80 FR 52953 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 170 (September 2, 2015)

Page Range		52953-52955
FR Document		2015-21473
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.
Federal Register, Volume 80 Issue 170 (Wednesday, September 2, 2015)
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 52953-52955]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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 http://www.regulations.gov/#!docketDetail;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 [email protected]; 
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. It is also available on 
the Internet at http://www.regulations.gov 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 http://www.regulations.gov/#!docketDetail;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:
     Are consistent with the intent that was proposed in the 
NPRM (79 FR 50857, dated August 16, 2014) for correcting the unsafe 
condition; and
     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.
     Temporary Revision (TR) 8-1, dated October 26, 2012, to 
the Embraer Legacy BJ Maintenance Planning Guide (MPG), MPG-1483.

[[Page 52954]]

     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.
    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 http://www.regulations.gov/#!docketDetail;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: [email protected]. 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 http://www.regulations.gov/#!documentDetail;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 
[email protected]; Internet http://www.flyembraer.com.
    (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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    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
Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 52953

actions required by this AD, unless the Empresa Brasileira de Aeronautica S.A. limitations are needed. The NPRM
AD specifies otherwise. (Embraer) Model EMB–135BJ airplanes. proposed to require revising the
(i) Boeing Special Attention Service This AD was prompted by a maintenance or inspection program to
Bulletin 777–54–0027, Revision 1, dated determination that more restrictive fuel incorporate new compliance times and
September 12, 2013. limitations are needed. This AD requires fuel limitations. We are issuing this AD
(ii) Boeing Special Attention Service revising the maintenance or inspection to detect and correct fatigue cracking of
Bulletin 777–71–0055, Revision 1, dated program to incorporate new compliance various structural elements and prevent
April 15, 2015. times and fuel limitations. We are ignition sources in the fuel system.
(iii) Airworthiness Limitation 54– issuing this AD to detect and correct The Agência Nacional De Aviação
AWL–01, ‘‘Forward Strut Drain Line’’, fatigue cracking of various structural Civil (ANAC), which is the aviation
Section D.4, Pratt and Whitney Forward elements and prevent ignition sources authority for Brazil, has issued Brazilian
Strut Drain Line, of the Boeing 777 in the fuel system. Airworthiness Directive 2013–12–02,
Maintenance Planning Data (MPD) DATES: This AD becomes effective effective December 27, 2013 (referred to
Document Section 9, Airworthiness October 7, 2015. after this as the Mandatory Continuing
Limitations (AWLs) and Certification The Director of the Federal Register Airworthiness Information, or ‘‘the
Maintenance Requirements (CMRs), approved the incorporation by reference MCAI’’), to correct an unsafe condition
D622W001–9, Revision October 2014. of certain publications listed in this AD for all Empresa Brasileira de
(3) For service information identified as of October 7, 2015. Aeronautica S.A. (Embraer) Model
in this AD, contact Boeing Commercial ADDRESSES: You may examine the AD EMB–135BJ airplanes. The MCAI states:
