Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Rules and Regulations 16155 

(m) Related Information 

Refer to MCAI Canadian Airworthiness 

Directive CF–2010–38R2, dated March 17, 

2011, and the service information specified 

in paragraphs (m)(1) and (m)(2) of this AD; 

for related information. 

(1) Bombardier Alert Service Bulletin 215– 

A543, Revision 1, dated June 23, 2010. 

(2) Bombardier Alert Service Bulletin 215– 

A4424, Revision 2, dated June 23, 2010. 

(n) 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: 

(i) Bombardier Alert Service Bulletin 215– 

A543, Revision 1, dated June 23, 2010. 

(ii) Bombardier Alert Service Bulletin 215– 

A4424, Revision 2, dated June 23, 2010. 

(2) For service information identified in 

this AD, contact Bombardier, Inc., 400 CoˆteVertu Road West, Dorval, Que ́bec H4S 1Y9, 

Canada; telephone 514–855–5000; fax 514– 

855–7401; email 

thd.crj@aero.bombardier.com; Internet http:// 

www.bombardier.com. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 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 1, 

2012. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–6117 Filed 3–19–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0191; Directorate 

Identifier 2012–NM–035–AD; Amendment 

39–16980; AD 2012–05–08] 

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; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 airplanes. 

This AD requires repetitive inspections 

for fuel leakage and cracks on the wing 

spar II, close to the rib 10 area, and 

repair if necessary. This AD was 

prompted by reports of fuel seepage at 

the left-hand wing, close to the rib 10 

area in two airplanes. We are issuing 

this AD to detect and correct cracking 

on the wing spar II, which could result 

in a fuel leak, consequent reduced 

structural integrity of the airplane, and 

possible fire. 

DATES: This AD becomes effective April 

4, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of April 4, 2012. 

We must receive comments on this 

AD by May 4, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this 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; telephone 

425–227–2768; fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directive 2012–02–01, 

dated February 22, 2012 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

It has been found cases of fuel seepage at 

the Left Hand (LH) wing and close to the Rib 

10 area in two different airplanes. Further 

investigation revealed that the seepage was 

caused by a crack at the LH wing spar II close 

to the Rib 10. The ANAC is issuing this AD 

to detect and correct cracking in the wing 

spar II, which could result in a fuel leak and 

reduced structural integrity of the airplane. 

* * * * * 

This AD requires repetitive general 

visual inspections for fuel leakage on 

the wing spar II, close to the rib 10 area; 

repetitive detailed inspections for cracks 

on the wing spar II, spar cap third, and 

main box lower skins of the wings, close 

to the rib 10 area; an eddy current 

inspection for cracks on the wing spar 

II if necessary; and repair if necessary. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Relevant Service Information 

EMBRAER has issued Alert Service 

Bulletin 170–57–A053, dated February 

13, 2012. 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 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 issuing this 

AD because we evaluated all pertinent 

information and determined the unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Interim Action 

This AD is considered interim action 

to address the unsafe condition. If final 

action is later identified, we might 

consider further rulemaking then. 

Differences Between the AD and the 

MCAI or Service Information 

The MCAI requires actions only for 

airplanes that have exceeded 12,000 

total flight cycles, but the requirements 

of this (FAA) AD apply to all Model 170 

airplanes. 


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16156 Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Rules and Regulations 

For airplanes with fuel leakage but no 

crack, this AD, in paragraph (j)(2), 

requires repeating the general visual and 

detailed inspections. The MCAI does 

not require that this inspection be 

repeated under those conditions. 

We have coordinated these 

differences with ANAC. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD. The FAA has found that the risk to 

the flying public justifies waiving notice 

and comment prior to adoption of this 

rule because of fuel leaks caused by spar 

cracks, which could result in reduced 

structural integrity of the wing, and 

possible fire. Therefore, we determined 

that notice and opportunity for public 

comment before issuing this AD are 

impracticable and that good cause exists 

for making this amendment effective in 

fewer than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2012–0191; 

Directorate Identifier 2012–NM–035– 

AD’’ at the beginning of your comments. 

We specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify 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. 

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 adding 

the following new AD: 

2012–05–08 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–16980. Docket No. 

FAA–2012–0191; Directorate Identifier 

2012–NM–035–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective April 4, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

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. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57: Wings. 

(e) Reason 

This AD was prompted by reports of fuel 

seepage at the left-hand wing, close to the rib 

10 area in two airplanes. We are issuing this 

AD to detect and correct cracking on the 

wing spar II, which could result in a fuel 

leak, consequent reduced structural integrity 

of the airplane, and possible fire. 

(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) General Visual Inspection for Fuel 

Leakage 

At the applicable time specified in 

paragraph (g)(1), (g)(2), or (g)(3) of this AD: 

Do a general visual inspection for fuel 

leakage on the wings, close to the rib 10 area, 

while both tanks are fully fueled, in 

accordance with Part I of the 

Accomplishment Instructions of EMBRAER 

Alert Service Bulletin 170–57–A053, dated 

February 13, 2012. 

Note 1 to paragraph (g) of this AD: 

Guidance on performing the inspection for 

fuel leakage can be found in Task 28–11–00– 

790–801–A, Wing Tank—Fueled Tank 

Leakage Check, of the EMBRAER 170/175 

Aircraft Maintenance Manual. 

(1) For airplanes that have accumulated 

11,999 or fewer total flight cycles as of the 

effective date of this AD: Inspect before the 

accumulation of 12,000 total flight cycles, or 

within 150 flight cycles after the effective 

date of this AD, whichever occurs later. 

(2) For airplanes that have accumulated 

more than 11,999 total flight cycles but fewer 

than 13,926 total flight cycles as of the 

effective date of this AD: Inspect within 150 

flight cycles after the effective date of this 

AD. 

