[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Rules and Regulations]
[Pages 66258-66261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26323]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0868; Directorate Identifier 2013-NM-194-AD; 
Amendment 39-17650; AD 2013-22-18]
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; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135ER, -
135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, 
-145LR, -145XR, -145MP, and -145EP airplanes. This AD requires 
repetitive detailed inspections to detect discrepancies on the 
attaching parts of the lower eyelet fitting of the cockpit windshield 
center-post, and, if no discrepancy is found, a check to make sure the 
bolts are tight, and replacement of the attaching parts if necessary. 
This AD also provides an option to accomplish the replacement of the 
attaching parts, which terminates the repetitive inspections. This 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 AD to detect and correct failed bolts and 
attaching parts of the lower eyelet fitting of the cockpit windshield 
center-post, which could lead to loss of structural integrity of the 
airplane.

DATES: This AD becomes effective November 20, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of November 20, 
2013.
    We must receive comments on this AD by December 20, 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 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 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 AD, the Mandatory Continuing 
Airworthiness Information (MCAI), 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, WA 98057-3356; telephone 425-227-1175; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION: 

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Emergency Airworthiness Directive 2013-10-01, effective October 3, 2013 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    This [Brazilian] EAD [emergency 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 EAD 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.


[[Page 66259]]


Required actions include repetitive detailed inspections to detect 
discrepancies on the attaching parts of the lower eyelet fitting of the 
cockpit windshield center-post, and if no discrepancy is found, a check 
to make sure the bolts are tight, and replacement of the attaching 
parts if necessary. This AD also provides an option to replace the 
attaching parts, which terminates the repetitive inspections. The 
replacement includes doing a general visual inspection for damage on 
the eyelet fitting if any discrepancy is found in any bolts and repair 
if necessary. You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0868.

Relevant Service Information

    Embraer has issued Service Bulletin 145-53-0082, dated October 18, 
2013. 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 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    In many FAA transport ADs, when the service information specifies 
to contact the manufacturer for further instructions if certain 
discrepancies are found, we typically include in the AD a requirement 
to accomplish the action using a method approved by either the FAA or 
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries 
do not allow such delegation of authority, but some countries do 
recognize design approval organizations. In addition, we have become 
aware that some U.S. operators have used repair instructions that were 
previously approved by a State of Design Authority or a Design Approval 
Holder (DAH) as a method of compliance with this provision in FAA ADs. 
Frequently, in these cases, the previously approved repair instructions 
come from the airplane structural repair manual or the DAH repair 
approval statements that were not specifically developed to address the 
unsafe condition corrected by the AD. Using repair instructions that 
were not specifically approved for a particular AD creates the 
potential for doing repairs that were not developed to address the 
unsafe condition identified by the MCAI AD, the FAA AD, or the 
applicable service information, which could result in the unsafe 
condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed 
to correct the unsafe condition, this AD requires that the repair 
approval specifically refer to this FAA AD. This change is 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 use the phrase ``its 
delegated agent, or by the DAH with State of Design Authority design 
organization approval, as applicable'' in this AD to refer to an DAH 
authorized to approve required repairs for this AD.

Differences Between This AD and the MCAI or Service Information

    The MCAI includes a requirement to replace the attaching parts of 
the lower eyelet fitting of the cockpit windshield center-post within 
6,000 flight cycles. However, the planned compliance time for the 
replacement would allow enough time to provide notice and opportunity 
for prior public comment on the merits of the replacement. Therefore, 
we have included that action as an optional action in paragraph (i) of 
this AD, which will terminate the inspections required by this AD. We 
might propose further rulemaking to require the replacement.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because 
failed bolts and attaching parts of the lower eyelet fitting of the 
cockpit windshield center-post could lead to loss of structural 
integrity of the airplane. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2013-0868; Directorate 
Identifier 2013-NM-194-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    We estimate that this AD affects 624 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                    Labor cost         Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspections/Checks..............  3 work-hours x $85               $0   $255 per inspection  $159,120 per
                                   per hour = $255                       cycle.               inspection cycle.
                                   per inspection
                                   cycle.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the inspections/checks. 
We have no way of determining the number of aircraft that might need 
these replacements:

[[Page 66260]]



                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement..................................  34 work-hours x $85 per hour =             $386           $3,276
                                                $2,890.
----------------------------------------------------------------------------------------------------------------

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.

