Airworthiness Directives; Embraer S.A. Airplanes, 33334-33337 [2012-13672]
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
(c) Applicability
This AD applies to Fokker Services B.V.
Model F.28 Mark 0100 airplanes; certificated
in any category; serial numbers 11257, 11258,
11261, 11262, 11264, 11265, 11266, 11284,
11285, 11287, 11288, 11290, 11292, 11294,
11296, 11298, 11299, 11301, 11302, 11304,
11305, 11307, 11309, 11311, 11315, 11317,
11319, 11320, 11322, 11336, 11339, 11341
through 11344 inclusive, 11347, 11348,
11350, 11351, 11362, 11363, 11364, 11371,
11374, 11375, 11382, 11383, 11384, 11389,
11390, 11394, 11400, 11401, 11409, 11410,
11420 through 11424 inclusive, 11429,
11430, 11431, 11433, 11441 through 11456
inclusive, 11461, 11462, 11463, 11470
through 11475 inclusive, 11477, 11484,
11485, 11486, 11488, 11489, 11496, 11497,
11500, 11503, 11505, 11511, 11512, 11516,
11517, 11518, and 11527.
(d) Subject
Air Transport Association (ATA) of
America Code 28: Fuel.
(e) Reason
This AD was prompted by reports that the
fuel-balance transfer-valve (FBTV) was
inadvertently reactivated after required deactivation measures were undone. We are
issuing this AD to prevent fuel starvation and
consequently a double-engine flameout,
possibly resulting in a forced landing,
damage to the airplane, and injury to
occupants.
(f) Compliance
You are responsible for having the actions
required by this AD performed within the
compliance times specified, unless the
actions have already been done.
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(g) Retained Installation of a Locking Device
for the FBTV
This paragraph restates the requirements of
paragraph (a) of AD 94–14–05, Amendment
39–8957 (59 FR 35237, July 11, 1994). For
airplanes having serial numbers 11443,
11446 through 11449 inclusive, and 11456:
Within 30 days after August 10, 1994 (the
effective date of AD 94–14–05), remove the
actuator from the fuel-balance transfer-valve,
part number (P/N) 7933141J and install a
locking device on the fuel-balance transfervalve, in accordance with the
Accomplishment Instructions of Fokker
Service Bulletin SBF100–28–029, Revision 1,
dated November 30, 1993.
(h) Retained Inspection and Deactivation
(1) This paragraph restates the
requirements of paragraphs (a) and (b) of AD
96–07–06, Amendment 39–9555 (61 FR
14014, March 29, 1996). For airplanes
identified in Fokker Service Bulletin
SBF100–28–030, Revision 1, dated December
5, 1994: After April 29, 1996 (the effective
date of AD 96–07–06), whenever the fuel
balance transfer system (FBTS) is used
during maintenance, prior to further flight,
perform an inspection to verify that the
position indicator of the FBTV is in the
closed position, in accordance with Fokker
Service Bulletin SBF100–28–030, Revision 1,
dated December 5, 1994. The inspection
requirements of this paragraph must be
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accomplished until the deactivation required
by paragraph (h)(2) of this AD is
accomplished.
(i) If the position indicator is in the closed
position, no further action is required by this
paragraph.
(ii) If the position indicator is in the open
position, close the FBTV, in accordance with
the Accomplishment Instructions of Fokker
Service Bulletin SBF100–28–030, Revision 1,
dated December 5, 1994.
(2) Within 90 days after April 29, 1996 (the
effective date of AD 96–07–06, Amendment
39–9555 (61 FR 14014, March 29, 1996)),
deactivate the FBTS in accordance with
either Part 2 or Part 3, as applicable, of the
Accomplishment Instructions of Fokker
Service Bulletin SBF100–28–030, Revision 1,
dated December 5, 1994. Accomplishment of
the deactivation constitutes terminating
action for the repetitive inspection
requirements of paragraph (h)(1) of this AD.
(i) New Requirements of This AD
Within 12 months after the effective date
of this AD, modify the airplane by installing
an FBTV locking device, in accordance with
the Accomplishment Instructions of Fokker
Service Bulletin SBF100–28–066, dated June
30, 2011, which includes the attachments
identified in paragraphs (i)(1) through (i)(5)
of this AD (* the issue date is not specified
on the drawing.)
