Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 44437 

(ii) Reserved. 

(3) For service information identified in 

this AD, contact Bell Helicopter Textron, 

Inc., P.O. Box 482, Fort Worth, TX 76101; 

telephone (817) 280–3391; fax (817) 280– 

6466; or at http://www.bellcustomer.com/ 

files/. 

(4) You may review the referenced service 

information at the FAA, Office of the 

Regional Counsel, Southwest Region, 2601 

Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(5) You may also review a copy 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 Fort Worth, Texas, on July 10, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–17607 Filed 7–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1251; Directorate 

Identifier 2011–NM–017–AD; Amendment 

39–17132; AD 2012–15–03] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Embraer S.A. Model ERJ 190 airplanes. 

This AD was prompted by a report of 

damage on the rod end of the retracting 

actuator rod of the main landing gear 

(MLG). This AD requires performing a 

one-time general visual inspection to 

determine if a certain part number is 

installed on the MLG retraction 

actuator; if necessary, performing a 

general visual inspection for 

discrepancies between the actuator rod 

end and shock strut lug of the MLG 

retraction actuator; and corrective 

actions if necessary. We are issuing this 

AD to detect and correct breakage of the 

MLG retracting actuator rod, which may 

result in MLG extension with no 

hydraulic damping and consequent 

damage to the locking mechanism and 

collapse of the MLG. 

DATES: This AD becomes effective 

September 4, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of September 4, 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: 

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 

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 November 28, 2011 (76 FR 

72855). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

It has been found the occurrence of damage 

on the rod end of the Main Landing Gear 

(MLG) retraction actuator. The ANAC 

[Ageˆncia Nacional de Aviac ̧a ̃o Civil] is 

issuing this AD to prevent breakage of the 

MLG retracting actuator rod, which may 

result in MLG extension with no hydraulic 

damping and consequent damage to the 

locking mechanism and collapse of the MLG. 

* * * * * 

Required actions include a one-time 

general visual inspection to determine if 

a certain part number is installed on the 

left-hand and right-hand MLG retraction 

actuator, and if necessary, a general 

visual inspection for discrepancies 

(such as cracks, damage, and movement) 

between the actuator rod end and shock 

strut lug of the MLG retraction actuator. 

The corrective actions include: If any 

discrepancy is found during any 

inspection, including any movement 

between the actuator rod-end and shock 

strut lug, replace the MLG retraction 

actuator, and as applicable, replace the 

anti-rotation pin and the attachment 

bolt with a new pin and bolt; replace the 

actuator with a new actuator having a 

certain part number, and modify the 

attachment points. 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 

considered the comments received. 

Request To Use Additional Service 

Bulletins 

EMBRAER requested that we revise 

the NPRM (76 FR 72855, November 28, 

2011) to include EMBRAER Service 

Bulletin 190LIN–32–0014, dated 

February 10, 2011 (for Model 190–100 

ECJ airplanes); and EMBRAER Service 

Bulletin 190LIN–32–0015, dated 

February 10, 2011 (for Model 190–100 

ECJ airplanes); as additional service 

information for the inspection and 

replacement of the MLG retraction 

actuator, bolt, and anti-rotation pin. 

We agree with EMBRAER’s request to 

add additional service information to 

this AD. EMBRAER Service Bulletin 

190LIN–32–0014, dated February 10, 

2011 (for Model 190–100 ECJ airplanes), 

provides procedures for doing the 

inspection; and EMBRAER Service 

Bulletin 190LIN–32–0015, dated 

February 10, 2011 (for Model 190–100 

ECJ airplanes, provides procedures for 

the replacement. The procedures to do 

the inspection and replacement are 

essentially the same as those specified 

in EMBRAER Service Bulletin 190–32– 

0036, dated October 4, 2010 (for Model 

ERJ 190 airplanes); and EMBRAER 

Service Bulletin 190–32–0037, dated 

October 6, 2010 (for Model ERJ 190 

airplanes). We have revised this AD 

accordingly. 

Request To Allow Flight After Damage 

Is Found 

EMBRAER requested that we revise 

the NPRM (76 FR 72855, November 28, 

2011) to allow further flight within 500 

flight cycles after any damage is found 

on the airplane. EMBRAER stated that 

EMBRAER Service Bulletin 190LIN–32– 

0014, dated February 10, 2011 (for 

Model 190–100 ECJ airplanes); 

EMBRAER Service Bulletin 190LIN–32– 

0015, dated February 10, 2011 (for 

Model 190–100 ECJ airplanes); and 

Brazilian Airworthiness Directive 2011– 

02–01, dated February 12, 2011; allows 

replacement of the MLG retraction 

actuator, the attachment bolt, and the 

anti-rotation pin within the next 500 

flight cycles if any discrepancy is found. 

