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[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Rules and Regulations]
[Pages 58761-58762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23277]

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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.

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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 work-hours 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.

[[Page 58762]]

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

0
1. The authority citation for part 39 continues to read as follows:

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  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 S[atilde]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/ibr-locations.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
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