[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Proposed Rules]
[Pages 52588-52591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21059]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0622; Directorate Identifier 2014-NM-009-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB -135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. This proposed AD was prompted by our 
determination of the need to revise the airplane airworthiness 
limitations to the pylon and fuselage. This proposed AD would require 
revising the maintenance or inspection program. We are proposing this 
AD to prevent fatigue cracking of various structural elements, which 
could affect the structural integrity of the airplane.

DATES: We must receive comments on this proposed AD by October 20, 
2014.

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 
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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0622; 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 
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:

[[Page 52589]]

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-2014-0622; 
Directorate Identifier 2014-NM-009-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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2014-01-01, dated January 20, 2014 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all EMBRAER Model EMB 
-135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. The MCAI states:

    This [Brazilian] AD was prompted by a new revision to the 
airworthiness limitations requirements [related to the pylon yokes I 
and II, and the skin panel of the windshield pillar] of the 
Maintenance Review Board Report. We are issuing this [Brazilian] AD 
to ensure that fatigue cracking of various structural elements is 
detected and corrected.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0622.

Relevant Service Information

    EMBRAER has issued EMB145 Temporary Revision 15-3, dated August 26, 
2013, to the Airworthiness Limitation Requirements (ALIs) of the 
EMBRAER EMB145 Maintenance Review Board Report MRB-145/1150; and EMB145 
Temporary Revision 15-4, dated August 26, 2013, to the Airworthiness 
Limitation Requirements (ALIs), of the EMBRAER EMB145 Maintenance 
Review Board Report MRB-145/1150. 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 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.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new inspections. Compliance with these 
inspections is required by section 91.403(c) of the Federal Aviation 
Regulations (14 CFR 91.403(c)). For airplanes that have been previously 
modified, altered, or repaired in the areas addressed by these 
inspections, an operator might not be able to accomplish the 
inspections described in the revisions. In this situation, to comply 
with 14 CFR 91.403(c), the operator must request approval of an 
alternative method of compliance (AMOC) in accordance with the 
provisions of paragraph (i) of this proposed AD. The request should 
include a description of changes to the proposed inspections that will 
ensure the continued operational safety of the airplane.

``Contacting the Manufacturer'' Paragraph in This Proposed 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 an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 
78285, December 26, 2013), 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 the 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.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) 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 the paragraph and retitled 
it ``Contacting the Manufacturer.'' This paragraph now clarifies that 
for any requirement in this proposed AD to obtain corrective actions 
from a manufacturer, the actions 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.

[[Page 52590]]

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.

Costs of Compliance

    We estimate that this proposed AD affects 688 airplanes of U.S. 
registry.
    We also estimate that it would take about 1 work-hour per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be $58,480, or $85 
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 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.

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

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. Amend Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2014-0622; Directorate Identifier 2014-NM-009-AD.

(a) Comments Due Date

    We must receive comments by October 20, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB -135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes, certificated in 
any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
pylons; 53, Fuselage.

(e) Reason

    This AD was prompted by our determination of the need to revise 
the airplane airworthiness limitations to the pylons and fuselage. 
We are issuing this AD to prevent fatigue cracking of various 
structural elements, which could affect the structural integrity of 
the airplane.

(f) Compliance

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

(g) Revision of Maintenance or Inspection Program

    Within 60 days after the effective date of this AD: Revise the 
maintenance or inspection program, as applicable, by incorporating 
EMBRAER EMB145 Temporary Revision (TR) 15-3, dated August 26, 2013, 
to the Airworthiness Limitation Requirements (ALIs) of the EMBRAER 
EMB145 Maintenance Review Board Report MRB 145/1150; and EMBRAER 
EMB145 TR 15-4, dated August 26, 2013, to the Airworthiness 
Limitation Requirements (ALIs) of the EMBRAER Maintenance Review 
Board Report MRB-145/1150; as applicable.
    (1) The compliance times depend on the airplane model, and the 
pre-modification and post-modification conditions specified in 
EMBRAER EMB145 TR 15-3, dated August 26, 2013, to the Airworthiness 
Limitation Requirements (ALIs) of the EMBRAER EMB145 Maintenance 
Review Board Report MRB 145/1150; and EMBRAER EMB145 TR 15-4, dated 
August 26, 2013, to the Airworthiness Limitation Requirements (ALIs) 
of the EMBRAER Maintenance Review Board Report MRB-145/1150; as 
applicable.
    (2) The initial compliance times for the tasks specified in 
EMBRAER EMB145 TR 15-3, dated August 26, 2013, to the Airworthiness 
Limitation Requirements (ALIs) of the EMBRAER EMB145 Maintenance 
Review Board Report MRB 145/1150; and EMBRAER EMB145 TR 15-4, dated 
August 26, 2013, to the Airworthiness Limitation Requirements (ALIs) 
of the EMBRAER Maintenance Review Board Report MRB-145/1150; as 
applicable; are at the applicable threshold compliance times 
specified in EMBRAER EMB145 TR 15-3, dated August 26, 2013; and 
EMBRAER EMB145 TR 15-4, dated August 26, 2013; or within 600 flight 
cycles after the effective date of this AD, whichever occurs later. 
For purposes of this AD, the initial compliance times (identified as 
``Threshold'' or ``T'' in the service information) are expressed in 
``total flight cycles.''

(h) No Alternative Actions and Intervals

    After accomplishment of the revision required by paragraph (g) 
of this AD, no alternative actions (e.g., inspections) or intervals 
may be used unless the actions or intervals are approved as an 
alternative method of compliance (AMOC) in accordance with the 
procedures specified in paragraph (i)(1) of 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

[[Page 52591]]

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 
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.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2014-01-01, dated January 
20, 2014, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating it in Docket No. FAA-2014-0622.
    (2) 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 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 August 25, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-21059 Filed 9-3-14; 8:45 am]
BILLING CODE 4910-13-P