EMBRAER stated that the NPRM 

requires that any discrepancy found be 

replaced before further flight. 

We disagree with EMBRAER’s request 

to allow further flight within 500 flight 

cycles after any damage is found on the 

airplane. Our policy requires repair of 

known cracks or damage before further 

flight (though we might make 


tkelley on DSK3SPTVN1PROD with RULES
44438 Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 

exceptions to this policy in certain cases 

of unusual need). This policy is based 

on the fact that such damaged airplanes 

do not conform to the FAA-certificated 

type design and, therefore, are not 

airworthy until a properly approved 

repair is made. 

We consider the compliance times in 

this AD adequate, allowing operators to 

acquire parts to have on hand in the 

event that any crack or damage is 

detected during inspection. Therefore, 

we have determined that, due to the 

safety implications and consequences 

associated with such cracking and 

damage, any subject MLG retraction 

actuator that is found to be cracked or 

damaged must be repaired or modified 

before further flight. We have not 

changed the final rule regarding this 

issue. 

Change in Product Identification 

We have revised the applicability of 

the existing NPRM (76 FR 72855, 

November 28, 2011) to identify model 

designations as published in the most 

recent type certificate data sheet for the 

affected models. 

Explanation of Redesignated Note 

We have redesignated Note 1 of the 

existing NPRM (76 FR 72855, November 

28, 2011) as paragraph (g)(3) of this AD, 

respectively. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously— 

except for minor editorial changes. We 

have determined that these changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

72855, November 28, 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 72855, 

November 28, 2011). 

Costs of Compliance 

We estimate that this AD will affect 

73 products of U.S. registry. We also 

estimate that it will take about 1 workhour per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Based on these figures, we estimate the 

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

be $6,205, or $85 per product. 

In addition, we estimate that any 

necessary follow-on actions would take 

about 6 work-hours and require parts 

costing $0, for a cost of $510 per 

product. We have no way of 

determining the number of products 

that may need these actions. 

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 (76 FR 72855, 

November 28, 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 adding 

the following new AD: 

2012–15–03 Embraer S.A.: Amendment 39– 

17132. Docket No. FAA–2011–1251; 

Directorate Identifier 2011–NM–017–AD. 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective September 4, 2012. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Embraer S.A. 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 32: Landing Gear. 

(e) Reason 

This AD was prompted by a report of 

damage on the rod end of the retracting 

actuator rod of the main landing gear (MLG). 

We are issuing this AD to detect and correct 

breakage of the MLG retracting actuator rod, 

which may result in MLG extension with no 

hydraulic damping and consequent damage 

to the locking mechanism and collapse of the 

MLG. 

(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) One-Time General Visual Inspection 

Within 30 days after the effective date of 

this AD, do a one-time general visual 

inspection to determine if part number (P/N) 

190–70980–403 is installed on the left-hand 

and right-hand MLG retraction actuator. A 

review of airplane maintenance records is 

acceptable in lieu of this inspection if the 

part number of the MLG retraction actuator 

can be conclusively determined from that 

review. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations 44439 

(1) No further action is required by 

paragraph (g) of this AD if no MLG retraction 

actuator having P/N 190–70980–403 is found. 

(2) If any MLG retraction actuator having 

P/N 190–70980–403 is found, do a GVI of the 

actuator and bolt (P/N 2821–0028) for 

discrepancies (such as cracks, damage, and 

movement between the actuator rod end and 

shock strut lug of the MLG retraction 

actuator), in accordance with ‘‘Part I’’ of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 190–32–0036, dated October 

4, 2010 (for all Model ERJ 190 airplanes); or 

EMBRAER Service Bulletin 190LIN–32–0014, 

dated February 10, 2011 (for Model 190–100 

ECJ airplanes); within the applicable 

compliance time specified in paragraphs 

(g)(2)(i) and (g)(2)(ii) of this AD. Repeat the 

inspection, thereafter, at intervals not to 

exceed 3,500 flight cycles, until the actions 

required by paragraph (j) of this AD are done. 

(i) For any MLG retraction actuator that has 

accumulated fewer than 3,500 total flight 

cycles as the effective date of this AD, do the 

GVI of the actuator before the accumulation 

of 4,500 total flight cycles on the MLG 

retraction actuator. 

(ii) For any MLG retraction actuator that 

has accumulated 3,500 total flight cycles or 

more as of the effective date of this AD, do 

the GVI of the actuator within 1,000 flight 

cycles after the effective date of this AD. 

