Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Airplanes, 36224-36226 [2012-14808]
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Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules
(e) Unsafe Condition
This AD was prompted by a report of an
inboard main landing gear (MLG) door
assembly departure due to premature fatigue
cracking in the inboard MLG door hinge
fittings. We are issuing this AD to detect and
correct fatigue cracking in the inboard MLG
door hinge fittings, which could result in loss
of the MLG door assembly from the airplane;
loss of the MLG door assembly could impact
the flight control surfaces and result in
reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Initial and Repetitive Inspections
Except as provided by paragraph (h) of this
AD, at the applicable time in paragraph 1.E.
of Boeing Alert Service Bulletin 737–
52A1167, dated December 1, 2011, do either
a detailed or surface high frequency eddy
current (HFEC) inspection for cracking of the
left- and right-side inboard MLG door hinge
fittings, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–52A1167, dated
December 1, 2011. If any cracking is found,
before further flight, modify the inboard MLG
door hinge fittings on both left- and right-side
inboard MLG doors, in accordance with the
Accomplishment Instructions of Boeing Alert
Service Bulletin 737–52A1167, dated
December 1, 2011. Repeat either inspection at
the applicable time in paragraph 1.E. of
Boeing Alert Service Bulletin 737–52A1167,
dated December 1, 2011. Doing the
modification terminates the inspection
requirements of this AD.
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
(h) Exception
Where Boeing Alert Service Bulletin 737–
52A1167, dated December 1, 2011, specifies
a compliance time ‘‘after the original issue
date of this service bulletin,’’ this AD
requires compliance within the specified
compliance time after the effective date of
this AD.
(i) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle Aircraft
Certification Office (ACO), 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 manager of the ACO, send it to the
attention of the person identified in the
Related Information section of this AD.
Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) 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.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
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Jkt 226001
been authorized by the Manager, Seattle ACO
to make those findings. For a repair method
to be approved, the repair must meet the
certification basis of the airplane, and the
approval must specifically refer to this AD.
(i) Related Information
(1) For more information about this AD,
contact Nancy Marsh, Aerospace Engineer,
Airframe Branch, ANM–120S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue SW., Renton, Washington 98057–
3356; phone: 425–917–6440; fax: 425–917–
6590; email: nancy.marsh@faa.gov.
(2) For service information identified in
this AD, contact Boeing Commercial
Airplanes, Attention: Data & Services
Management, P.O. Box 3707, MC 2H–65,
Seattle, Washington 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; Internet https://
www.myboeingfleet.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 June 8,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–14806 Filed 6–15–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0638; Directorate
Identifier 2011–NM–266–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135 airplanes,
and Model EMB–145, –145ER, –145MR,
–145LR, –145MP, and –145EP airplanes.
This proposed AD was prompted by a
report of a lightning strike hitting an
airplane tail boom causing certain rear
bulkhead parts to jam an elevator
control rod. This proposed AD would
require installing or reworking, as
applicable, metallic diverters and
aluminum sheets; modifying the lights
assembly on the tail boom rear movable
fairing; and replacing the hood assembly
with a new hood assembly and
SUMMARY:
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rerouting its electrical harness. We are
proposing this AD to prevent lightning
strikes from causing certain parts to
contact the airplane pitch control
system, which could reduce airplane
controllability.
We must receive comments on
this proposed AD by August 2, 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 Empresa
Brasileira de Aeronautica S.A.
(EMBRAER), 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.
DATES:
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:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone
(425) 227–1175; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules
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–2012–0638; Directorate Identifier
2011–NM–266–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
ˆ
The Agencia Nacional de Aviacao
¸˜
Civil (ANAC), which is the aviation
authority for Brazil, has issued Brazilian
Airworthiness Directive 2011–11–01,
dated November 30, 2011 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for the specified
products. The MCAI states:
* * * [A] lightning strike event hitting the
airplane tail boom [caused certain rear
bulkhead parts to jam an elevator control rod]
* * *. The lack of the appropriate protection
against lightning strike effects [could cause
certain parts to contact the airplane pitch
control system, which could reduce airplane
controllability.]
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
*
*
*
*
*
The required actions include installing
or reworking, as applicable, metallic
diverters and aluminum sheets;
modifying the lights assembly on the
tail boom rear movable fairing; and
replacing the hood assembly with a new
hood assembly and rerouting its
electrical harness. You may obtain
further information by examining the
MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletin
145LEG–55–0013, dated September 8,
2011 (for Model EMB–135BJ airplanes);
and Service Bulletin 145–55–0030,
Revision 05, dated July 29, 2011 (for
Model EMB–145 and EMB–135, except
–135BJ, airplanes). 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
VerDate Mar<15>2010
16:48 Jun 15, 2012
Jkt 226001
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.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 668 products of U.S.
registry. We also estimate that it would
take about 12 work-hours per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $85 per work-hour. Required
parts would cost about $2,507 per
product. Where the service information
lists required parts costs that are
covered under warranty, we have
assumed that there will be no charge for
these parts. As we do not control
warranty coverage for affected parties,
some parties may incur costs higher
than estimated here. Based on these
figures, we estimate the cost of the
proposed AD on U.S. operators to be
$2,356,036, or $3,527 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
PO 00000
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36225
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2012–
0638; Directorate Identifier 2011–NM–
266–AD.
