Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer)

[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Rules and Regulations]
[Pages 51074-51077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19683]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0234; Directorate Identifier 2013-NM-220-AD; 
Amendment 39-17952; AD 2014-16-28 ]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(Embraer)

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) for certain 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ 
airplanes. This AD was prompted by reports of failure of the bolts that 
connect the cockpit windshield center-post to the forward fuselage. 
This AD requires repetitive detailed inspections to detect 
discrepancies on the attaching parts of the cockpit windshield center-
post; checking whether the bolts are tightened, if applicable; and 
modifying parts, including inspecting for and repairing damage. We are 
issuing this AD to prevent failed bolts and failed attaching parts of 
the cockpit windshield center-post, which could lead to loss of 
structural integrity of the airplane.

DATES: This AD becomes effective October 1, 2014.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 1, 
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov#!docketDetail;D=FAA-2014-0234 or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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 [email protected]; 
Internet http://www.flyembraer.com. You may view this 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.

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 by adding an AD that would apply to certain Empresa Brasileira 
de Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes. The NPRM 
published in the Federal Register on April 15, 2014 (79 FR 21160).
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2013-10-02, dated October 23, 2013 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition certain Empresa 
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes. The 
MCAI states:

    This [Brazilian] AD was prompted by reports of failure of the 
bolts that connect the lower eyelet fitting of the cockpit 
windshield center-post to the forward fuselage. We are issuing this 
[Brazilian] AD to detect failed bolts and correct the attaching 
parts of the lower eyelet fitting of the cockpit windshield center-
post, which could lead to loss of structural integrity of the 
airplane.

    Required actions include repetitive detailed inspections for 
discrepancies on the attaching parts of the lower eyelet fitting of the 
cockpit windshield center-post; a bolt check, if applicable; and 
modification of the attaching parts of the lower eyelet fitting of the 
cockpit windshield center-post, including a general visual inspection 
for damage of the specified lower eyelet fitting and repair of the 
damage. The modification would terminate the repetitive detailed 
inspections. You may examine the MCAI in the AD docket on the Internet 
at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0234-0002.

[[Page 51075]]

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 21160, April 15, 
2014) or on the determination of the cost to the public.

