Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Rules and Regulations 58761 

Dated: September 14, 2012. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2012–23394 Filed 9–21–12; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0638; Directorate 

Identifier 2011–NM–266–AD; Amendment 

39–17201; AD 2012–19–06] 

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 adopting a new 

airworthiness directive (AD) all 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–135 airplanes, 

and Model EMB–145, –145ER, –145MR, 

–145LR, –145MP, and –145EP airplanes. 

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. 

This AD requires installing or 

reworking, as applicable, metallic 

diverters and aluminum sheets; 

modifying the light 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 issuing this 

AD to prevent lightning strikes from 

causing certain parts to contact the 

airplane pitch control system, which 

could reduce airplane controllability. 

DATES: This AD becomes effective 

October 29, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of October 29, 2012. 

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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–1175; 

fax (425) 227–1149. 

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 June 18, 2012 (77 FR 36224). 

That NPRM proposed 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 light 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. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 36224, June 18, 2012) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

Based on the service information, we 

estimate that this AD will affect about 

668 products of U.S. registry. We also 

estimate that it will take about 12 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will 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 

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 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. 

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 (77 FR 36224, June 

18, 2012), 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. 


emcdonald on DSK67QTVN1PROD with RULES
58762 Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Rules and Regulations 

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: 

2012–19–06 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–17201. Docket No. 

FAA–2012–0638; Directorate Identifier 

2011–NM–266–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective October 29, 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 

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 light 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, 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: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 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 

Refer to MCAI Brazilian Airworthiness 

Directive 2011–11–01, dated November 30, 

2011, and the following service information, 

for related information. 

(1) EMBRAER Service Bulletin 145LEG– 

55–0013, dated September 8, 2011. 

(2) EMBRAER Service Bulletin 145–55– 

0030, Revision 05, dated July 29, 2011. 

(j) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) EMBRAER Service Bulletin 145LEG–55– 

0013, dated September 8, 2011. 

(ii) EMBRAER Service Bulletin 145–55– 

0030, Revision 05, dated July 29, 2011. 

(3) 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. 

(4) You may review copies of the service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

(5) You may view this 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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

September 6, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–23277 Filed 9–21–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0821; Directorate 

Identifier 2010–NE–30–AD; Amendment 39– 

17183; AD 2012–18–07] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

plc Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

all Rolls-Royce plc (RR) RB211-Trent 

875–17, RB211-Trent 877–17, RB211- 

Trent 884–17, RB211-Trent 884B–17, 

RB211-Trent 892–17, RB211-Trent 

892B–17, and RB211-Trent 895–17 

turbofan engines. That AD currently 

requires initial and repetitive ultrasonic 

inspections (UIs) of certain low-pressure 

(LP) compressor blades identified by 

serial number (S/N). This new AD 

requires the same actions but expands 

the population of blades. This AD was 

prompted by the need to add the 

inspections of the LP compressor blades 

listed by S/N in Appendices 3H through 

3L of RR plc Alert Service Bulletin 

(ASB) No. RB.211–72–AG244, Revision 

4, dated December 22, 2011. We are 

issuing this AD to prevent multiple LP 

compressor blades from failing due to 

blade root cracks, which could lead to 

uncontained engine failure and damage 

to the airplane. 

DATES: This AD is effective October 29, 

2012. 

The Director of the Federal Register 

approved the incorporation by reference 


emcdonald on DSK67QTVN1PROD with RULES