(a) Comments Due Date
We must receive comments by August 2,
2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Empresa Brasileira de
Aeronautica S.A. (EMBRAER) Model EMB–
145, –145ER, –145MR, –145LR, –145MP, and
–145EP airplanes; and Model EMB–135BJ,
–135ER, –135KE, –135KL, and –135LR
airplanes; certificated in any category; all
serial numbers.
(d) Subject
Air Transport Association (ATA) of
America Code 55, Stabilizers.
(e) Reason
This AD was prompted by a report of a
lightning strike hitting an airplane tail boom
causing certain rear bulkhead parts to jam an
elevator control rod. We are issuing this AD
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36226
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules
to prevent lightning strikes from causing
certain parts to contact the airplane pitch
control system, which could reduce airplane
controllability.
(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) Actions
Within 5,000 flight hours or 48 months
after the effective date of this AD, whichever
occurs first: Install or rework, as applicable,
metallic diverters and aluminum sheets;
modify the lights assembly on the tail boom
rear movable fairing; and replace the hood
assembly with a new hood assembly having
part number (P/N) 145–23046–403 and
reroute its electrical harness. Do all the
actions in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 145LEG–55–0013, dated
September 8, 2011 (for Model EMB–135BJ
airplanes); or EMBRAER Service Bulletin
145–55–0030, Revision 05, dated July 29,
2011 (for Model EMB 145 and EMB–135,
except –135BJ, airplanes).
TKELLEY on DSK3SPTVN1PROD with PROPOSALS
(h) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, 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: Todd Thompson, Aerospace
Engineer, International Branch, ANM–116,
Transport Airplane Directorate, FAA, 1601
Lind Avenue SW., Renton, Washington
98057–3356; telephone (425) 227–1175; fax
(425) 227–1149. 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 FAAapproved if they are approved by the State
of Design Authority (or their delegated
agent). You are required to assure the product
is airworthy before it is returned to service.
(i) Related Information
(1) Refer to MCAI ANAC Airworthiness
Directive 2011–11–01, dated November 30,
2011, and the following service information,
for related information.
(i) EMBRAER Service Bulletin 145LEG–55–
0013, dated September 8, 2011.
(ii) EMBRAER Service Bulletin 145–55–
0030, Revision 05, dated July 29, 2011.
VerDate Mar<15>2010
17:54 Jun 15, 2012
Jkt 226001
(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 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 June 8,
2012.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2012–14808 Filed 6–15–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 226
Notice of Intent To Establish an Osage
Negotiated Rulemaking Committee
Bureau of Indian Affairs,
Interior.
ACTION: Notice of intent; request for
comments or nominations.
AGENCY:
The Bureau of Indian Affairs
(BIA) is announcing its intent to
establish an Osage Negotiated
Rulemaking Committee (Committee).
The Committee will develop specific
recommendations to address future
management and administration of the
Osage Mineral Estate, including
potential revisions to the regulations
governing leasing of Osage Reservation
Lands for Oil and Gas Mining, 25 CFR
Part 226. The Committee will include
representatives of parties who would be
affected by a final rule. BIA solicits
comments on this proposal to establish
the Committee and its proposed
membership. BIA also invites anyone
who will be significantly affected by the
proposed rule and believes their
interests will not be adequately
represented by the proposed members
listed below to nominate a member to
the Committee.
DATES: Submit nominations for
Committee members or written
comments on this notice on or before
July 18, 2012.
ADDRESSES: You may submit
nominations to the Committee or
comments on this notice by any of the
following methods:
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
• Mail comments or nominations to
Mr. Robert Impson, Designated Federal
Officer, Eastern Oklahoma Regional
Office, Bureau of Indian Affairs, 3100
W. Peak Blvd., Muskogee, OK 74401;
(918) 781–4600.
• Hand-carry comments or use an
overnight courier service. Our courier
address is 3100 W. Peak Blvd.,
Muskogee, OK 74401; (918) 781–4600.
• Email comments or nominations to
robert.impson@bia.gov. Include the
words Osage Negotiated Rulemaking in
the subject line.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Impson, Designated Federal
Officer, Eastern Oklahoma Regional
Office, Bureau of Indian Affairs, 3111
W. Peak Blvd., Muskogee, OK 74401;
robert.impson@bia.gov; (918) 781–4600;
(918) 781–4604 (FAX).