``Contacting the Manufacturer'' Paragraph in This AD

    Since late 2006, we have included a standard paragraph titled 
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD 
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often 
directs the owner/operator to contact the manufacturer for corrective 
actions, such as a repair. Briefly, the Airworthy Product paragraph 
allowed owners/operators to use corrective actions provided by the 
manufacturer if those actions were FAA-approved. In addition, the 
paragraph stated that any actions approved by the State of Design 
Authority (or its delegated agent) are considered to be FAA-approved.
    In the NPRM (79 FR 21160, April 15, 2014), we proposed to prevent 
the use of repairs that were not specifically developed to correct the 
unsafe condition, by requiring that the repair approval provided by the 
State of Design Authority or its delegated agent specifically refer to 
this FAA AD. This change was intended to clarify the method of 
compliance and to provide operators with better visibility of repairs 
that are specifically developed and approved to correct the unsafe 
condition. In addition, we proposed to change the phrase ``its 
delegated agent'' to include a design approval holder (DAH) with State 
of Design Authority design organization approval (DOA), as applicable, 
to refer to a DAH authorized to approve required repairs for the 
proposed AD.
    No comments were provided to the NPRM (79 FR 21160, April 15, 2014) 
about these proposed changes. However, a comment was provided for an 
NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285, 
December 26, 2013). The commenter stated the following: ``The proposed 
wording, being specific to repairs, eliminates the interpretation that 
Airbus messages are acceptable for approving minor deviations 
(corrective actions) needed during accomplishment of an AD mandated 
Airbus service bulletin.''
    This comment has made the FAA aware that some operators have 
misunderstood or misinterpreted the Airworthy Product paragraph to 
allow the owner/operator to use messages provided by the manufacturer 
as approval of deviations during the accomplishment of an AD-mandated 
action. The Airworthy Product paragraph does not approve messages or 
other information provided by the manufacturer for deviations to the 
requirements of the AD-mandated actions. The Airworthy Product 
paragraph only addresses the requirement to contact the manufacturer 
for corrective actions for the identified unsafe condition and does not 
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request 
the approval for an alternative method of compliance to the AD-required 
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the 
Airworthy Product paragraph, we have changed that paragraph and 
retitled it ``Contacting the Manufacturer.'' This paragraph now 
clarifies that for any requirement in this AD to obtain corrective 
actions from a manufacturer, the action must be accomplished using a 
method approved by the FAA, ANAC, or ANAC's authorized Designee.
    The Contacting the Manufacturer paragraph also clarifies that, if 
approved by the ANAC Designee, the approval must include the Designee's 
authorized signature. The Designee signature indicates that the data 
and information contained in the document are ANAC-approved, which is 
also FAA-approved. Messages and other information provided by the 
manufacturer that do not contain the ANAC Designee's authorized 
signature approval are not ANAC-approved, unless ANAC directly approves 
the manufacturer's message or other information.
    This clarification does not remove flexibility previously afforded 
by the Airworthy Product paragraph. Consistent with long-standing FAA 
policy, such flexibility was never intended for required actions. This 
is also consistent with the recommendation of the Airworthiness 
Directive Implementation Aviation Rulemaking Committee to increase 
flexibility in complying with ADs by identifying those actions in 
manufacturers' service instructions that are ``Required for 
Compliance'' with ADs. We continue to work with manufacturers to 
implement this recommendation. But once we determine that an action is 
required, any deviation from the requirement must be approved as an 
alternative method of compliance.
    Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases 
the foreign manufacturer's service bulletin and the foreign authority's 
MCAI might have been issued some time before the FAA AD. Therefore, the 
DOA might have provided U.S. operators with an approved repair, 
developed with full awareness of the unsafe condition, before the FAA 
AD is issued. Under these circumstances, to comply with the FAA AD, the 
operator would be required to go back to the manufacturer's DOA and 
obtain a new approval document, adding time and expense to the 
compliance process with no safety benefit.
    Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a 
requirement, the FAA will coordinate with affected DAHs and verify they 
are prepared to implement means to ensure that their repair approvals 
consider the unsafe condition addressed in this AD. Any such 
requirements will be adopted through the normal AD rulemaking process, 
including notice-and-comment procedures, when appropriate.
    We also have decided not to include a generic reference to either 
the ``delegated agent'' or ``DAH with State of Design Authority design 
organization approval,'' but instead we have provided the specific 
delegation approval granted by the State of Design Authority for the 
DAH throughout this AD.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD with the changes described 
previously and minor editorial changes. We have determined that these 
minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (79 FR 21160, April 15, 2014) for correcting the unsafe condition; 
and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 21160, April 15, 2014).
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

    We estimate that this AD affects 56 airplanes of U.S. registry.
    We also estimate that it would take about 35 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work hour. Required parts would cost about $386 per 
product. Based on these figures, we estimate the cost of

[[Page 51076]]

this AD on U.S. operators to be $188,216, or $3,361 per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this AD.

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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov#!docketDetail;D=FAA-2014-0234; 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 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.

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 airworthiness 
directive (AD):

2014-16-28 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-17952. Docket No. FAA-2014-0234; Directorate Identifier 
2013-NM-220-AD.