Airplanes, Attention: Data & Services docket on the Internet at http://
Management, P. O. Box 3707, MC 2H– This [Brazilian] AD was prompted by a
www.regulations.gov/#!docketDetail; new revision to the Airworthiness
65, Seattle, WA 98124–2207; telephone D=FAA-2014-0586 or in person at the Limitations Requirements of the Maintenance
206–544–5000, extension 1; fax 206– Docket Management Facility, U.S. Planning Guide (MPG–1483). We are issuing
766–5680; Internet https:// Department of Transportation, Docket this [Brazilian] AD to allow timely detection
www.myboeingfleet.com. Operations, M–30, West Building and correction of fatigue cracking of various
(4) You may view this service Ground Floor, Room W12–140, 1200 structural elements, and to allow the
information at FAA, Transport Airplane New Jersey Avenue SE., Washington, necessary preclusion of ignition sources in
Directorate, 1601 Lind Avenue SW., DC. the fuel system.
Renton, WA. For information on the For service information identified in Required actions include revising the
availability of this material at the FAA, this AD, contact Empresa Brasileira de maintenance or inspection program, as
call 425–227–1221. Aeronautica S.A. (Embraer), Technical applicable, to incorporate new
(5) You may view this service Publications Section (PC 060), Av. compliance times and fuel limitations.
information that is incorporated by Brigadeiro Faria Lima, 2170—Putim— You may examine the MCAI in the AD
reference at the National Archives and 12227–901 São Jose dos Campos—SP— docket on the internet at http://
Records Administration (NARA). For Brasil; telephone +55 12 3927–5852 or www.regulations.gov/#!docketDetail;
information on the availability of this +55 12 3309–0732; fax +55 12 3927– D=FAA-2014-0586.
material at NARA, call 202–741–6030, 7546; email distrib@embraer.com.br;
or go to: http://www.archives.gov/ Comments
Internet http://www.flyembraer.com.
federal-register/cfr/ibr-locations.html. You may view this referenced service We gave the public the opportunity to
Issued in Renton, Washington, on August information at the FAA, Transport participate in developing this AD. We
14, 2015. Airplane Directorate, 1601 Lind Avenue received no comments on the NPRM (79
Michael Kaszycki, SW., Renton, WA. For information on FR 50857, August 26, 2014) or on the
Acting Manager, Transport Airplane the availability of this material at the determination of the cost to the public.
Directorate, Aircraft Certification Service. FAA, call 425–227–1221. It is also Conclusion
[FR Doc. 2015–20696 Filed 9–1–15; 8:45 am] available on the Internet at http://
BILLING CODE 4910–13–P www.regulations.gov by searching for We reviewed the relevant data and
and locating Docket No. FAA–2014– determined that air safety and the
0586. public interest require adopting this AD
DEPARTMENT OF TRANSPORTATION as proposed except for minor editorial
FOR FURTHER INFORMATION CONTACT:
changes. We have determined that these
Federal Aviation Administration Todd Thompson, Aerospace Engineer,
minor changes:
International Branch, ANM–116,
Transport Airplane Directorate, FAA, • Are consistent with the intent that
14 CFR Part 39 was proposed in the NPRM (79 FR
1601 Lind Avenue SW., Renton, WA
[Docket No. FAA–2014–0586; Directorate 98057–3356; telephone 425–227–1175; 50857, dated August 16, 2014) for
Identifier 2013–NM–255–AD; Amendment correcting the unsafe condition; and
39–18256; AD 2015–17–23]
fax 425–227–1149.
SUPPLEMENTARY INFORMATION: • Do not add any additional burden
RIN 2120–AA64 upon the public than was already
Discussion proposed in the NPRM (79 FR 50857,
Airworthiness Directives; Empresa We issued a notice of proposed dated August 16, 2014).
Brasileira de Aeronautica S.A. rulemaking (NPRM) to amend 14 CFR Related Service Information Under 1
asabaliauskas on DSK5VPTVN1PROD with RULES