(1) Fokker Manual Change Notification—
Maintenance Documentation MCNM–F100–
145, dated June 30, 2011.
(2) Fokker Manual Change Notification—
Operational Documentation MCNO–F100–
059, dated June 30, 2011.
(3) Fokker Drawing W41190, Sheet 013,
Issue P.*
(4) Fokker Drawing W41190, Sheet 014,
Issue P.*
(5) Fokker Drawing W41190, Sheet 016,
Issue P.*
(j) Prohibited Modification
As of the effective date of this AD, no
person may modify any airplane using the
Accomplishment Instructions of Fokker
Services Bulletin SBF100–28–021, dated
September 6, 1991. That service bulletin was
cancelled by Fokker Service Bulletin
SBF100–28–021, Revision 1, dated June 30,
2011.
(k) Other FAA AD Provisions
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.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; telephone (425) 227–1137; fax (425)
227–1149. Information may be emailed to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
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Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding 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.
(l) Related Information
Refer to MCAI EASA Airworthiness
Directive 2011–0158, dated August 26, 2011,
and the service information specified in
paragraphs (l)(1), (l)(2), and (l)(3) for related
information.
(1) Fokker Service Bulletin SBF100–28–
029, Revision 1, dated November 30, 1993.
(2) Fokker Service Bulletin SBF100–28–
030, Revision 1, dated December 5, 1994.
(3) Fokker Service Bulletin SBF100–28–
066, dated June 30, 2011, which includes the
attachments identified in paragraphs (l)(3)(i)
through (l)(3)(v) of this AD (* the issue date
is not specified on the drawing.)
(i) Fokker Manual Change Notification—
Maintenance Documentation MCNM–F100–
145, dated June 30, 2011.
(ii) Fokker Manual Change Notification—
Operational Documentation MCNO–F100–
059, dated June 30, 2011.
(iii) Fokker Drawing W41190, Sheet 013,
Issue P.*
(iv) Fokker Drawing W41190, Sheet 014,
Issue P.*
(v) Fokker Drawing W41190, Sheet 016,
Issue P.*
Issued in Renton, Washington, on May 24,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–13671 Filed 6–5–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0590; Directorate
Identifier 2011–NM–112–AD]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to supersede an
existing airworthiness directive (AD)
that applies to all Model ERJ 190–100
SUMMARY:
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
STD, –100 LR, and –100 IGW airplanes;
and Model ERJ 190–200 STD, –200 LR,
and –200 IGW airplanes. The existing
AD currently requires revising the
maintenance program to incorporate
modifications in the Airworthiness
Limitation Section (ALS) of the Embraer
S.A. ERJ 190 Maintenance Review Board
Report (MRBR). Since we issued that
AD, new inspection tasks and their
respective thresholds and intervals have
been issued. This proposed AD would
require revising the maintenance
program to incorporate modifications in
the Airworthiness Limitation Section
(ALS) of the Embraer S.A. ERJ 190
Maintenance Review Board Report
(MRBR) to include new inspection tasks
and their respective thresholds and
intervals. We are proposing this AD
since failure to inspect these structural
components according to the new ALS
tasks, thresholds, and intervals could
prevent a timely detection of fatigue
cracking, which if not properly
addressed, could result in reduced
structural integrity of the airplane.
DATES: We must receive comments on
this proposed AD by July 23, 2012.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://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 Embraer S.A.,
Technical Publications Section (PC
060), Av. Brigadeiro Faria Lima, 2170—
˜
Putim—12227–901 Sao Jose dos
Campos—SP—BRASIL; telephone +55
12 3927–5852 or +55 12 3309–0732; fax
+55 12 3927–7546; email
distrib@embraer.com.br; Internet https://
www.flyembraer.com. You may review
copies of the referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, Washington. For
information on the availability of this
material at the FAA, call 425–227–1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
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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:
Cindy Ashforth, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; phone: 425–
227–2768; fax: 425–227–1149.
SUPPLEMENTARY INFORMATION:
tasks and its respective thresholds and
intervals.
