24342 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(j) * * * 

(1) * * * 

(i) When using appendix J1 (see the 

note at the beginning of appendix J1), 

* * * * * 

(ii) When using appendix J2 (see the 

note at the beginning of appendix J2), 

* * * * * 

[FR Doc. 2012–9841 Filed 4–23–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1325; Directorate 

Identifier 2010–NM–250–AD; Amendment 

39–17014; AD 2012–07–08] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

all EMBRAER Model ERJ 170 airplanes. 

That AD currently requires revising the 

Airworthiness Limitations Section 

(ALS) of the Instructions for Continued 

Airworthiness (ICA) to incorporate new 

structural inspection requirements. 

Since we issued that AD, during full 

scale fatigue testing, cracks were found 

in certain structural components of the 

airplane. Analysis of these cracks 

resulted in the manufacturer modifying 

the ALS of EMBRAER 170 Maintenance 

Review Board Report (MRBR), to 

include new inspections tasks, or 

modifying the current tasks and their 

respective thresholds and intervals. This 

new AD requires revising the 

maintenance program to incorporate 

new or revised structural inspection 

requirements. We are issuing this AD to 

detect and correct fatigue cracking 

which could result in the loss of 

structural integrity of the airplane. 

DATES: This AD becomes effective May 

29, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of May 29, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of July 6, 2010 (75 FR 30284, 

June 1, 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: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

425–227–2768; fax 425–227–1320. 

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 December 29, 2011 (76 FR 

81894), and proposed to supersede AD 

2010–11–13, Amendment 39–16318 (75 

FR 30284, June 1, 2010). That NPRM 

proposed 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 170 Maintenance Review Board 

Report (MRBR), to include new inspections 

tasks or modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these structural 

components, according to the new/revised 

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. 

* * * * * 

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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (76 

FR 81894, December 29, 2011) or on the 

determination of the cost to the public. 

Explanation of Changes Made to This 

AD 

We have revised certain headers 

throughout this AD. We have also 

redesignated Note 1 of the NPRM (76 FR 

81894, December 29, 2011) as paragraph 

(c)(2) of this AD, and paragraph (c) of 

the NPRM as paragraph (c)(1) of this 

AD. These changes have not changed 

the intent of this AD. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously— 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

81894, December 29, 2011) for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (76 FR 81894, 

December 29, 2011). 

Costs of Compliance 

We estimate that this AD will affect 

about 166 products of U.S. registry. 

The actions that are required by AD 

2010–11–13, Amendment 39–16318 (75 

FR 30284, June 1, 2010), and retained in 

this 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 will take about 1 

work-hour per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

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

operators to be $14,110, 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 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24343 

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 that 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); 

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 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 (76 FR 81894, 

December 29, 2011), the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2010–11–13, Amendment 39–16318 (75 

FR 30284, June 1, 2010), and adding the 

following new AD: 

2012–07–08 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–17014. Docket No. 

FAA–2011–1325; Directorate Identifier 

2010–NM–250–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective May 29, 2012. 

(b) Affected ADs 

This AD supersedes AD 2010–11–13, 

Amendment 39–16318 (75 FR 30284, June 1, 

2010). 

(c) Applicability 

(1) This AD applies to all Empresa 

Brasileira de Aeronautica S.A. (EMBRAER) 

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

and –100 SU airplanes; and Model ERJ 170– 

200 LR, –200 SU, and –200 STD airplanes; 

certificated in any category. 

(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 these inspections, 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 for an 

alternative method of compliance according 

to paragraph (k) of this AD. The request 

should include a description of changes to 

the required inspections that will ensure the 

continued damage tolerance of the affected 

structure. The FAA has provided guidance 

for this determination in Advisory Circular 

(AC) 25.1529–1A (http://rgl.faa.gov/

Regulatory_and_Guidance_Library/

rgAdvisoryCircular.nsf/list/AC%2025.1529-

1A/$FILE/AC%2025.1529-1A.pdf). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 53: Fuselage; 57: Wings. 