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):

2013-22-18 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-17650. Docket No. FAA-2013-0868; Directorate Identifier 
2013-NM-194-AD.

(a) Effective Date

    This AD becomes effective November 20, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135ER, -135KE, -135KL, and -135LR airplanes, and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes, certificated in any category, as identified in EMBRAER 
Service Bulletin 145-53-0082, dated October 18, 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 lower eyelet fitting of the cockpit windshield center-
post to the forward fuselage. We are issuing this AD to detect and 
correct failed bolts and attaching parts of the lower eyelet fitting 
of the cockpit windshield center-post, which could lead to loss of 
structural integrity of the airplane.

(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) Repetitive Inspections

    (1) For Group 1 airplanes, as identified in EMBRAER Service 
Bulletin 145-53-0082, dated October 18, 2013: At the applicable 
compliance time specified in paragraph (g)(1)(i), (g)(1)(ii), 
(g)(1)(iii), or (g)(1)(iv) 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 no discrepancy 
is found, before further flight, do a check to make sure the bolts 
are tight, in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-53-0082, dated October 18, 2013. Repeat 
the actions required by this paragraph thereafter at intervals not 
to exceed 500 flight cycles until the accomplishment of the 
replacement required by paragraph (h) of this AD or the optional 
terminating action specified in paragraph (i) of this AD.
    (i) For airplanes with 11,000 total flight cycles or more as of 
the effective date of this AD: Do the inspection within 50 flight 
cycles after the effective date of this AD.
    (ii) For airplanes with 10,000 total flight cycles or more but 
fewer than 11,000 total flight cycles as of the effective date of 
this AD: Do the inspection before the accumulation of 11,050 total 
flight cycles, or within 150 flight cycles after the effective date 
of this AD, whichever occurs first.
    (iii) For airplanes with 7,500 total flight cycles or more but 
fewer than 10,000 total flight cycles as of the effective date of 
this AD: Do the inspection before the accumulation of 10,150 total 
flight cycles, or within 500 flight cycles after the effective date 
of this AD, whichever occurs first.
    (iv) For airplanes with fewer than 7,500 total flight cycles as 
of the effective date of this AD: Do the inspection before the 
accumulation of 8,000 total flight cycles, or within 5,000 flight 
cycles after the effective date of this AD, whichever occurs first.
    (2) For Group 2 airplanes, as identified in EMBRAER Service 
Bulletin 145-53-0082, dated October 18, 2013 (airplanes on which the 
actions specified in EMBRAER Service Bulletin 145-53-0058, dated 
December 23, 2004; or Revision 01, dated March 30, 2007; have been 
done): At the applicable compliance time specified in paragraph 
(g)(2)(i), (g)(2)(ii), (g)(2)(iii), or (g)(2)(iv) 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 no discrepancy is found, before further flight, do a check to 
make sure the bolts are tight, in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-53-0082, dated October 
18, 2013. Repeat the actions required by this paragraph thereafter 
at intervals not to exceed 500 flight cycles until the 
accomplishment of the requirements of paragraph (h) of this AD or 
the optional terminating action specified in paragraph (i) of this 
AD.
    (i) For airplanes that, as of the effective date of this AD, 
have accumulated 11,000 flight cycles or more since the 
incorporation of the actions specified in EMBRAER Service Bulletin 
145-53-0058: Do the inspection