Failure to inspect these structural
components, according to the new tasks,
thresholds and intervals, could prevent a
timely detection of fatigue cracking. These
cracks, if not properly addressed, could
adversely affect the structural integrity of the
airplane.
Since this condition may occur in other
airplanes of the same type and affects flight
safety, a corrective action is required. Thus,
sufficient reason exists to request compliance
with this [ANAC] AD in the indicated time
limit.
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–2012–0590; Directorate Identifier
2011–NM–112–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 https://
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.
Relevant Service Information
Embraer S.A. has issued Part 2—
Airworthiness Limitation Inspections
(ALI)—Structures, of Appendix A,
Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review
Board Report, MRB–1928, Revision 5,
dated November 11, 2010; and
Temporary Revision (TR) 5–1, dated
February 11, 2011, to Part 2—
Airworthiness Limitation Inspections
(ALI)—Structures, of Appendix A,
Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review
Board Report, MRB–1928, Revision 5,
dated November 11, 2010. The actions
described in this service information are
intended to correct the unsafe condition
identified in the MCAI.
Discussion
On May 13, 2010, we issued AD
2010–11–14, Amendment 39–16319 (75
FR 30277, June 1, 2010). That AD
required actions intended to address an
unsafe condition on the products listed
above.
Since we issued AD 2010–11–14,
Amendment 39–16319 (75 FR 30277,
ˆ
June 1, 2010), the Agencia Nacional de
Aviacao Civil (ANAC), which is the
¸˜
airworthiness authority for Brazil, has
issued Brazilian Airworthiness
Directives 2010–08–03, dated
September 20, 2010, and 2011–05–04,
dated June 16, 2011 (referred to after
this as ‘‘the MCAI’’), to correct an unsafe
condition for the specified products.
The MCAI states:
During the airplane full scale fatigue test,
cracks were found in some structural
components of the airplane. Analysis of these
cracks resulted in modifications on the
Airworthiness Limitation Section (ALS) of
Embraer ERJ 190 Maintenance Review Board
Report (MRBR), to include new inspections
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The required action is revising the
maintenance program to incorporate
new structural inspection requirements.
You may obtain further information by
examining the MCAI in the AD docket.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Correction To Restate Table 1 of AD
2010–11–14, Amendment 39–16319 (75
FR 30277, June 1, 2010)
Table 1 of AD 2010–11–14,
Amendment 39–16319 (75 FR 30277,
June 1, 2010), contains a reference to
EMBRAER Temporary Revision (TR) 2–
6, dated December 12, 2008, to Part 2—
Airworthiness Limitation Inspections
(ALI)—Structures, of Appendix A,
Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review
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Federal Register / Vol. 77, No. 109 / Wednesday, June 6, 2012 / Proposed Rules
Board Report, MRB–1928. We have
determined that the correct date for that
TR should be February 12, 2008. That
information is reflected in table 1 of this
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 88 products of U.S. registry.
The actions that are required by AD
2010–11–14, Amendment 39–16319 (75
FR 30277, June 1, 2010), and retained in
this proposed AD take about 1 workhour per product, at an average labor
rate of $85 per work hour. Based on
these figures, the estimated cost of the
currently required actions is $85 per
product.
We estimate that it would take about
1 work-hour per product to comply with
the new basic requirements of this
proposed AD. The average labor rate is
$85 per work-hour. Based on these
figures, we estimate the cost of the
proposed AD on U.S. operators to be
$7,480, 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.
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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;
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2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in
Alaska; and
4. 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
removing airworthiness directive (AD)
2010–11–14, Amendment 39–16319 (75
FR 30277, June 1, 2010), and adding the
following new AD:
Embraer S.A.: Docket No. FAA–2012–0590;
Directorate Identifier 2011–NM–112–AD.
(a) Comments Due Date
We must receive comments by July 23,
2012.
(b) Affected ADs
This AD supersedes AD 2010–11–14,
Amendment 39–16319 (75 FR 30277, June 1,
2010).
(c) Applicability
(1) This AD applies to Embraer S.A. Model
ERJ 190–100 STD, –100 LR, and –100 IGW
airplanes; and Model ERJ 190–200 STD, –200
LR, and –200 IGW airplanes; certificated in
any category; all serial numbers.
