25644 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 

Bulletin 84–32–75, dated June 1, 2010, no 

further action is required by this paragraph. 

(2) If the lot number of the pushrod 

matches any of those listed in the table in 

paragraph 3.B.(2) of Bombardier Service 

Bulletin 84–32–75, dated June 1, 2010, before 

further flight, replace the pushrod, in 

accordance with paragraph 3.B., 

Rectification, of Bombardier Service Bulletin 

84–32–75, dated June 1, 2010. 

(m) Parts Installation 

For Model DHC–8–400, –401, and –402 

airplanes, serial numbers 4006, 4008, 4012 

through 4015 inclusive, 4018 through 4023 

inclusive, and 4073 through 4197 inclusive: 

As of the effective date of this AD, no person 

may install a pushrod, P/N 83232012–001, 

with the lot number listed in the table in 

paragraph 3.B.(2) of Bombardier Service 

Bulletin 84–32–75, dated June 1, 2010, on 

any airplane. 

(n) Credit for Previous Actions 

This paragraph provides credit for the 

actions required by paragraphs (g) and (j) of 

this AD, if those actions were performed 

before the effective date of this AD using the 

service bulletins identified in paragraph 

(n)(1) or (n)(2) of this AD. 

(1) Bombardier Service Bulletin 8–27–100, 

dated October 10, 2008 (for paragraph (g) of 

this AD). 

(2) Bombardier Service Bulletin 84–27–21, 

dated October 10, 2008 (for paragraph (j) of 

this AD). 

(o) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, New York Aircraft 

Certification Office (ACO), ANE–170, 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 ACO, send it to ATTN: 

Program Manager, Continuing Operational 

Safety, FAA, New York ACO, 1600 Stewart 

Avenue, Suite 410, Westbury, New York 

11590; telephone 516–228–7300; fax 516– 

794–5531. 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. 

(p) Related Information 

Refer to MCAI Canadian AD CF–2011–31, 

dated August 15, 2011, and the Bombardier 

service bulletins identified in paragraphs 

(p)(1) through (p)(6) of this AD, for related 

information. 

(1) Bombardier Service Bulletin 8–27–99, 

dated October 10, 2008. 

(2) Bombardier Service Bulletin 8–27–100, 

Revision A, dated March 22, 2011. 

(3) Bombardier Service Bulletin 8–32–156, 

dated February 26, 2010. 

(4) Bombardier Service Bulletin 84–27–21, 

Revision A, dated March 22, 2011. 

(5) Bombardier Service Bulletin 84–32–28, 

dated November 27, 2008. 

(6) Bombardier Service Bulletin 84–32–75, 

dated June 1, 2010. 

Issued in Renton, Washington, on April 24, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–10483 Filed 4–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0423; Directorate 

Identifier 2011–NM–095–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to supersede two 

existing airworthiness directives (AD) 

that apply to all Empresa Brasileira de 

Aeronautica S.A. (EMBRAER) Model 

ERJ 170 and ERJ 190 airplanes. The 

existing ADs currently require revising 

the airplane flight manual (AFM) to 

introduce limitations for the use of 

auxiliary power unit (APU) bleed and to 

prohibit dispatch with a failed air 

management system (AMS) controller 

card. Since we issued those ADs, we 

have determined that replacing the 

controller processor modular cards of 

the AMS is necessary. This proposed 

AD would add a requirement for 

replacing the AMS controller processor 

module with one containing new 

software, and would require a new AFM 

revision. We are proposing this AD to 

prevent the possibility of a right-hand 

(RH) engine compressor stall after the 

APU becomes the active bleed source 

for the left side, which may result in an 

engine failure; and to prevent the 

intermittent communication failure 

between the AMS controller cards and 

both secondary power distribution 

assemblies (SPDAs), which could lead 

to the loss of automatic activation of the 

engine inlet ice protection system when 

flying in icing conditions, which could 

result in ice accretion in the engine inlet 

and subsequent dual engine failure. 

DATES: We must receive comments on 

this proposed AD by June 15, 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. 

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 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. 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 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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: 425– 

227–2768; fax: 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 25645 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2012–0423; Directorate Identifier 

2011–NM–095–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 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 proposed AD. 

Discussion 

On March 16, 2010, we issued AD 

2010–07–04, Amendment 39–16248 (75 

FR 14333, March 25, 2010), and on 

August 13, 2010, we issued AD 2010– 

18–01, Amendment 39–16414 (75 FR 

52238, August 25, 2010). Those ADs 

required actions intended to address an 

unsafe condition on EMBRAER Model 

ERJ 170 and ERJ 190 airplanes. 

