AD 2015-02-13

[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5023-5025]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2015-01177]


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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; 
Amendment 39-18080; AD 2015-02-13]
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.

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SUMMARY: We are adopting 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 AD was prompted by a determination of the 
need to revise the airplane airworthiness limitations related to the 
pylon yokes I and II, and the skin panel of the windshield pillar. This 
AD requires revising the maintenance or inspection program, as 
applicable. We are issuing this AD to prevent fatigue cracking of 
various structural elements, which could affect the structural 
integrity of the airplane.

DATES: This AD becomes effective March 6, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 6, 
2015.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2014-0622; or in person at the 
Docket Management Facility, U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC.
    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 <a href="/cdn-cgi/l/email-protection#791d100a0d0b101b391c141b0b181c0b571a1614571b0b"><span class="__cf_email__" data-cfemail="83e7eaf0f7f1eae1c3e6eee1f1e2e6f1ade0eceeade1f1">[email&#160;protected]</span></a>; 
Internet <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>. 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.

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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Embraer Model EMB -
135ER, -135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -
145MP, and -145EP airplanes. The NPRM published in the Federal Register 
on September 4, 2014 (79 FR 52588).
    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 <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0622-0002.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 52588, September 4, 
2014) or on the determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed, except for 
minor editorial changes. We have determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM (79 FR 52588, September 4, 2014) for correcting the unsafe 
condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM (79 FR 52588, September 4, 2014).

Related Service Information

    We reviewed EMBRAER EMB145 Temporary Revision 15-3, dated August 
26, 2013, to the Airworthiness Limitation Requirements of the EMBRAER 
EMB145 Maintenance Review Board Report MRB 145/1150; and EMBRAER EMB145 
Temporary Revision 15-4, dated August 26, 2013, to the Airworthiness 
Limitation Requirements of the EMBRAER EMB145 Maintenance Review Board 
Report MRB-145/1150. The service information describes airworthiness 
limitations related to inspections of certain fuselage or pylon 
components. You can find this information at <a href="http://www.regulations.gov">http://www.regulations.gov</a> 
by searching for and locating Docket No. FAA-2014-0622.

Costs of Compliance

    We estimate that this AD affects 688 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85

[[Page 5024]]

per work-hour. Based on these figures, we estimate the cost of this 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 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.

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=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 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.

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):

2015-02-13 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-18080. Docket No. FAA-2014-0622; Directorate Identifier 
2014-NM-009-AD.

(a) Effective Date

    This AD becomes effective March 6, 2015.

(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 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 of the EMBRAER EMB145 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 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 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 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 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 the 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, 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: <a href="/cdn-cgi/l/email-protection#b0899df1fefd9d8181869df1fdfff39de2f5e1e5f5e3e4e3f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="20190d616e6d0d1111160d616d6f630d7265717565737473604641410e474f56">[email&#160;protected]</span></a>. 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

[[Page 5025]]

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

    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 <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0622-0002.

(k) 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 EMB145 Temporary Revision 15-3, dated August 26, 
2013, to the Airworthiness Limitation Requirements of the EMBRAER 
EMB145 Maintenance Review Board Report MRB 145/1150.
    (ii) EMBRAER EMB145 Temporary Revision 15-4, dated August 26, 
2013, to the Airworthiness Limitation Requirements of the EMBRAER 
EMB145 Maintenance Review Board Report MRB-145/1150.
    (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 
<a href="/cdn-cgi/l/email-protection#f3979a8087819a91b3969e9181929681dd909c9edd9181"><span class="__cf_email__" data-cfemail="46222f3532342f2406232b24342723346825292b682434">[email&#160;protected]</span></a>; Internet <a href="http://www.flyembraer.com">http://www.flyembraer.com</a>.
    (4) 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.
    (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: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on January 15, 2015.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-01177 Filed 1-29-15; 8:45 am]
BILLING CODE 4910-13-P