(2) This AD requires revisions to certain
operator maintenance documents to include
new actions (e.g., inspections). Compliance
with these actions is required by 14 CFR
91.403(c). For airplanes that have been
previously modified, altered, or repaired in
the areas addressed by this AD, the operator
may not be able to accomplish the actions
described in the revisions. In this situation,
to comply with 14 CFR 91.403(c), the
operator must request approval of an
alternative method of compliance (AMOC)
according to paragraph (j)(1) of this AD. The
request should include a description of
changes to the required actions that will
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ensure the continued operational safety of
the airplane.
(d) Subject
Air Transport Association (ATA) of
America Code 52, Doors; 53, Fuselage; 54,
Nacelles/Pylons; 55, Stabilizers; 57, Wings;
71, Powerplant; and 78, Engine Exhaust.
(e) Reason
This AD was prompted by reports of cracks
in some of the structural components of the
airplane. We are issuing this AD since failure
to inspect these structural components
according to the new ALS tasks, thresholds,
and intervals could prevent a timely
detection of fatigue cracking, which if not
properly addressed, could result in reduced
structural integrity of the airplane.
(f) Compliance
You are responsible for having the actions
required by this AD performed within the
compliance times specified, unless the
actions have already been done.
(g) Restated Actions and Compliance
This paragraph restates the actions
required by paragraph (f) of AD 2010–11–14,
Amendment 39 16319 (75 FR 30277, June 1,
2010).
(1) Within 90 days after July 6, 2010 (the
effective date of AD 2010–11–14,
Amendment 39–16319 (75 FR 30277, June 1,
2010)), revise the Airworthiness Limitation
Section (ALS) of the Instructions for
Continued Airworthiness (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 1 to paragraph (g)(1) of this AD: The
actions required by paragraph (g)(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, 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 (g)(2)(i) and
(g)(2)(ii) of this AD. For certain tasks, the
compliance times depend on the premodification 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 the TRs specified in table 1 of
this AD.
(ii) At the applicable compliance time
specified in table 1 of this AD.
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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
skin and splices—internal.
57–01–002–0002
TR 2–5,
2007.
TR 2–5,
2007.
TR 2–5,
2007.
TR 2–5,
2007.
TR 2–6,
2008.
Wing stub spar 3—internal/
external.
Wing stub spar 3—external ...
57–01–008–0003
250 flight cycles after July 6, 2011 (the effective date of AD
2010–11–14, Amendment 39-16319 (75 FR 30277, June
1, 2010)).
500 flight cycles after July 6, 2011.
57–01–008–0004
500 flight cycles after July 6, 2011.
57–10–007–0004
500 flight cycles after July 6, 2011.
57–10–012–0003
500 flight cycles after July 6, 2011.
53–10–021–0004
500 flight cycles after July 6, 2011.
dated December 6,
dated December 6,
dated December 6,
dated December 6,
dated February 12,
Wing lower skin panel stringers—internal.
Wing main box rib 11—internal.
Nose landing gear wheel well
metallic structure.
(iii) Thereafter, except as provided in
paragraphs (h) and (j) of this AD, no
alternative replacement times or structural
inspection intervals may be approved for the
tasks specified in the TRs specified in table
1 of this AD.
(h) New Requirements of This AD: Revision
of the Maintenance Program
Within 90 days after the effective date of
this AD, revise the maintenance program to
incorporate the tasks specified in Part 2—
Airworthiness Limitation Inspections (ALI)—
Structures, of Appendix A, Airworthiness
Limitations (AL), of the EMBRAER 190
Maintenance Review Board Report, MRB–
1928, Revision 5, dated November 11, 2010;
and EMBRAER TR 5–1, dated February 11,
2011, to Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928, Revision 5, dated
November 11, 2010; with the thresholds and
intervals stated in these documents. The
initial compliance times for the tasks are
stated in the ‘‘Implementation Plan’’ section
of Appendix A, Airworthiness Limitations
(AL), of the EMBRAER 190 Maintenance
Review Board Report, MRB–1928, Revision 5,
dated November 11, 2010. Doing the revision
required by this paragraph terminates the
revision required by paragraph (g) of this AD.