(e) Reason 

This AD was prompted by cracks found in 

certain structural components during full 

scale fatigue testing of the airplane. Analysis 

of these cracks resulted in manufacturer 

modifications of the airworthiness 

limitations section (ALS) of EMBRAER 170 

Maintenance Review Board Report (MRBR), 

which include new inspections tasks, or 

modification of the current tasks and their 

respective thresholds and intervals. We are 

issuing this AD to detect and correct fatigue 

cracking which could result in the loss of 

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) Restatement of Requirements of AD 2010– 

11–13, Amendment 39–16318 (75 FR 30284, 

June 1, 2010): Actions 

(1) Within 90 days after July 6, 2010 (the 

effective date of AD 2010–11–13, 

Amendment 39–16318 (75 FR 30284, June 1, 

2010)), revise the ALS of the Instructions for 

Continued Airworthiness (ICA) to 

incorporate the inspection tasks identified in 

the EMBRAER temporary revisions (TRs) to 

Appendix A—Part 2 of the EMBRAER 170 

MRBR MRB–1621 listed in table 1 of this AD. 

(2) The initial compliance times for the 

tasks start from the applicable threshold 

times specified in the temporary revisions 

(TRs) for the corresponding tasks of the 

maintenance review board report or within 

500 flight cycles after July 6, 2010, whichever 

occurs later. For certain tasks, the 

compliance times depend on the premodification and post-modification status of 

the actions specified in the associated service 

bulletin, as specified in the ‘‘Applicability’’ 

column of the applicable TRs identified in 

table 1 of this AD. 

(3) The threshold values stated in the TRs 

referenced in table 1 of this AD are total 

flight cycles on the airplane since the date of 

issuance of the original Brazilian 

airworthiness certificate or the date of 

issuance of the original Brazilian export 

certificate of airworthiness. 

TABLE 1—INSPECTION TASKS

TR Date Subject Task No. 

TR 4–1 .............. October 15, 2007 ......................... Ram air turbine compartment, support structure and cutout structure—internal.53–10–012–0002 

53–10–012–0003 

Nose landing gear wheel well metallic structure ................................ 53–10–021–0005 

53–10–021–0006 

TR 4–3 .............. December 6, 2007 ....................... Wing stub spar 3 side fitting—internal ................................................ 57–01–012–001 

Wing upper skin panels—external ...................................................... 57–10–010–0002 

Fixed trailing edge lower skin panel—external ................................... 57–50–002–0002 

Fixed trailing edge rib 4A—external ................................................... 57–50–005–0003 

Fixed trailing edge rib 6—internal ....................................................... 57–50–005–0004 

TR 4–4 .............. January 18, 2008 ......................... Wing stub main box lower—internal ................................................... 57–01–002–003 

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24344 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

(h) No Alternative Inspections for Paragraph 

(g) of This AD 

Except as required by paragraph (i) of this 

AD, after accomplishing the actions specified 

in paragraph (g) of this AD, no alternative 

inspections or inspection intervals may be 

used unless the inspection or inspection 

interval is approved by the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, or the Ageˆncia 

Nacional de Aviac ̧a ̃o Civil (ANAC) (or its 

delegated agent); or unless the inspection or 

interval is approved as an alternative method 

of compliance (AMOC) in accordance with 

the procedures specified in paragraph (k)(1) 

of this AD. 

(i) New Requirements of This AD: Revising 

the Maintenance Program 

(1) Within 60 days after the effective date 

of this AD: Revise the maintenance program 

to incorporate the new or revised tasks 

specified in Part 2—Airworthiness Limitation 

Inspection (ALI)—Structures, of Appendix A, 

Airworthiness Limitations, of the EMBRAER 

170 MRBR MRB–1621, Revision 7, dated 

November 11, 2010; and EMBRAER 

Temporary Revision (TR) 7–1, dated 

February 11, 2011, to Part 2—Airworthiness 

Limitation Inspection (ALI)—Structures, of 

Appendix A, Airworthiness Limitations, of 

the EMBRAER 170 MRBR MRB–1621, 

Revision 7; with the initial compliance times 

and intervals specified in these documents. 

(2) The initial compliance times for the 

tasks start from the date of issuance of the 

original Brazilian airworthiness certificate or 

the date of issuance of the original Brazilian 

export certificate of airworthiness of the 

applicable airplane at the applicable time 

specified in the tasks, or within 600 flight 

cycles after revising the maintenance 

program, whichever occurs later. For certain 

tasks, the compliance times depend on the 

pre-modification and post-modification 

status of the actions specified in the 

associated service bulletin, as specified in the 

‘‘Applicability’’ column of Part 2— 

Airworthiness Limitation Inspection (ALI)— 

Structures, of Appendix A, Airworthiness 

Limitations, of the EMBRAER 170 MRBR 

MRB–1621, Revision 7, dated November 11, 

2010; and EMBRAER Temporary Revision 7– 

1, dated February 11, 2011, to Part 2— 

Airworthiness Limitation Inspection (ALI)— 

Structures, of Appendix A, Airworthiness 

Limitations of the EMBRAER 170 MRBR 

MRB–1621, Revision 7. 