(a) Effective Date

    This AD becomes effective October 1, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Empresa Brasileira de Aeronautica S.A. 
(Embraer) Model EMB-135BJ airplanes, certificated in any category, 
as identified in Embraer Alert Service Bulletin 145LEG-53-A032, 
Revision 01, dated September 24, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of failure of the bolts that 
connect the cockpit windshield center-post to the forward fuselage. 
We are issuing this AD to prevent failed bolts and failed attaching 
parts of the cockpit windshield center-post, which could lead to 
loss of structural integrity of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Detailed Inspection

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD, do a detailed inspection to detect discrepancies on the 
attaching parts of the lower eyelet fitting of the cockpit 
windshield center-post and, if applicable, check whether the bolts 
are tightened, in accordance with Part I of the Accomplishment 
Instructions of Embraer Alert Service Bulletin 145LEG-53-A032, 
Revision 01, dated September 24, 2013. If any discrepancy is found 
or if any bolt is not tightened, do the actions specified in 
paragraph (h) of this AD before further flight. Repeat the detailed 
inspection thereafter at intervals not to exceed 50 flight cycles 
until the modification required by paragraph (h) of this AD is done.
    (1) For airplanes identified as Group 1 in Embraer Alert Service 
Bulletin 145LEG-53-A032, Revision 01, dated September 24, 2013, on 
which the actions of Embraer Service Bulletin 145LEG-53-0021, has 
been done: Do the detailed inspection within 3,000 flight cycles 
after accomplishment of the actions of Embraer Service Bulletin 
145LEG-53-0021, or within 50 flight cycles after the effective date 
of this AD, whichever occurs later.
    (2) For airplanes identified as Group 2 airplanes in Embraer 
Alert Service Bulletin 145LEG-53-A032, Revision 01, dated September 
24, 2013: Do the detailed inspection before the accumulation of 
3,000 total flight cycles, or within 50 flight cycles after the 
effective date of this AD, whichever occurs later.

(h) Modification

    Except as required by paragraph (g) of this AD, at the 
applicable time specified in paragraphs (h)(1) or (h)(2) of this AD, 
modify the attaching parts of the lower eyelet fitting of the 
cockpit windshield center-post, including a general visual 
inspection for any damage (cracks, dents, scratches) of the 
specified lower eyelet fitting, in accordance with Part II of the 
Accomplishment Instructions of Embraer Alert Service Bulletin 
145LEG-53-A032, Revision 01, dated September 24, 2013. If any damage 
is found during the general visual inspection, before further 
flight, repair using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC); or 
ANAC's authorized Designee. If approved by the ANAC Designee, the 
approval must include the Designee's authorized signature. 
Accomplishment of the modification terminates the repetitive 
inspections required by paragraph (g) of this AD.
    (1) For airplanes identified as Group 1 in Embraer Alert Service 
Bulletin 145LEG-53-A032, Revision 01, dated September 24, 2013, on 
which the actions specified in Embraer Service Bulletin 145LEG-53-
0021, has been done: Do the modification before the accumulation of 
3,000 flight cycles after doing the actions specified in Embraer 
Service Bulletin 145LEG-53-0021, or within 300 flight cycles after 
the effective date of this AD, whichever occurs later.
    (2) For airplanes identified as Group 2 in Embraer Alert Service 
Bulletin 145LEG-53-A032, Revision 01, dated September 24, 2013: Do 
the modification before the accumulation of 3,000 total flight 
cycles, or within 300 flight cycles after the effective date of this 
AD, whichever occurs later.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the

[[Page 51077]]

effective date of this AD using Embraer Alert Service Bulletin 
145LEG-53-A032, dated September 20, 2013, which is not incorporated 
by reference in this AD.

(j) 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: 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: [email protected]. 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or ANAC; or 
ANAC's authorized Designee. If approved by the ANAC Designee, the 
approval must include the Designee's authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2013-10-02, dated October 
23, 2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2014-0234-0002.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

(l) 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 this AD specifies otherwise.
    (i) Embraer Alert Service Bulletin 145LEG-53-A032, Revision 01, 
dated September 24, 2013.
    (ii) Reserved.
    (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 
[email protected]; Internet http://www.flyembraer.com.
    (4) You may view this 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 August 7, 2014.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-19683 Filed 8-26-14; 8:45 am]
BILLING CODE 4910-13-P

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