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[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Proposed Rules]
[Pages 21160-21163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08460]

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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]
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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[[Page 21161]]

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-
135BJ airplanes. This proposed AD was prompted by reports of failure of 
the bolts that connect the cockpit windshield center-post to the 
forward fuselage. This proposed AD would require 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. The modification would terminate the repetitive 
inspections. We are proposing 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: We must receive comments on this proposed AD by May 30, 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-
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 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-2014-0234; 
Directorate Identifier 2013-NM-220-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, 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 for the specified products. 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 by searching for and locating it in 
Docket No. FAA-2014-0234.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145LEG-53-A032, Revision 1, 
dated September 24, 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 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.
    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

[[Page 21162]]

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 proposed AD would require that 
the repair approval specifically refer to the 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 the DAH with State of Design Authority 
design organization approval, as applicable'' in this proposed AD to 
refer to a DAH authorized to approve required repairs for this proposed 
AD.

Clarification of Requirements

    Brazilian Airworthiness Directive 2013-10-02, dated October 23, 
2013, specifies that for those airplanes identified in Group 1 of 
EMBRAER Service Bulletin 145LEG-53-A032, Revision 01, dated September 
24, 2013, that have done certain actions specified in EMBRAER Service 
Bulletin 145LEG-53-0021, dated June 8, 2005, and EMBRAER Service 
Bulletin 145LEG-53-0021, Revision 01, dated July 13, 2007, to do those 
actions at certain compliance times. For those actions, this AD 
specifies the affected airplanes as airplanes identified in Group 1 of 
EMBRAER Service Bulletin 145LEG-53-A032, Revision 01, dated September 
24, 2013, that have done the actions specified in any revision of 
EMBRAER Service Bulletin 145LEG-53-0021. This difference has been 
coordinated with the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil.

Costs of Compliance

    We estimate that this proposed 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 proposed 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 this 
proposed 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 proposed 
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 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. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

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

(a) Comments Due Date

    We must receive comments by May 30, 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 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 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 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 
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

[[Page 21163]]

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 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 The Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) (or its delegated 
agent, or 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. The modification 
terminates the repetitive inspections required by paragraph (g) of 
this AD.
    (1) For airplanes identified as Group 1 in EMBRAER 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 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 effective date of this AD using EMBRAER 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, Washington 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer, 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 DAH with a State of Design Authority's 
design organization approval). 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.

(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 by searching 
for and locating it in Docket No. FAA-2014-0234.
    (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 April 1, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-08460 Filed 4-14-14; 8:45 am]
BILLING CODE 4910-13-P
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