(3) For airplanes that have accumulated 

more than 13,925 total flight cycles as of the 

effective date of this AD: Inspect before the 

accumulation of 14,075 total flight cycles, or 

within 75 flight cycles after the effective date 

of this AD, whichever occurs later. 

(h) Detailed Inspection for Cracks (Leakage 

Found) 

If any sign of fuel leakage is found during 

any inspection required by paragraph (g) of 

this AD, before further flight, do a detailed 

inspection for cracks on spar II, spar cap 

third, and main box lower skin of the wings, 

close to the rib 10, in accordance with Part 

II or Part III, as applicable, of the 

Accomplishment Instructions of EMBRAER 

Alert Service Bulletin 170–57–A053, dated 

February 13, 2012. Repeat the inspection 

thereafter at intervals not to exceed 50 flight 


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Federal Register / Vol. 77, No. 54 / Tuesday, March 20, 2012 / Rules and Regulations 16157 

cycles until accomplishment of the 

requirements of paragraph (j) of this AD. 

(i) Detailed Inspection for Cracks (No 

Leakage Found) 

If no sign of fuel leakage is found during 

the most recent inspection required by 

paragraph (g) of this AD, within 450 flight 

cycles after accomplishing the inspection, 

repeat the general visual inspection required 

by paragraph (g) of this AD and do a detailed 

inspection for cracks on spar II, spar cap 

third, and main box lower skin of the wings, 

close to the rib 10, in accordance with Part 

II and Part III of the Accomplishment 

Instructions of EMBRAER Alert Service 

Bulletin 170–57–A053, dated February 13, 

2012. Repeat both inspections thereafter at 

intervals not to exceed 450 flight cycles. 

(j) Special Detailed Inspection (Leakage 

Found) 

If any fuel leakage is found during any 

inspection required by paragraph (g) or (i) of 

this AD: Within 150 flight cycles after the 

most recent inspection, do an eddy current 

special detailed inspection for cracks on spar 

II of the wings, and a defueled tank leak 

check for fuel leakage, in accordance with 

Part IV and Part V, as applicable, of the 

Accomplishment Instructions of EMBRAER 

Alert Service Bulletin 170–57–A053, dated 

February 13, 2012. 

(1) If any crack is found: Do the actions 

specified in paragraph (k) of this AD. 

(2) If no crack is found: Repeat the general 

visual inspection specified in paragraph (g) 

of this AD and the detailed inspection 

specified in paragraph (i) of this AD at 

intervals not to exceed 450 flight cycles. 

(k) Repair 

If any cracking or fuel leakage is found 

during any inspection or check required by 

this AD: Before further flight, repair using a 

method approved by either the Manager, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA; or the Ageˆncia 

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

delegated agent). Repair of any crack 

terminates the repetitive inspection 

requirements required by this AD for that 

side of the wing. 

Note 2 to paragraph (k) of this AD: 

Guidance on the classification of ‘‘fuel 

leakage’’ and the disposition of fuel leaks can 

be found in Task 28–11–00–790–801–A, 

Wing Tank—Fueled Tank Leakage Check, of 

the EMBRAER 170/175 Aircraft Maintenance 

Manual. 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, 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, ANM–116, 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 

425–227–1149. 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. 

(m) Special Flight Permits 

Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), are not allowed. 

(n) Related Information 

Refer to MCAI Brazilian Airworthiness 

Directive 2012–02–01, dated February 22, 

2012; and EMBRAER Alert Service Bulletin 

170–57–A053, dated February 13, 2012; for 

related information. 

(o) 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: 

(i) Embraer Alert Service Bulletin 170–57– 

A053, dated February 13, 2012. 

(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 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. 

(3) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at 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 7, 

2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–6447 Filed 3–19–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

20 CFR Part 655 

RIN 1205–AB58 

Changes to the Labor Certification 

Process for the Temporary NonAgricultural Employment of H–2B 

Aliens in the United States; Transition 

Period 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Guidance. 

SUMMARY: On February 21, 2012, the 

Department of Labor (the Department or 

DOL) published a Final Rule amending 

H–2B regulations governing the 

certification of temporary employment 

of nonimmigrant workers in temporary 

or seasonal non-agricultural 

employment. The Department’s H–2B 

Final Rule also created new regulations 

to provide for enhanced enforcement 

under the H–2B program requirements 

when employers fail to meet their 

obligations under the H–2B program. 

The Department also made changes to 

the Application for Temporary 

Employment Certification, ETA Form 

9142. 

The H–2B Final Rule becomes 

effective on April 23, 2012. All 

applications filed on or after that date 

will need to comply with all applicable 

program requirements. The purpose of 

this guidance is to provide transition 

procedures to ensure that employers 

filing H–2B applications on or after 

April 23, 2012, have sufficient 

information to file appropriately. 

DATES: This guidance is effective March 

20, 2012. 

FOR FURTHER INFORMATION CONTACT: 

William L. Carlson, Ph.D., 

Administrator, Office of Foreign Labor 

Certification, Employment and Training 

Administration, 200 Constitution 

Avenue NW., Room C–4312, 

Washington, DC 20210; Telephone: 

(202) 693–3010 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: On 

February 21, 2012, the Department 

published a Final Rule amending the H– 

2B regulations at 20 CFR part 655, 

Subpart A. 76 FR 10038, Feb. 21, 2012. 

The rule becomes effective April 23, 

2012 and applies to all applications 

filed on or after that date. Among other 

things, the H–2B Final Rule provides for 

a return to the compliance-based 

certification model, by which employers 

file before conducting recruitment. The 


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