(Embraer) Airplanes part 39 by adding an AD that would CFR Part 51
AGENCY: Federal Aviation apply to all Empresa Brasileira de
Administration (FAA), Department of Aeronautica S.A. (Embraer) Model Embraer has issued the following
Transportation (DOT). EMB–135BJ airplanes. The NPRM service information.
ACTION: Final rule. published in the Federal Register on • Temporary Revision (TR) 8–1, dated
August 26, 2014 (79 FR 50857). The October 26, 2012, to the Embraer Legacy
SUMMARY: We are adopting a new NPRM was prompted by a BJ Maintenance Planning Guide (MPG),
airworthiness directive (AD) for all determination that more restrictive fuel MPG–1483.

VerDate Sep<11>2014 19:00 Sep 01, 2015 Jkt 235001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\02SER1.SGM 02SER1
52954 Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations

• TR 8–2, dated December 5, 2012, to 2. Is not a ‘‘significant rule’’ under the (e) Reason
the Embraer Legacy BJ MPG, MPG– DOT Regulatory Policies and Procedures This AD was prompted by a determination
1483. (44 FR 11034, February 26, 1979); that more restrictive fuel limitations are
• TR 8–3, dated April 8, 2013, to the 3. Will not affect intrastate aviation in needed. We are issuing this AD to detect and
correct fatigue cracking of various structural
Embraer Legacy BJ MPG, MPG–1483. Alaska; and elements and prevent ignition sources in the
The service information describes 4. Will not have a significant fuel system.
revisions to the maintenance or economic impact, positive or negative, (f) Compliance
inspection program to incorporate new on a substantial number of small entities
compliance times and fuel limitations. under the criteria of the Regulatory Comply with this AD within the
This service information is reasonably compliance times specified, unless already
Flexibility Act. done.
available because the interested parties
have access to it through their normal Examining the AD Docket (g) Maintenance or Inspection Program
course of business or by the means Revision
You may examine the AD docket on
identified in the ADDRESSES section of the Internet at http:// Within 60 days after the effective date of
this AD. www.regulations.gov/ this AD, do the actions specified in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD.
Costs of Compliance #!docketDetail;D=FAA-2014-0586; or in (1) Revise the maintenance or inspection
person at the Docket Management program, as applicable, by incorporating the
We estimate that this AD affects 53 Facility between 9 a.m. and 5 p.m., Critical Design Configuration Control
airplanes of U.S. registry. Monday through Friday, except Federal Limitations (CDCCLs) specified in Embraer
We also estimate that it would take holidays. The AD docket contains this Temporary Revision (TR) 8–1, dated October
about 1 work-hour per product to AD, the regulatory evaluation, any 26, 2012, to the Embraer Legacy BJ
comply with the basic requirements of comments received, and other Maintenance Planning Document (MPG),
this AD. The average labor rate is $85 information. The street address for the MPG–1483, into Appendix 2, ‘‘Airworthiness
Limitations Requirements,’’ of the Embraer
per work-hour. Based on these figures, Docket Operations office (telephone Legacy BJ MPG, MPG–1483.
we estimate the cost of this AD on U.S. 800–647–5527) is in the ADDRESSES (2) Revise the maintenance or inspection
operators to be $4,505, or $85 per section. program, as applicable, by incorporating the
product. tasks and compliance times specified in
List of Subjects in 14 CFR Part 39
Embraer TR 8–3, dated April 8, 2013, of
Authority for This Rulemaking Embraer Legacy BJ MPG, MPG–1483; and
Air transportation, Aircraft, Aviation
Title 49 of the United States Code safety, Incorporation by reference, Embraer TR 8–2, dated December 5, 2012, to
specifies the FAA’s authority to issue the Embraer Legacy BJ MPG, MPG–1483; into
Safety. Appendix 2, ‘‘Airworthiness Limitations
rules on aviation safety. Subtitle I, Requirements,’’ of the Embraer Legacy BJ
section 106, describes the authority of Adoption of the Amendment
MPG, MPG–1483. The initial compliance
the FAA Administrator. ‘‘Subtitle VII: Accordingly, under the authority times for the tasks start at the applicable time
Aviation Programs,’’ describes in more delegated to me by the Administrator, specified in Embraer TR 8–2, dated December
detail the scope of the Agency’s the FAA amends 14 CFR part 39 as 5, 2012, and TR 8–3, dated April 8, 2013; or
authority. follows: within 500 flight cycles after the effective
We are issuing this rulemaking under date of this AD, whichever occurs later.
PART 39—AIRWORTHINESS Where Embraer TR 8–2, dated December 5,
the authority described in ‘‘Subtitle VII,
2012, specifies a compliance time in ‘‘flight
Part A, Subpart III, Section 44701: DIRECTIVES
cycles’’ for the pre-mod service bulletin,
General requirements.’’ Under that those compliance times are total flight cycles.
section, Congress charges the FAA with ■ 1. The authority citation for part 39 (3) Revise the maintenance or inspection
promoting safe flight of civil aircraft in continues to read as follows: program, as applicable, by incorporating the
air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701. new fuel system limitations specified in
for practices, methods, and procedures Embraer TR 8–1, dated October 26, 2012, to
the Administrator finds necessary for § 39.13 [Amended] the Embraer Legacy BJ MPG, MPG–1483, into
safety in air commerce. This regulation Appendix 2, ‘‘Airworthiness Limitations
■ 2. The FAA amends § 39.13 by adding Requirements,’’ of the Embraer Legacy BJ
is within the scope of that authority
the following new AD: MPG, MPG–1483. The initial compliance
because it addresses an unsafe condition times for the tasks are specified in paragraphs
that is likely to exist or develop on 2015–17–23 Empresa Brasileira de
(g)(3)(i) and (g)(3)(ii) of this AD.
products identified in this rulemaking Aeronautica S.A. (Embraer):
(i) For tasks with reference numbers 28–
Amendment 39–18256. Docket No.
action. 50–01–220–001–A02, 28–50–08–212–001–
FAA–2014–0586; Directorate Identifier
A00, 28–50–09–212–001–A00, and 28–50–
Regulatory Findings 2013–NM–255–AD.
10–212–001–A00, at the later of the times
We determined that this AD will not (a) Effective Date specified in paragraph (g)(3)(i)(A) or
have federalism implications under This AD becomes effective October 7, 2015. (g)(3)(i)(B) of this AD.
(A) Before the accumulation of 10,000 total
Executive Order 13132. This AD will (b) Affected ADs flight hours or within 48 months since the
not have a substantial direct effect on date of issuance of the original Brazilian
None.
the States, on the relationship between standard airworthiness certificate or date of
asabaliauskas on DSK5VPTVN1PROD with RULES