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(i) No Alternative Actions or Intervals
After accomplishing the revision required
by paragraph (h) of this AD, no alternative
actions (e.g., inspections) or intervals, may be
used, unless the actions or intervals are
approved as an AMOC in accordance with
the procedures specified in paragraph (j)(1) of
this AD.
(j) Other FAA AD Provisions
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.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
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Cindy Ashforth, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; phone: 425–227–2768; fax: 425–227–
1149. Information may be emailed to:
9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify
your appropriate principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office/
certificate holding 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.
(k) Related Information
Refer to MCAI Brazilian Airworthiness
Directive 2011–05–04, dated June 16, 2011,
and the service information specified in
paragraphs (k)(1) through (k)(4) of this AD.
(1) EMBRAER TR 2–5, dated December 6,
2007, to Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928.
(2) EMBRAER TR 2–6, dated February 12,
2008, to Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928.
(3) EMBRAER TR 5–1, dated February 11,
2011, to Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928, Revision 5, dated
November 11, 2010.
(4) Part 2—Airworthiness Limitation
Inspections (ALI)—Structures, of Appendix
A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board
Report, MRB–1928, Revision 5, dated
November 11, 2010.
(5) For service information identified in
this AD, contact Embraer S.A., Technical
Publications Section (PC 060), Av. Brigadeiro
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
˜
Faria Lima, 2170—Putim—12227–901 Sao
Jose dos Campos-SP—Brasil; telephone +55
12 3927–5852 or +55 12 3309–0732; fax +55
12 3927–7546; email distrib@embraer.com.br;
Internet https://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.
Issued in Renton, Washington, on May 24,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–13672 Filed 6–5–12; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 305
[RIN 3084–AB03]
Rule Concerning Disclosures
Regarding Energy Consumption and
Water Use of Certain Home Appliances
and Other Products Required Under
the Energy Policy and Conservation
Act (‘‘Appliance Labeling Rule’’)
Federal Trade Commission
(FTC or Commission).
ACTION: Proposed rule; request for
comments.
AGENCY:
The Commission seeks
comment on proposed disclosures to
help consumers, distributors,
contractors, and installers easily
determine whether a specific furnace or
central air conditioner meets applicable
Department of Energy regional
efficiency standards.
DATES: Comments must be received by
August 6, 2012.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUMMARY:
E:\FR\FM\06JNP1.SGM
06JNP1
Agencies
[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Proposed Rules]
[Pages 33334-33337]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13672]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0590; Directorate Identifier 2011-NM-112-AD]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to all Model ERJ 190-100
[[Page 33335]]
STD, -100 LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200
LR, and -200 IGW airplanes. The existing AD currently requires revising
the maintenance program to incorporate modifications in the
Airworthiness Limitation Section (ALS) of the Embraer S.A. ERJ 190
Maintenance Review Board Report (MRBR). Since we issued that AD, new
inspection tasks and their respective thresholds and intervals have
been issued. This proposed AD would require revising the maintenance
program to incorporate modifications in the Airworthiness Limitation
Section (ALS) of the Embraer S.A. ERJ 190 Maintenance Review Board
Report (MRBR) to include new inspection tasks and their respective
thresholds and intervals. We are proposing this AD since failure to
inspect these structural components according to the new ALS tasks,
thresholds, and intervals could prevent a timely detection of fatigue
cracking, which if not properly addressed, could result in reduced
structural integrity of the airplane.
DATES: We must receive comments on this proposed AD by July 23, 2012.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://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
Embraer S.A., 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; email distrib@embraer.com.br; Internet https://www.flyembraer.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at https://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: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-227-
2768; 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-2012-0590;
Directorate Identifier 2011-NM-112-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 https://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 13, 2010, we issued AD 2010-11-14, Amendment 39-16319 (75 FR
30277, June 1, 2010). That AD required actions intended to address an
unsafe condition on the products listed above.
Since we issued AD 2010-11-14, Amendment 39-16319 (75 FR 30277,
June 1, 2010), the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC), which is the airworthiness authority for Brazil, has
issued Brazilian Airworthiness Directives 2010-08-03, dated September
20, 2010, and 2011-05-04, dated June 16, 2011 (referred to after this
as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:
During the airplane full scale fatigue test, cracks were found
in some structural components of the airplane. Analysis of these
cracks resulted in modifications on the Airworthiness Limitation
Section (ALS) of Embraer ERJ 190 Maintenance Review Board Report
(MRBR), to include new inspections tasks and its respective
thresholds and intervals.
