36224 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. 

(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 

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 

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 

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: 

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: 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Proposed Rules 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 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 

The Ageˆncia Nacional de Aviac ̧a ̃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. 

§ 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 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
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). 

(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. 

(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. 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 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of intent; request for 

comments or nominations. 

SUMMARY: 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: 

• 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 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS