12, 2008, to Appendix A,
Part 2, Airworthiness Limitation Inspections (ALI)--Structures, of
the EMBRAER 190 MRBR MRB-1928; for related information.

Material Incorporated by Reference

    (i) You must use EMBRAER Temporary Revision 2-5, dated December
6, 2007; and EMBRAER Temporary Revision 2-6, dated February 12,
2008; to Appendix A, Part 2, Airworthiness Limitation Inspections
(ALI)--Structures, of the EMBRAER 190 Maintenance Review Board
Report MRB-1928; 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 S[atilde]o Jose dos Campos--SP--BRASIL; telephone:
+55 12 3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail:
<EMAIL_ADDRESS>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<PHONE_NUMBER>.
    (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<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, Washington, on May 13, 2010.
John Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2010-12678 Filed 5-28-10; 8:45 am]
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[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Proposed Rules]
[Page 44334-44335]
[DOCID:fr28au09-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0385; FRL-8948-5]

Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District and Santa Barbara
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing to approve revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) and the Santa
Barbara County Air Pollution Control (SBCAPCD) portions of the
California State Implementation Plan (SIP). We are proposing to approve
these local rules that are administrative and address changes for
clarity and consistency under the Clean Air Act as amended in 1990 (CAA
or the Act).

DATES: Any comments on this proposal must arrive by September 28, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0385, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, EPA Region IX, (415)
947-4120<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: SJVUAPCD Rule 1020, Definitions and SBCAPCD Rule 102,
Definitions. In the Rules and Regulations section of this Federal
Register, we are approving these local rules in a direct final action
without prior proposal because we believe these SIP revisions are not
controversial. If we receive adverse comments, however, we will publish
a timely withdrawal of the direct final rule and address the comments
in subsequent action based on this proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: August 11, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E9-20805 Filed 8-27-09; 8:45 am]

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[Federal Register: February 18, 2009 (Volume 74, Number 31)]
[Rules and Regulations]
[Page 7559-7560]
[DOCID:fr18fe09-8]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0957; Airspace Docket No. 08-AAL-27]

Revision of Class E Airspace; Galena, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action revises Class E airspace at Galena, AK to provide
adequate controlled airspace to contain aircraft executing Standard
Instrument Approach Procedures (SIAPs). Two SIAPs are being amended for
the Edward G. Pitka Airport at Galena, AK. This action revises existing
Class E airspace upward from 700 feet (ft.) and 1,200 ft. above the
surface at Edward G. Pitka Airport, Galena, AK.

DATES: Effective Date: 0901 UTC, May 7, 2009. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order

7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Friday, November 7, 2008, the FAA proposed to amend part 71 of
the Federal Aviation Regulations (14 CFR part 71) to revise Class E
airspace upward from 700 ft. above the surface and from 1,200 ft. above
the surface at Galena, AK (73 FR 66207). The action was proposed in
order to create Class E airspace sufficient in size to contain aircraft
while executing amended instrument procedures for the Edward G. Pitka
Airport. Class E controlled airspace extending upward from 700 ft. and
1,200 ft. above the surface in the Edward G. Pitka Airport area is
revised by this action.
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments were received. The rule is adopted as proposed with the
following exceptions. The airport's location coordinates have been
corrected, and the navigation aid used in the airspace description has
been changed to a Very High Frequency Omni-directional Range/Distance
Measuring Equipment (VOR/DME).
    The area will be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1,200
ft. transition areas are published in paragraph 6005 of FAA Order
7400.9S, Airspace Designations and Reporting Points, signed October 3,
2008, and effective October 31, 2008, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document will be published subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 revises Class E airspace at the
Edward G. Pitka Airport, at Galena, Alaska. This Class E airspace is
revised to accommodate aircraft executing amended instrument
procedures, and will be depicted on aeronautical charts for pilot
reference. The intended effect of this rule is to provide adequate
controlled airspace for Instrument Flight Rules (IFR) operations at the
Edward G. Pitka Airport, Galena, Alaska.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Because this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it creates Class E airspace sufficient in size to contain aircraft
executing instrument procedures for the Edward G. Pitka Airport and
represents the FAA's continuing effort to safely and efficiently use
the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, and effective October 31, 2008, is
amended as follows:

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or
More Above the Surface of the Earth.
* * * * *

AAL AK E5 Galena, AK [Revised]

Galena, Galena International Airport, AK
    (Lat. 64[deg]44'10'' N., long. 156[deg]56'15'' W.)
Galena VOR/DME
    (Lat. 64[deg]44'17'' N., long. 156[deg]46'38'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.7-mile radius of the Edward G. Pitka Airport, AK, and
within 14 miles of the Galena VOR/DME, AK, extending clockwise from
the 088[deg] radial to the 163[deg] radial of the Galena VOR/DME,
AK, and within 22 miles of the Galena VOR/DME, AK, extending from
the 268[deg] radial to the 315[deg] radial of the Galena VOR/DME,
AK, and within 4 miles north of the 088[deg] radial of the Galena
VOR/DME, AK, extending from the 6.7-mile radius of the Edward G.
Pitka Airport to 14 miles east of the Galena VOR/DME, AK, and within
4 miles south of the 268[deg] radial of the Galena VOR/DME, AK,
extending from the 6.7-mile radius to 22 miles west of the Galena
VOR/DME, AK; and that airspace extending upward from 1,200 feet
above the surface within a 73-mile radius of the Edward G. Pitka
Airport, AK.
* * * * *

    Issued in Anchorage, AK, on January 14, 2009.
Michael A. Tarr,
Acting Manager, Alaska Flight Services Information Area Group.
[FR Doc. E9-3199 Filed 2-17-09; 8:45 am]

BILLING CODE 4910-13-P