AD 2015-17-23

[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52953-52955]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2015-21473]


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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; 
Amendment 39-18256; AD 2015-17-23]
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-135BJ 
airplanes. This AD was prompted by a determination that more 
restrictive fuel limitations are needed. This AD requires revising the 
maintenance or inspection program to incorporate new compliance times 
and fuel limitations. We are issuing this AD to detect and correct 
fatigue cracking of various structural elements and prevent ignition 
sources in the fuel system.

DATES: This AD becomes effective October 7, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 7, 
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-2014-0586 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#214548525553484361444c43534044530f424e4c0f4353"><span class="__cf_email__" data-cfemail="d2b6bba1a6a0bbb092b7bfb0a0b3b7a0fcb1bdbffcb0a0">[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. It is also available on 
the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a> by searching for and 
locating Docket No. FAA-2014-0586.

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 Empresa Brasileira de 
Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes. The NPRM 
published in the Federal Register on August 26, 2014 (79 FR 50857). The 
NPRM was prompted by a determination that more restrictive fuel 
limitations are needed. The NPRM proposed to require revising the 
maintenance or inspection program to incorporate new compliance times 
and fuel limitations. We are issuing this AD to detect and correct 
fatigue cracking of various structural elements and prevent ignition 
sources in the fuel system.
    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 <a href="http://www.regulations.gov/#!docketDetail">http://www.regulations.gov/#!docketDetail</a>;D=FAA-2014-0586.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM (79 FR 50857, August 26, 
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 50857, dated August 16, 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 50857, dated August 16, 2014).

Related Service Information Under 1 CFR Part 51

    Embraer has issued the following service information.
    <bullet> Temporary Revision (TR) 8-1, dated October 26, 2012, to 
the Embraer Legacy BJ Maintenance Planning Guide (MPG), MPG-1483.

[[Page 52954]]

    <bullet> TR 8-2, dated December 5, 2012, to the Embraer Legacy BJ 
MPG, MPG-1483.
    <bullet> TR 8-3, dated April 8, 2013, to the Embraer Legacy BJ MPG, 
MPG-1483.
    The service information describes revisions to the maintenance or 
inspection program to incorporate new compliance times and fuel 
limitations. This service information is reasonably available because 
the interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section of this 
AD.

Costs of Compliance

    We estimate that this 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 AD. The average labor 
rate is $85 per work-hour. Based on these figures, we estimate the cost 
of this 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 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-2014-0586; 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 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 AD:

2015-17-23 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-18256. Docket No. FAA-2014-0586; Directorate Identifier 
2013-NM-255-AD.

(a) Effective Date

    This AD becomes effective October 7, 2015.

(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.

[[Page 52955]]

    (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)(1) 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: <a href="/cdn-cgi/l/email-protection#71485c303f3c5c4040475c303c3e325c2334202434222522311710105f161e07"><span class="__cf_email__" data-cfemail="11283c505f5c3c2020273c505c5e523c4354404454424542517770703f767e67">[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 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

    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 <a href="http://www.regulations.gov/#!documentDetail">http://www.regulations.gov/#!documentDetail</a>;D=FAA-2014-0586-0003.

(l) 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 Temporary Revision 8-1, dated October 26, 2012, to 
the Embraer Legacy BJ Maintenance Planning Guide (MPG), MPG-1483.
    (ii) Embraer Temporary Revision 8-2, dated December 5, 2012, to 
the Embraer Legacy BJ MPG, MPG-1483.
    (iii) Embraer Temporary Revision 8-3, dated April 8, 2013, to 
the Embraer Legacy BJ MPG, MPG-1483.
    (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#f7939e8483859e95b7929a9585969285d994989ad99585"><span class="__cf_email__" data-cfemail="3f5b564c4b4d565d7f5a525d4d5e5a4d115c5052115d4d">[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 August 21, 2015.
Kevin Hull,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-21473 Filed 9-1-15; 8:45 am]
 BILLING CODE 4910-13-P