SUPPLEMENTARY INFORMATION:
I. Background
On October 14, 2011, the United
States and the Osage Nation (formerly
known as the Osage Tribe) signed a
Settlement Agreement to resolve
litigation regarding alleged
mismanagement of the Osage Nation’s
oil and gas mineral estate, among other
claims. As part of the Settlement
Agreement, the parties agreed that it
would be mutually beneficial ‘‘to
address means of improving the trust
management of the Osage Mineral
Estate, the Osage Tribal Trust Account,
and Other Osage Accounts.’’ Settlement
Agreement, Paragraph 1.i. During
settlement negotiations, it became
apparent that a review of the existing
regulations is necessary to better assist
the BIA in managing the Osage Mineral
Estate. The parties agreed to engage in
a negotiated rulemaking for this
purpose, Settlement Agreement,
Paragraph 9.b.
II. Statutory Authorities
The Negotiated Rulemaking Act of
1996 (NRA) (5 U.S.C. 561 et seq.); the
Federal Advisory Committee Act
(FACA) (5 U.S.C. Appendix 2, section 1
et seq.); the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C.
1701 et seq.); the Act of June 28, 1906,
ch. 3572, 34 Stat. 539, as amended; and
the Leasing of Osage Reservation Lands
for Oil and Gas Mining, 25 CFR part
226.
III. The Committee and Its Process
In a negotiated rulemaking, a report
containing recommendations for the
provisions of the proposed rule is
developed by a committee composed of
representatives of government and the
interests that will be significantly
affected by the rule. Decisions on what
E:\FR\FM\18JNP1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Proposed Rules]
[Pages 36224-36226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14808]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2012-0638; Directorate Identifier 2011-NM-266-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135
airplanes, and Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -
145EP airplanes. This proposed AD was prompted by a report of a
lightning strike hitting an airplane tail boom causing certain rear
bulkhead parts to jam an elevator control rod. This proposed AD would
require installing or reworking, as applicable, metallic diverters and
aluminum sheets; modifying the lights assembly on the tail boom rear
movable fairing; and replacing the hood assembly with a new hood
assembly and rerouting its electrical harness. We are proposing this AD
to prevent lightning strikes from causing certain parts to contact the
airplane pitch control system, which could reduce airplane
controllability.
DATES: We must receive comments on this proposed AD by August 2, 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
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; 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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
[[Page 36225]]
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-2012-0638;
Directorate Identifier 2011-NM-266-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
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2011-11-01, dated November 30, 2011 (referred
to after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:
* * * [A] lightning strike event hitting the airplane tail boom
[caused certain rear bulkhead parts to jam an elevator control rod]
* * *. The lack of the appropriate protection against lightning
strike effects [could cause certain parts to contact the airplane
pitch control system, which could reduce airplane controllability.]
* * * * *
The required actions include installing or reworking, as applicable,
metallic diverters and aluminum sheets; modifying the lights assembly
on the tail boom rear movable fairing; and replacing the hood assembly
with a new hood assembly and rerouting its electrical harness. You may
obtain further information by examining the MCAI in the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletin 145LEG-55-0013, dated September
8, 2011 (for Model EMB-135BJ airplanes); and Service Bulletin 145-55-
0030, Revision 05, dated July 29, 2011 (for Model EMB-145 and EMB-135,
except -135BJ, airplanes). 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.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 668 products of U.S. registry. We also estimate that
it would take about 12 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $2,507 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
parts. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $2,356,036, or $3,527 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 adding the following new AD:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2012-0638; Directorate Identifier 2011-NM-266-AD.
(a) Comments Due Date
We must receive comments by August 2, 2012.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP
airplanes; and Model EMB-135BJ, -135ER, -135KE, -135KL, and -135LR
airplanes; certificated in any category; all serial numbers.
(d) Subject
Air Transport Association (ATA) of America Code 55, Stabilizers.
(e) Reason
This AD was prompted by a report of a lightning strike hitting
an airplane tail boom causing certain rear bulkhead parts to jam an
elevator control rod. We are issuing this AD
[[Page 36226]]
to prevent lightning strikes from causing certain parts to contact
the airplane pitch control system, which could reduce airplane
controllability.
(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) Actions
Within 5,000 flight hours or 48 months after the effective date
of this AD, whichever occurs first: Install or rework, as
applicable, metallic diverters and aluminum sheets; modify the
lights assembly on the tail boom rear movable fairing; and replace
the hood assembly with a new hood assembly having part number (P/N)
145-23046-403 and reroute its electrical harness. Do all the actions
in accordance with the Accomplishment Instructions of EMBRAER
Service Bulletin 145LEG-55-0013, dated September 8, 2011 (for Model
EMB-135BJ airplanes); or EMBRAER Service Bulletin 145-55-0030,
Revision 05, dated July 29, 2011 (for Model EMB 145 and EMB-135,
except -135BJ, airplanes).
(h) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, 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: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149.
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.
(i) Related Information
(1) Refer to MCAI ANAC Airworthiness Directive 2011-11-01, dated
November 30, 2011, and the following service information, for
related information.
(i) EMBRAER Service Bulletin 145LEG-55-0013, dated September 8,
2011.
(ii) EMBRAER Service Bulletin 145-55-0030, Revision 05, dated
July 29, 2011.
(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; 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 June 8, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-14808 Filed 6-15-12; 8:45 am]
BILLING CODE 4910-13-P
