72776 Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Proposed Rules 

Dated: April 25, 2012. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2012–29353 Filed 12–5–12; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1223; Directorate 

Identifier 2012–NM–154–AD] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Embraer S.A. Model ERJ 170 and ERJ 

190 airplanes. This proposed AD was 

prompted by reports of the cockpit door 

falling off the hinges when it is being 

open or closed. This proposed AD 

would require replacing the striker and 

quick-release pin of the passive lock of 

the cockpit door, and replacing the 

upper and lower hinges of the cockpit 

door. We are proposing this AD to 

prevent the cockpit door from falling off 

the hinges, which could cause injury to 

airplane occupants. 

DATES: We must receive comments on 

this proposed AD by January 22, 2013. 

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 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. You may review 

copies of the referenced 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. 

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, WA 

98057–3356; telephone (425) 227–2768; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

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–2012–1223; Directorate Identifier 

2012–NM–154–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 Directives 2012–08–02 

and 2012–08–03, both effective 

September 5, 2012 (referred to after this 

as ‘‘the MCAI’’), to correct an unsafe 

condition for the specified products. 

The MCAI states: 

This [ANAC] AD was prompted by reports 

of cockpit door falling off the hinges when 

it is being opened or closed. If not corrected, 

this condition may cause injury to the 

occupants. 

* * * * * 

Required actions include replacement of 

the passive lock striker, quick-release 

pin, and upper and lower hinges of the 

cockpit door. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

Embraer has issued the following 

service bulletins to correct the unsafe 

condition identified in the MCAI. The 

actions described in the following 

service information are intended to 

correct the unsafe condition identified 

in the MCAI. 

• EMBRAER Service Bulletin 170– 

52–0055, Revision 01, dated August 1, 

2011 (for Model ERJ 170 airplanes). 

• EMBRAER Service Bulletin 190– 

52–0038, Revision 01, dated August 1, 

2011 (for Model ERJ 190 airplanes 

except for Model ERJ 190–100 ECJ 

airplanes). 

• EMBRAER Service Bulletin 

190LIN–52–0020, dated August 1, 2011 

(for Model ERJ 190–100 ECJ airplanes). 

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. We also estimate that it would 

take about 6 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 $0 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 $129,030, or $510 per 

product. 


tkelley on DSK3SPTVN1PROD with 
Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Proposed Rules 72777 

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: 

Embraer S.A.: Docket No. FAA–2012–1223; 

Directorate Identifier 2012–NM–154–AD. 

(a) Comments Due Date 

We must receive comments by January 22, 

2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the airplanes identified 

in paragraphs (c)(1) and (c)(2) of this AD. 

(1) Embraer S.A. 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; as identified in EMBRAER Service 

Bulletin 170–52–0055, Revision 01, dated 

August 1, 2011. 

(2) 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; as identified in EMBRAER Service 

Bulletin 190–52–0038, Revision 01, dated 

August 1, 2011; and EMBRAER Service 

Bulletin 190LIN–52–0020, dated August 1, 

2011. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 52, Doors. 

(e) Reason 

This AD was prompted by reports of the 

cockpit door falling off the hinges when it is 

being open or closed. We are proposing this 

AD to prevent the cockpit door from falling 

off the hinges, which could cause injury to 

airplane occupants. 

(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) Required Actions and Compliance Time 

Within 1,500 flight hours after the effective 

date of this AD, do the actions specified in 

paragraphs (g)(1) and (g)(2) of this AD. 

(1) Replace the striker and quick-release 

pin of the passive lock of the cockpit door, 

in accordance with Part I of the 

Accomplishment Instructions of the 

applicable service bulletin specified in 

paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of 

this AD. 

(i) EMBRAER Service Bulletin 170–52– 

0055, Revision 01, dated August 1, 2011 (for 

Model ERJ 170 airplanes). 

(ii) EMBRAER Service Bulletin 190–52– 

0038, Revision 01, dated August 1, 2011 (for 

Model ERJ 190 airplanes except for Model 

ERJ 190–100 ECJ airplanes). 

(iii) EMBRAER Service Bulletin 190LIN– 

52–0020, dated August 1, 2011 (for Model 

ERJ 190–100 ECJ airplanes). 

(2) Replace the cockpit door upper and 

lower hinges in accordance with Part III of 

the Accomplishment Instructions of the 

applicable service bulletin specified in 

paragraph (g)(2)(i), (g)(2)(ii), or (g)(2)(iii) of 

this AD. 

(i) EMBRAER Service Bulletin 170–52– 

0055, Revision 01, dated August 1, 2011 (for 

Model ERJ 170 airplanes). 

(ii) EMBRAER Service Bulletin 190–52– 

0038, Revision 01, dated August 1, 2011 (for 

Model ERJ 190 airplanes except for Model 

ERJ 190–100 ECJ airplanes). 

(iii) EMBRAER Service Bulletin 190LIN– 

52–0020, dated August 1, 2011 (for Model 

ERJ 190–100 ECJ airplanes). 