[[Page 66261]]

within 50 flight cycles after the effective date of this AD.
    (ii) For airplanes that, as of the effective date of this AD, 
have accumulated 10,000 flight cycles or more but fewer than 11,000 
flight cycles since the incorporation of the actions specified in 
EMBRAER Service Bulletin 145-53-0058: Do the inspection within 
11,050 flight cycles after the incorporation of the actions 
specified in EMBRAER Service Bulletin 145-53-0058, or within 150 
flight cycles after the effective date of this AD, whichever occurs 
first.
    (iii) For airplanes that, as of the effective date of this AD, 
have accumulated 7,500 flight cycles or more but fewer than 10,000 
flight cycles since the incorporation of the actions specified in 
EMBRAER Service Bulletin 145-53-0058: Do the inspection within 
10,150 flight cycles after the incorporation of the actions 
specified in EMBRAER Service Bulletin 145-53-0058, or within 500 
flight cycles after the effective date of this AD, whichever occurs 
first.
    (iv) For airplanes that, as of the effective date of this AD, 
accumulated fewer than 7,500 flight cycles since the incorporation 
of the actions specified in EMBRAER Service Bulletin 145-53-0058: Do 
the inspection within 8,000 flight cycles after the incorporation of 
the actions specified in EMBRAER Service Bulletin 145-53-0058, or 
within 5,000 flight cycles after the effective date of this AD, 
whichever occurs first.

(h) Corrective Actions

    If, during any inspection required by paragraph (g) of this AD, 
any discrepancy is found or if, during any check required by 
paragraph (g) of this AD, any bolt is found that is not tight, 
before further flight, do the replacement of the attaching parts of 
the lower eyelet fitting of the cockpit windshield center-post, 
including doing a general visual inspection for damage on the eyelet 
fitting; in accordance with the Accomplishment Instructions of 
EMBRAER Service Bulletin 145-53-0082, dated October 18, 2013. If any 
damage to the eyelet fitting is found, 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 its delegated agent, or by 
the Design Approval Holder (DAH) with ANAC design organization 
approval). For a repair method to be approved, the repair approval 
must specifically refer to this AD.

(i) Optional Terminating Action

    For Group 1 airplanes, and Group 2 airplanes (airplanes on which 
the actions specified in EMBRAER Service Bulletin 145-53-0058, dated 
December 23, 2004; or Revision 01, dated March 30, 2007; have been 
done), as identified in EMBRAER Service Bulletin 145-53-0082, dated 
October 18, 2013: Doing the replacement of the attaching parts of 
the lower eyelet fitting of the cockpit windshield center-post, 
including doing a general visual inspection for damage on the eyelet 
fitting if any discrepancy is found in any bolts, terminates the 
inspections required by paragraph (g) of this AD. The replacement 
specified in this paragraph must be done in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-53-0082, 
dated October 18, 2013, except as required by paragraph (j) of this 
AD.

(j) Service Information Exception

    Where EMBRAER Service Bulletin 145-53-0082, dated October 18, 
2013, specifies to contact Embraer if there are signs of damage on 
the eyelet fitting, before further flight, repair using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or ANAC (or its delegated agent, or by 
the DAH with ANAC design organization approval). For a repair method 
to be approved, the repair approval must specifically refer to this 
AD.

(k) Credit for Previous Actions

    This paragraph provides credit for actions specified in 
paragraphs (g), (h), and (i) of this AD, if those actions were 
performed before the effective date of this AD using EMBRAER Alert 
Service Bulletin 145-53-A082, dated September 22, 2013; or EMBRAER 
Alert Service Bulletin 145-53-A082, Revision 01, dated September 26, 
2013; which are not incorporated by reference in this AD.

(l) 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: [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) 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 were approved by the State of Design Authority 
(or its delegated agent, or the Design Approval Holder with a State 
of Design Authority's design organization approval, as applicable). 
For a repair method to be approved, the repair approval must 
specifically refer to this AD. You are required to ensure the 
product is airworthy before it is returned to service.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Emergency Airworthiness Directive 2013-10-01, 
effective October 3, 2013, for related information. You may examine 
the MCAI on the Internet at http://www.regulations.gov by searching 
for and locating it in Docket No. FAA-2013-0868.
    (2) Service information identified in this AD that is not 
incorporated by reference may be obtained at the addresses specified 
in paragraphs (n)(3) and (n)(4) of this AD.

(n) 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 Service Bulletin 145-53-0082, dated October 18, 
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 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 October 25, 2013.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-26323 Filed 11-4-13; 8:45 am]
BILLING CODE 4910-13-P