Failure to inspect these structural components, according to the
new tasks, thresholds and intervals, could prevent a timely
detection of fatigue cracking. These cracks, if not properly
addressed, could adversely affect the structural integrity of the
airplane.
Since this condition may occur in other airplanes of the same
type and affects flight safety, a corrective action is required.
Thus, sufficient reason exists to request compliance with this
[ANAC] AD in the indicated time limit.
The required action is revising the maintenance program to incorporate
new structural inspection requirements. You may obtain further
information by examining the MCAI in the AD docket.
Relevant Service Information
Embraer S.A. has issued Part 2--Airworthiness Limitation
Inspections (ALI)--Structures, of Appendix A, Airworthiness Limitations
(AL), of the EMBRAER 190 Maintenance Review Board Report, MRB-1928,
Revision 5, dated November 11, 2010; and Temporary Revision (TR) 5-1,
dated February 11, 2011, to Part 2--Airworthiness Limitation
Inspections (ALI)--Structures, of Appendix A, Airworthiness Limitations
(AL), of the EMBRAER 190 Maintenance Review Board Report, MRB-1928,
Revision 5, dated November 11, 2010. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Correction To Restate Table 1 of AD 2010-11-14, Amendment 39-16319 (75
FR 30277, June 1, 2010)
Table 1 of AD 2010-11-14, Amendment 39-16319 (75 FR 30277, June 1,
2010), contains a reference to EMBRAER Temporary Revision (TR) 2-6,
dated December 12, 2008, to Part 2--Airworthiness Limitation
Inspections (ALI)--Structures, of Appendix A, Airworthiness Limitations
(AL), of the EMBRAER 190 Maintenance Review
[[Page 33336]]
Board Report, MRB-1928. We have determined that the correct date for
that TR should be February 12, 2008. That information is reflected in
table 1 of this proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 88 products of U.S. registry.
The actions that are required by AD 2010-11-14, Amendment 39-16319
(75 FR 30277, June 1, 2010), and retained in this proposed AD take
about 1 work-hour per product, at an average labor rate of $85 per work
hour. Based on these figures, the estimated cost of the currently
required actions is $85 per product.
We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $7,480, 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 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);
3. Will not affect intrastate aviation in Alaska; and
4. 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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by removing airworthiness directive
(AD) 2010-11-14, Amendment 39-16319 (75 FR 30277, June 1, 2010), and
adding the following new AD:
Embraer S.A.: Docket No. FAA-2012-0590; Directorate Identifier 2011-
NM-112-AD.
(a) Comments Due Date
We must receive comments by July 23, 2012.
(b) Affected ADs
This AD supersedes AD 2010-11-14, Amendment 39-16319 (75 FR
30277, June 1, 2010).
(c) Applicability
(1) This AD applies to Embraer S.A. Model ERJ 190-100 STD, -100
LR, and -100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and
-200 IGW airplanes; certificated in any category; all serial
numbers.
(2) This AD requires revisions to certain operator maintenance
documents to include new actions (e.g., inspections). Compliance
with these actions is required by 14 CFR 91.403(c). For airplanes
that have been previously modified, altered, or repaired in the
areas addressed by this AD, the operator may not be able to
accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must
request approval of an alternative method of compliance (AMOC)
according to paragraph (j)(1) of this AD. The request should include
a description of changes to the required actions that will ensure
the continued operational safety of the airplane.
(d) Subject
Air Transport Association (ATA) of America Code 52, Doors; 53,
Fuselage; 54, Nacelles/Pylons; 55, Stabilizers; 57, Wings; 71,
Powerplant; and 78, Engine Exhaust.
(e) Reason
This AD was prompted by reports of cracks in some of the
structural components of the airplane. We are issuing this AD since
failure to inspect these structural components according to the new
ALS tasks, thresholds, and intervals could prevent a timely
detection of fatigue cracking, which if not properly addressed,
could result in reduced structural integrity of the airplane.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Restated Actions and Compliance
This paragraph restates the actions required by paragraph (f) of
AD 2010-11-14, Amendment 39 16319 (75 FR 30277, June 1, 2010).
