
[Federal Register Volume 79, Number 165 (Tuesday, August 26, 2014)]
[Proposed Rules]
[Pages 50857-50859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20260]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0586; Directorate Identifier 2013-NM-255-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-135BJ 
airplanes. This proposed AD was prompted by a determination that more 
restrictive fuel limitations are needed. This proposed AD would require 
revising the maintenance or inspection program to incorporate new 
compliance times and fuel limitations. We are proposing this AD to 
detect and correct fatigue cracking of various structural elements and 
prevent ignition sources in the fuel system.

DATES: We must receive comments on this proposed AD by October 10, 
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 
distrib@embraer.com.br; 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-
0586; 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:

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-2014-0586; 
Directorate Identifier 2013-NM-255-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 2013-12-02, effective December 27, 2013 
(referred to after this as the Mandatory Continuing Airworthiness 
Information, or ``the MCAI''), to correct an unsafe condition for all 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ 
airplanes. The MCAI states:

    This [Brazilian] AD was prompted by a new revision to the 
Airworthiness Limitations Requirements of the Maintenance Planning 
Guide (MPG-1483). We are issuing this [Brazilian] AD to allow timely 
detection and correction of fatigue cracking of various structural 
elements, and to allow the necessary preclusion of ignition sources 
in the fuel system.

    Required actions include revising the maintenance or inspection 
program, as applicable, to incorporate new compliance times and fuel 
limitations. You may examine the MCAI in the AD docket on the Internet 
at http://www.regulations.gov by searching for and locating Docket No. 
FAA-2014-0586.

Relevant Service Information

    Embraer has issued the following service information. The actions 
described in this service information are intended to correct the 
unsafe condition identified in the MCAI.
     Temporary Revision (TR) 8-1, dated October 26, 2012, to 
the Embraer Legacy BJ Maintenance Planning Guide (MPG), MPG-1483.
     TR 8-2, dated December 5, 2012, to the Embraer Legacy BJ 
MPG, MPG-1483.
     TR 8-3, dated April 8, 2013, to the Embraer Legacy BJ MPG, 
MPG-1483.

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

[[Page 50858]]

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.

``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, the Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (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.

Costs of Compliance

    We estimate that this proposed AD affects 53 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 $4,505, 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.

[[Page 50859]]

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-
2014-0586; Directorate Identifier 2013-NM-255-AD.

(a) Comments Due Date

    We must receive comments by October 10, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Empresa Brasileira de Aeronautica S.A. 
(Embraer) Model EMB-135BJ airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel; 53, 
Fuselage; 54, Nacelles/Pylon.

(e) Reason

    This AD was prompted by a determination that more restrictive 
fuel limitations are needed. We are issuing this AD to detect and 
correct fatigue cracking of various structural elements and prevent 
ignition sources in the fuel system.

(f) Compliance

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

(g) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, do the 
actions specified in paragraphs (g)(1), (g)(2), and (g)(3) of this 
AD.
    (1) Revise the maintenance or inspection program, as applicable, 
by incorporating the Critical Design Configuration Control 
Limitations (CDCCLs) specified in Embraer Temporary Revision (TR) 8-
1, dated October 26, 2012, to the Embraer Legacy BJ Maintenance 
Planning Document (MPG), MPG-1483, into Appendix 2,``Airworthiness 
Limitations Requirements,'' of the Embraer Legacy BJ MPG, MPG-1483.
    (2) Revise the maintenance or inspection program, as applicable, 
by incorporating the tasks and compliance times specified in Embraer 
TR 8-3, dated April 8, 2013, of Embraer Legacy BJ MPG, MPG-1483; and 
Embraer TR 8-2, dated December 5, 2012, to the Embraer Legacy BJ 
MPG, MPG-1483; into Appendix 2, ``Airworthiness Limitations 
Requirements,'' of the Embraer Legacy BJ MPG, MPG-1483. The initial 
compliance times for the tasks start at the applicable time 
specified in Embraer TR 8-2, dated December 5, 2012, and TR 8-3, 
dated April 8, 2013; or within 500 flight cycles after the effective 
date of this AD, whichever occurs later. Where Embraer TR 8-2, dated 
December 5, 2012, specifies a compliance time in ``flight cycles'' 
for the pre-mod service bulletin, those compliance times are total 
flight cycles.
    (3) Revise the maintenance or inspection program, as applicable, 
by incorporating the new fuel system limitations specified in 
Embraer TR 8-1, dated October 26, 2012, to the Embraer Legacy BJ 
MPG, MPG-1483, into Appendix 2, ``Airworthiness Limitations 
Requirements,'' of the Embraer Legacy BJ MPG, MPG-1483. The initial 
compliance times for the tasks are specified in paragraphs (g)(3)(i) 
and (g)(3)(ii) of this AD.
    (i) For tasks with reference numbers 28-50-01-220-001-A02, 28-
50-08-212-001-A00, 28-50-09-212-001-A00, and 28-50-10-212-001-A00, 
at the later of the times specified in paragraph (g)(3)(i)(A) or 
(g)(3)(i)(B) of this AD.
    (A) Before the accumulation of 10,000 total flight hours or 
within 48 months since the date of issuance of the original 
Brazilian standard airworthiness certificate or date of issuance of 
the original Brazilian export certificate of airworthiness, 
whichever occurs first.
    (B) Within 60 months after the effective date of this AD.
    (ii) For task reference number 28-50-01-720-001-A00, at the 
later of the times specified in paragraph (g)(3)(ii)(A) or 
(g)(3)(ii)(B) of this AD.
    (A) Before the accumulation of 20,000 total flight hours or 
within 96 months since the date of issuance of the original 
Brazilian standard airworthiness certificate or date of issuance of 
the original Brazilian export certificate of airworthiness, 
whichever occurs first.
    (B) Within 60 months after the effective date of this AD.

(h) Incorporation of TRs Into General Revisions

    When the information from Embraer TR 8-1, dated October 26, 
2012; TR 8-2, dated December 5, 2012; and TR 8-3, dated April 8, 
2013; to the Embraer Legacy BJ MPG, MPG-1483, has been included in 
the general revisions of Embraer Legacy BJ MPG, MPG-1483, the 
general revisions may be inserted in the MPG, provided that the 
relevant information in the general revision is identical to that in 
Embraer TR 8-1, dated October 26, 2012; TR 8-2, dated December 5, 
2012; and TR 8-3, dated April 8, 2013; and the TRs may be removed.

(i) No Alternative Actions, Intervals, and/or Critical Design 
Configuration Control Limitations (CDCCLs)

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

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2013-12-02, effective 
December 27, 2013, 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 Docket No. FAA-2014-0586.
    (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 
distrib@embraer.com.br; 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 15, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-20260 Filed 8-25-14; 8:45 am]
BILLING CODE 4910-13-P


