Federal Register / Vol. 79, No. 165 / Tuesday, August 26, 2014 / Proposed Rules 50857 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendee lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

Issued in Washington, DC, on August 19, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–20271 Filed 8–25–14; 8:45 am] 

BILLING CODE 6450–01–P 

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). 

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 Sa ̃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 Ageˆncia Nacional De Aviac ̧a ̃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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
50858 Federal Register / Vol. 79, No. 165 / Tuesday, August 26, 2014 / Proposed Rules 

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 Ageˆncia 

Nacional de Aviac ̧a ̃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 ANACapproved, 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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 165 / Tuesday, August 26, 2014 / Proposed Rules 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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

§ 39.13 [Amended] 

■ 2. Amend § 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 Ageˆncia Nacional de Aviac ̧a ̃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 Sa ̃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 


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