(1) Within 90 days after July 6, 2010 (the effective date of AD
2010-11-14, Amendment 39-16319 (75 FR 30277, June 1, 2010)), revise
the Airworthiness Limitation Section (ALS) of the Instructions for
Continued Airworthiness (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 1 to paragraph (g)(1) of this AD: The actions required by
paragraph (g)(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,
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 (g)(2)(i)
and (g)(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 the TRs
specified in table 1 of this AD.
(ii) At the applicable compliance time specified in table 1 of
this AD.
[[Page 33337]]
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 57-01-002-0002............ 250 flight cycles after
lower skin and July 6, 2011 (the
splices--internal. effective date of AD
2010-11-14, Amendment
39[dash]16319 (75 FR
30277, June 1, 2010)).
TR 2-5, dated December 6, 2007.... Wing stub spar 3-- 57-01-008-0003............ 500 flight cycles after
internal/external. July 6, 2011.
TR 2-5, dated December 6, 2007.... Wing stub spar 3-- 57-01-008-0004............ 500 flight cycles after
external. July 6, 2011.
TR 2-5, dated December 6, 2007.... Wing lower skin panel 57-10-007-0004............ 500 flight cycles after
stringers--internal. July 6, 2011.
TR 2-5, dated December 6, 2007.... Wing main box rib 11-- 57-10-012-0003............ 500 flight cycles after
internal. July 6, 2011.
TR 2-6, dated February 12, 2008... Nose landing gear 53-10-021-0004............ 500 flight cycles after
wheel well metallic July 6, 2011.
structure.
----------------------------------------------------------------------------------------------------------------
(iii) Thereafter, except as provided in paragraphs (h) and (j)
of this AD, no alternative replacement times or structural
inspection intervals may be approved for the tasks specified in the
TRs specified in table 1 of this AD.
(h) New Requirements of This AD: Revision of the Maintenance Program
Within 90 days after the effective date of this AD, revise the
maintenance program to incorporate the tasks specified in Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010;
and EMBRAER TR 5-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010;
with the thresholds and intervals stated in these documents. The
initial compliance times for the tasks are stated in the
``Implementation Plan'' section of Appendix A, Airworthiness
Limitations (AL), of the EMBRAER 190 Maintenance Review Board
Report, MRB-1928, Revision 5, dated November 11, 2010. Doing the
revision required by this paragraph terminates the revision required
by paragraph (g) of this AD.
(i) No Alternative Actions or Intervals
After accomplishing the revision required by paragraph (h) of
this AD, no alternative actions (e.g., inspections) or intervals,
may be used, unless the actions or intervals are approved as an AMOC
in accordance with the procedures specified in paragraph (j)(1) of
this AD.
(j) Other FAA AD Provisions
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. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Cindy
Ashforth, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone: 425-227-2768; fax: 425-227-1149.
Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding 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.
(k) Related Information
Refer to MCAI Brazilian Airworthiness Directive 2011-05-04,
dated June 16, 2011, and the service information specified in
paragraphs (k)(1) through (k)(4) of this AD.
(1) EMBRAER TR 2-5, dated December 6, 2007, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance
Review Board Report, MRB-1928.
(2) EMBRAER TR 2-6, dated February 12, 2008, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance
Review Board Report, MRB-1928.
(3) EMBRAER TR 5-1, dated February 11, 2011, to Part 2--
Airworthiness Limitation Inspections (ALI)--Structures, of Appendix
A, Airworthiness Limitations (AL), of the EMBRAER 190 Maintenance
Review Board Report, MRB-1928, Revision 5, dated November 11, 2010.
(4) Part 2--Airworthiness Limitation Inspections (ALI)--
Structures, of Appendix A, Airworthiness Limitations (AL), of the
EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 5,
dated November 11, 2010.
(5) For service information identified in this AD, contact
Embraer S.A., 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; email distrib@embraer.com.br; Internet https://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.
Issued in Renton, Washington, on May 24, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-13672 Filed 6-5-12; 8:45 am]
BILLING CODE 4910-13-P