Since we issued AD 2010–07–04, 

Amendment 39–16248 (75 FR 14333, 

March 25, 2010) and AD 2010–18–01, 

Amendment 39–16414 (75 FR 52238, 

August 25, 2010), the Ageˆncia Nacional 

de Aviac ̧a ̃o Civil (ANAC), which is the 

aviation authority for Brazil, has issued 

Brazilian ADs 2011–05–01 and 2011– 

05–02, both dated May 9, 2011 (referred 

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

an unsafe condition for the specified 

products. The MCAI states: 

This [ANAC] AD results from the 

possibility of loss of automatic activation of 

the engine inlet ice protection system when 

flying in ice condition. Even though the 

failure is announced by the caution messages 

‘‘A–I Eng 1 Fail’’ [and] ‘‘A–I Eng 2 Fail’’, if 

the engines inlet ice protection system is not 

manually activated, ice may accrete in the 

engine inlet and causes engine to shut down. 

Also there is the possibility of right hand 

(RH) engine compressor to stall after the 

Auxiliary Power Unit (APU) becomes the 

active bleed source for the left side, following 

left hand (LH) engine failure, under a 

condition where both engines are close to 

idle, the APU is running, and the APU bleed 

button is pushed in (automatic position). 

The required action includes 

replacing the AMS controller processor 

module with one containing new 

software and revising the Limitations 

section of the AFM. You may obtain 

further information by examining the 

MCAI in the AD docket. 

Relevant Service Information 

EMBRAER has issued Service Bulletin 

170–21–0049, dated November 29, 2010 

(for Model ERJ 170 airplanes); Service 

Bulletin 190–21–0035, dated November 

29, 2010 (for Model ERJ 190 airplanes); 

and Service Bulletin 190LIN–21–0016, 

dated February 23, 2011 (for Model ERJ 

190–100 ECJ 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 253 products of U.S. 

registry. 

The actions that are required by AD 

2010–07–04, Amendment 39–16248 (75 

FR 14333, March 25, 2010), and AD 

2010–18–01, Amendment 39–16414 (75 

FR 52238, August 25, 2010), that are 

retained in this proposed AD take about 

1 work-hour per product, at an average 

labor rate of $85 per work hour. Based 

on these figures, the estimated cost of 

the currently required actions is $85 per 

product. 

We estimate that it would take about 

1 work-hour per product to comply with 

the new basic requirements of this 

proposed AD. The average labor rate is 

$85 per work-hour. Required parts 

would cost about $35 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 $30,360, or $120 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 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. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–16248 (75 FR 

14333, March 25, 2010) and 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

25646 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Proposed Rules 

Amendment 39–16414 (75 FR 52238, 

August 25, 2010), and adding the 

following new AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2012– 

0423; Directorate Identifier 2011–NM– 

095–AD. 

(a) Comments Due Date 

We must receive comments by June 15, 

2012. 

(b) Affected ADs 

This AD supersedes AD 2010–07–04, 

Amendment 39–16248 (75 FR 14333, March 

25, 2010); and AD 2010–18–01, Amendment 

39–16414 (75 FR 52238, August 25, 2010). 

(c) Applicability 

This AD applies to Empresa Brasileira de 

Aeronautica S.A. (EMBRAER) Model ERJ 

170–100 LR, –100 STD, –100 SE, and –100 

SU airplanes; Model ERJ 170–200 LR, –200 

SU, and –200 STD airplanes; Model ERJ 190– 

100 STD, –100 LR, –100 ECJ, and –100 IGW 

airplanes; and Model ERJ 190–200 STD, –200 

LR, and –200 IGW airplanes; certificated in 

any category; all serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 21: Air Conditioning. 

(e) Reason 

This AD was prompted by reports of the 

possible loss of automatic activation of the 

engine inlet ice protection system. We are 

issuing this AD to prevent the possibility of 

a right-hand (RH) engine compressor stall 

after the auxiliary power unit (APU) becomes 

the active bleed source for the left side, 

which may result in an engine failure; and 

to prevent the intermittent communication 

failure between the air management system 

(AMS) controller cards and both secondary 

power distribution assemblies (SPDAs) 

which could lead to the loss of automatic 

activation of the engine inlet ice protection 

system when flying in icing conditions, 

which could result in ice accretion in the 

engine inlet and subsequent dual engine 

failure. 

(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– 

07–04, Amendment 39–16248 (75 FR 14333, 

March 25, 2010): Revise Limitations Section 

of Airplane Flight Manual (AFM) 

For airplanes equipped with AMS 

controller cards having part number (P/N) 

1001050–1–YYY or 1001050–2–YYY 

containing software version Black Label 08 or 

lower installed: Within 10 days after April 9, 

2010, (the effective date of AD 2010–07–04, 

Amendment 39–16248 (75 FR 14333, March 

25, 2010)), revise the Limitations section of 

the AFM to include the following statement. 