(h) Credit for Previous Actions 

This paragraph provides credit for actions 

required by paragraph (g)(1) of this AD, if 

those actions were performed before the 

effective date of this AD using EMBRAER 

Service Bulletin 170–52–0055, dated 

February 10, 2011 (for Model ERJ 170 

airplanes); or EMBRAER Service Bulletin 

190–52–0038, dated February 10, 2011 (for 

Model ERJ 190 airplanes except for Model 

ERJ 190–100 ECJ airplanes); which are not 

incorporated by reference in this AD. 

(i) 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, WA 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. 

(j) Related Information 

(1) Refer to MCAI Brazilian Airworthiness 

Directives 2012–08–02 and 2012–08–03, both 

effective September 5, 2012, and the service 

bulletins identified in paragraphs (j)(1)(i), 

(j)(1)(ii), and (j)(1)(iii) of this AD, for related 

information. 


tkelley on DSK3SPTVN1PROD with 
72778 Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Proposed Rules 

(i) EMBRAER Service Bulletin 170–52– 

0055, Revision 01, dated August 1, 2011. 

(ii) EMBRAER Service Bulletin 190–52– 

0038, Revision 01, dated August 1, 2011. 

(iii) EMBRAER Service Bulletin 190LIN– 

52–0020, dated August 1, 2011. 

(2) 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. You may review copies 

of the referenced 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. 

Issued in Renton, Washington, on 

November 29, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–29460 Filed 12–5–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0880; Directorate 

Identifier 2012–CE–004–AD] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain Cessna Aircraft Company 

(Cessna) Model 525 airplanes equipped 

with certain part number (P/N) air 

conditioning (A/C) compressor motors. 

That NPRM proposed to require 

inspection of the number of hours on 

the A/C compressor hour meter, 

inspection of the logbook, and 

replacement of the brushes on certain P/ 

N A/C compressor motors or 

deactivation of the A/C system until 

replacement of the brushes and also 

require reporting of aircraft information 

related to the replacement of the 

brushes. That NPRM was prompted by 

reports of smoke and/or fire in the 

tailcone caused by brushes wearing 

beyond their limits on the A/C motor. 

This action revises that NPRM by 

providing correct steps for deactivation 

of the A/C compressor motor. We are 

proposing this supplemental NPRM to 

correct the unsafe condition on these 

products. Since these actions impose an 

additional burden over that proposed in 

the NPRM, we are reopening the 

comment period to allow the public the 

chance to comment on these proposed 

changes. 

DATES: We must receive comments on 

this supplemental NPRM by January 22, 

2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, 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 20590, 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 Management Facility 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 Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Christine Abraham, Aerospace Engineer, 

Wichita Aircraft Certification Office, 

FAA, 1801 Airport Road, Room 100, 

Wichita, Kansas 67209; phone: (316) 

946–4165; fax: (316) 946–4107; email: 

WICHITA-COS@FAA.GOV. 

SUPPLEMENTARY INFORMATION: 

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–2012–0880; Directorate Identifier 

2012–CE–004–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 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 proposed AD. 

Discussion 

We issued an NPRM to amend 14 CFR 

part 39 to include an AD that would 

apply to certain Cessna Airplane 

Company Model 525 airplanes equipped 

with certain P/N A/C compressor 

motors. That NPRM published in the 

Federal Register on August 22, 2012 (77 

FR 50644). That NPRM proposed to 

require inspection of the number of 

hours on the A/C compressor hour 

meter, inspection of the logbook, and 

replacement of the brushes on certain P/ 

N A/C compressor motors or 

deactivation of the A/C system until 

replacement of the brushes and also 

require reporting of aircraft information 

related to the replacement of the 

brushes. 

Actions Since Previous NPRM Was 

Issued 

Since we issued the previous NPRM 

(77 FR 50644, August 22, 2012), we 

identified revised steps for deactivation 

of the A/C compressor motor. 

Comments 

We gave the public the opportunity to 

comment on the previous NPRM (77 FR 

50644, August 22, 2012). The following 

presents the comments received on the 

NPRM and the FAA’s response to each 

comment. 

Request Task State Current 

Maintenance Manual Revision or 

Following Revision 23 or Greater 

Timothy Garroutte requested the FAA 

state current manual revision or 

following revision 23 or greater instead 

of using a specific revision of the 

maintenance manual. Garroutte 

reasoned that using an exact manual 

revision number and date in the AD will 

cause issues in the future because the 

manual will be revised again with a new 

date. If a specific revision is identified 

in the AD, the airplane mechanic will 

need to call Cessna Aircraft Company or 

the FAA to figure out what to do once 

the manual gets a revision higher than 

23. 

We disagree with the request to state 

current manual revision or following 

revision 23 or greater. The 

Airworthiness Directives Manual, FAA– 


tkelley on DSK3SPTVN1PROD with