(3) For tasks identified in the documents 

identified in paragraph (i)(1) of this AD, 

doing the initial task required by this 

paragraph terminates the requirements of 

paragraph (g) of this AD for that task. 

(j) No Alternative Actions Intervals, and/or 

Critical Design Configuration Control 

Limitations (CDCCLs) 

After accomplishing the revisions required 

by paragraph (i) of this AD, no alternative 

actions (e.g., inspections), intervals, and/or 

CDCCLs may be used other than those 

specified in Part 2—Airworthiness Limitation 

Inspection (ALI)—Structures, of Appendix A, 

Airworthiness Limitations, of the EMBRAER 

170 MRBR MRB–1621, Revision 7, dated 

November 11, 2010; and EMBRAER 

Temporary Revision 7–1, dated February 11, 

2011, to Part 2—Airworthiness Limitation 

Inspection (ALI)—Structures, of Appendix A, 

Airworthiness Limitations, of the EMBRAER 

170 MRBR MRB–1621, Revision 7, unless the 

actions, intervals, and/or CDCCLs are 

approved as an AMOC in accordance with 

the procedures specified in paragraph (k)(1) 

of this AD. 

(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, 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; telephone 425–227–2768; fax 425–227– 

1320. 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. 

(l) Related Information 

Refer to MCAI Brazilian Airworthiness 

Directive 2011–04–01, dated May 5, 2011; 

and Part 2—Airworthiness Limitation 

Inspection (ALI)—Structures, of Appendix A, 

Airworthiness Limitations, of the EMBRAER 

170 MRBR MRB–1621, Revision 7, dated 

November 11, 2010; and EMBRAER 

Temporary Revision 7–1, dated February 11, 

2011, to Part 2—Airworthiness Limitation 

Inspection (ALI)—Structures, of Appendix A, 

Airworthiness Limitations, of the EMBRAER 

170 MRBR MRB–1621, Revision 7; for related 

information. 

(m) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51 on the date 

specified. 

(2) The following service information was 

approved for IBR on May 29, 2012. 

(i) Part 2—Airworthiness Limitation 

Inspection (ALI)—Structures, of Appendix A, 

Airworthiness Limitations, of the EMBRAER 

170 MRBR MRB–1621, Revision 7, dated 

November 11, 2010. *Only the title page of 

this document specifies the revision level of 

the document. 

(ii) EMBRAER Temporary Revision 7–1, 

dated February 11, 2011, to Part 2— 

Airworthiness Limitation Inspection (ALI)— 

Structures, of Appendix A, Airworthiness 

Limitations of the EMBRAER 170 MRBR 

MRB–1621, Revision 7. 

(3) The following service information was 

approved for IBR on July 6, 2010 (75 FR 

30284, June 1, 2010): 

(i) EMBRAER Temporary Revision 4–1, 

dated October 15, 2007, to Appendix A–Part 

2 of the EMBRAER 170 Maintenance Review 

Board Report MRB–1621. 

(ii) EMBRAER Temporary Revision 4–3, 

dated December 6, 2007, to Appendix A— 

Part 2 of the EMBRAER 170 Maintenance 

Review Board Report MRB–1621. 

(iii) EMBRAER Temporary Revision 4–4, 

dated January 18, 2008, to Appendix A– Part 

2 of the EMBRAER 170 Maintenance Review 

Board Report MRB–1621. 

(4) For service information identified in 

this AD, contact Empresa Brasileira de 

Aeronautica S.A. (EMBRAER), Technical 

Publications Section (PC 060), Av. Brigadeiro 

Faria Lima, 2170–Putim–12227–901 Sa ̃o Jose 

dos Campos—SP—BRASIL; telephone +55 12 

3927–5852 or +55 12 3309–0732; fax +55 12 

3927–7546; email: distrib@embraer.com.br; 

Internet: http://www.flyembraer.com. 

(5) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(6) 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 an NARA facility, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on March 

29, 2012. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–9500 Filed 4–23–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1069; Directorate 

Identifier 2011–NM–025–AD; Amendment 

39–17025; AD 2012–08–08] 

RIN 2120–AA64 

Airworthiness Directives; Learjet Inc. 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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