This may be done by inserting a copy of this 

AD in the AFM. Doing the actions required 

by paragraph (i) of this AD terminates the 

requirements of this paragraph. 

Dispatch with the message ‘RECIRC SMK 

DET FAIL’ displayed on the ground is 

prohibited unless troubleshooting action 

confirms the message has not been triggered 

due to a failure of an AMS controller card. 

Note 1 to paragraph (g) of this AD: When 

a statement identical to that in paragraph (g) 

of this AD has been included in the general 

revisions of the AFM, the general revisions 

may be inserted into the AFM, and the copy 

of this AD may be removed from the AFM. 

(h) Restatement of Requirements of AD 

2010–18–01, Amendment 39–16414 (75 FR 

52238, August 25, 2010): Revise Limitations 

Section of AFM 

For all airplanes: Within 14 days after 

September 9, 2010, (the effective date of AD 

2010–18–01, Amendment 39–16414 (75 FR 

52238, August 25, 2010)), revise the 

Limitations section of the applicable AFM to 

include the information in EMBRAER 

Operational Bulletin 170–001/09, Revision 1, 

dated February 10, 2010, as specified in the 

operational bulletin. This operational 

bulletin introduces limitations for the use of 

APU bleed. Doing the actions required by 

paragraph (i) of this AD terminates the 

requirements of this paragraph. 

Note 2 to paragraph (h) of this AD: This 

may be done by inserting a copy of 

EMBRAER Operational Bulletin 170–001/09, 

Revision 1, dated February 10, 2010, into the 

AFM. When this operational bulletin has 

been included in general revisions of the 

AFM, the general revisions may be inserted 

in the AFM, provided the relevant 

information in the general revision is 

identical to that in the operational bulletin, 

and the operational bulletin can be removed. 

(i) New Requirement of This AD: Load 

Software or Replace AMS Controller Module 

Within 3,300 flight hours after the effective 

date of this AD: Replace existing Hamilton 

Sundstrand AMS controller processor 

modules (slots 18 and 25) P/N 1001050–1– 

YYY, 1001050–2–YYY, 1001050–3–YYY, or 

1001050–4–YYY, with a new or serviceable 

AMS controller processor module containing 

software version Black Label—11, or later 

approved version of the software, in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–21–0049, dated November 29, 2010 (for 

Model ERJ 170 airplanes); EMBRAER Service 

Bulletin 190–21–0035, dated November 29, 

2010 (for Model ERJ 190 airplanes); or 

EMBRAER Service Bulletin 190LIN–21–0016, 

dated February 23, 2011 (for Model ERJ 190– 

100 ECJ airplanes). 

(j) Definition 

For purposes of this AD, ‘‘later approved 

version of the software,’’ is defined as 

software having Design Approval Holder 

(DAH) design changes that have been 

approved after the publication of EMBRAER 

Service Bulletin 170–21–0049, dated 

November 29, 2010 (for Model ERJ 170 

airplanes); EMBRAER Service Bulletin 190– 

21–0035, dated November 29, 2010 (for 

Model ERJ 190 airplanes); and EMBRAER 

Service Bulletin 190LIN–21–0016, dated 

February 23, 2011 (for Model ERJ 190–100 

ECJ airplanes). 

(k) New Requirement of This AD: Revise 

Limitations Section of AFM 

After doing the actions required by 

paragraph (i) of this AD, before further flight, 

revise the Limitation Section of the 

applicable AFM by removing the limitation 

required by paragraph (g) and the revision 

required by paragraph (h) of this AD. 

(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, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, Washington 98057– 

3356; phone: 425–227–2768; fax: 425–227– 

1149. Information may be emailed to: 9-ANM

-116-AMOC-REQUESTS@faa.gov. Before 

using any approved AMOC, notify your 

appropriate principal inspector, or lacking a 

principal inspector, the manager of the local 

flight standards district office/certificate 

holding district office. The AMOC approval 

letter must specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(m) Related Information 

Refer to MCAI Brazilian ADs 2011–05–01 

and AD 2011–05–02, both dated May 9, 2011; 

and the service information specified in 

paragraphs (m)(1), (m)(2), and (m)(3) of this 

AD; for related information. 

(1) EMBRAER Service Bulletin 170–21– 

0049, dated November 29, 2010. 

(2) EMBRAER Service Bulletin 190–21– 

0035, dated November 29, 2010. 

(3) EMBRAER Service Bulletin 190LIN–21– 

0016, dated February 23, 2011. 

Dated: Issued in Renton, Washington, on 

April 23, 2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–10485 Filed 4–30–12; 8:45 am] 

BILLING CODE 4910–13–P 

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