(3) For the purpose of this AD, a general 

visual inspection (GVI) is: ‘‘A visual 

examination of an interior or exterior area, 

installation or assembly to detect obvious 

damage, failure or irregularity. This level of 

inspection is made from within touching 

distance, unless otherwise specified. A 

mirror may be necessary to enhance visual 

access to all exposed surfaces in the 

inspection area. This level of inspection is 

made under normally available lighting 

conditions such as daylight, hangar lighting, 

flashlight or droplight, and may require 

removal or opening of access panels or doors. 

Stands, ladders or platforms may be required 

to gain proximity to the area being checked.’’ 

(h) Corrective Actions 

If any discrepancy is found during any 

inspection required by paragraph (g)(2) of 

this AD, including any movement between 

the actuator rod-end and shock strut lug: 

Before further flight, replace the MLG 

retraction actuator, and as applicable the 

anti-rotation pin and the attachment bolt, in 

accordance with ‘‘Part II’’ and ‘‘Part III,’’ as 

applicable, of the Accomplishment 

Instructions of EMBRAER Service Bulletin 

190–32–0036, dated October 4, 2010 (for all 

Model ERJ 190 airplanes), or EMBRAER 

Service Bulletin 190LIN–32–0014, dated 

February 10, 2011 (for Model 190–100 ECJ 

airplanes); except where EMBRAER Service 

Bulletin 190–32–0036, dated October 4, 2010 

(for all Model ERJ 190 airplanes), or 

EMBRAER Service Bulletin 190LIN–32–0014, 

dated February 10, 2011 (for Model 190–100 

ECJ airplanes), specifies to contact the 

manufacturer, before further flight repair, in 

accordance with a method approved by the 

Manager, International Branch, ANM–116, 

Transport Airplane Directorate, FAA, or 

Ageˆncia Nacional de Aviac ̧a ̃o Civil (or its 

delegated agent). 

(i) Replacement for MLG Retraction 

Actuator Having P/N 190–70980–403 

Before any MLG retraction actuator having 

P/N 190–70980–403 accumulates 12,000 total 

flight cycles or within 1,000 flight cycles 

after the effective date of this AD, whichever 

occurs later, replace the actuator with new a 

actuator having P/N 190–70980–405, and 

modify the attachment points, in accordance 

with ‘‘Part I’’ and ‘‘Part II,’’ as applicable, of 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 190–32–0037, 

dated October 6, 2010 (for all Model ERJ 190 

airplanes); or EMBRAER Service Bulletin 

190LIN–32–0015, dated February 10, 2011 

(for Model 190–100 ECJ airplanes). 

(j) Replacement for All Actuators 

For all actuators: Within 20,000 flight 

cycles or within 96 months after the effective 

date of this AD, whichever occurs first, do 

the replacement and modification, as 

applicable, in accordance with ‘‘Part III’’ of 

the Accomplishment Instructions of 

EMBRAER Service Bulletin 190–32–0037, 

dated October 6, 2010 (for all Model ERJ 190 

airplanes); or EMBRAER Service Bulletin 

190LIN–32–0015, dated February 10, 2011 

(for Model 190–100 ECJ airplanes). Doing the 

actions in this paragraph terminates the 

action for the requirements specified in 

paragraphs (g), (h), and (i) 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) 

227–1149. 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. 

(l) Related Information 

Refer to MCAI Brazilian Airworthiness 

Directive 2011–02–01, dated February 12, 

2011, and the service information in 

paragraph (l)(1) through (l)(4) of this AD; for 

related information. 

(1) EMBRAER Service Bulletin 190–32– 

0036, dated October 4, 2010. 

(2) EMBRAER Service Bulletin 190–32– 

0037, dated October 6, 2010. 

(3) EMBRAER Service Bulletin 190LIN–32– 

0014, dated February 10, 2011. 

(4) EMBRAER Service Bulletin 190LIN–32– 

0015, dated February 10, 2011. 

(m) Material Incorporated by Reference 

(1) 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. 

(2) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. 

(i) EMBRAER Service Bulletin 190–32– 

0036, dated October 4, 2010. 

(ii) EMBRAER Service Bulletin 190–32– 

0037, dated October 6, 2010. 

(iii) EMBRAER Service Bulletin 190LIN– 

32–0014, dated February 10, 2011. 

(iv) EMBRAER Service Bulletin 190LIN– 

32–0015, dated February 10, 2011. 

(3) For service information identified in 

this AD, contact Embraer S.A., 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, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(5) 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 July 13, 

2012. 

Michael Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–17957 Filed 7–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL AERONATICS AND SPACE 

ADMINISTRATION 

14 CFR Part 1275 

[Docket Number NASA–0031] 

RIN 2700–AD84 

Research Misconduct 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Direct final rule. 

SUMMARY: The NASA Research 

Misconduct rule describes procedures to 


tkelley on DSK3SPTVN1PROD with RULES