the national government and the States, (c) Applicability issuance of the original Brazilian export
or on the distribution of power and This AD applies to all Empresa Brasileira certificate of airworthiness, whichever occurs
responsibilities among the various de Aeronautica S.A. (Embraer) Model EMB– first.
levels of government. 135BJ airplanes, certificated in any category. (B) Within 60 months after the effective
date of this AD.
For the reasons discussed above, I (d) Subject (ii) For task reference number 28–50–01–
certify that this AD: Air Transport Association (ATA) of 720–001–A00, at the later of the times
1. Is not a ‘‘significant regulatory America Code 28, Fuel; 53, Fuselage; 54, specified in paragraph (g)(3)(ii)(A) or
action’’ under Executive Order 12866; Nacelles/Pylon. (g)(3)(ii)(B) of this AD.

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Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 52955

(A) Before the accumulation of 20,000 total (k) Related Information DEPARTMENT OF TRANSPORTATION
flight hours or within 96 months since the Refer to Mandatory Continuing
date of issuance of the original Brazilian Federal Aviation Administration
Airworthiness Information (MCAI) Brazilian
standard airworthiness certificate or date of
Airworthiness Directive 2013–12–02,
issuance of the original Brazilian export 14 CFR Part 39
certificate of airworthiness, whichever occurs effective December 27, 2013, for related
first. information. This MCAI may be found in the [Docket No. FAA–2014–0583; Directorate
(B) Within 60 months after the effective AD docket on the Internet at http:// Identifier 2013–NM–130–AD; Amendment
date of this AD. www.regulations.gov/ 39–18258; AD 2015–17–25]
#!documentDetail;D=FAA-2014-0586-0003.
(h) Incorporation of TRs Into General RIN 2120–AA64
Revisions (l) Material Incorporated by Reference
When the information from Embraer TR 8– (1) The Director of the Federal Register
Airworthiness Directives; Bombardier,
1, dated October 26, 2012; TR 8–2, dated approved the incorporation by reference Inc. Airplanes
December 5, 2012; and TR 8–3, dated April (IBR) of the service information listed in this
8, 2013; to the Embraer Legacy BJ MPG,
AGENCY: Federal Aviation
paragraph under 5 U.S.C. 552(a) and 1 CFR Administration (FAA), Department of
MPG–1483, has been included in the general
part 51. Transportation (DOT).
revisions of Embraer Legacy BJ MPG, MPG–
(2) You must use this service information
1483, the general revisions may be inserted ACTION: Final rule.
in the MPG, provided that the relevant as applicable to do the actions required by
information in the general revision is this AD, unless this AD specifies otherwise. SUMMARY: We are adopting a new
identical to that in Embraer TR 8–1, dated (i) Embraer Temporary Revision 8–1, dated airworthiness directive (AD) for certain
October 26, 2012; TR 8–2, dated December 5, October 26, 2012, to the Embraer Legacy BJ Bombardier, Inc. Model DHC–8–400
2012; and TR 8–3, dated April 8, 2013; and Maintenance Planning Guide (MPG), MPG– series airplanes. This AD was prompted
the TRs may be removed. 1483. by reports of chafing of the fuel lines
(i) No Alternative Actions, Intervals, and/or (ii) Embraer Temporary Revision 8–2, due to contact with the surrounding
Critical Design Configuration Control dated December 5, 2012, to the Embraer structures in the fuel tank. This AD
Limitations (CDCCLs) Legacy BJ MPG, MPG–1483. requires replacing and modifying fuel
After accomplishing the revision required (iii) Embraer Temporary Revision 8–3, lines, revising the maintenance or
by paragraph (g) of this AD, no alternative dated April 8, 2013, to the Embraer Legacy inspection program, as applicable, to
actions (e.g., inspections), intervals, and/or BJ MPG, MPG–1483. include critical design configuration
CDCCLs may be used unless the actions, (3) For service information identified in
control limitations (CDCCL) and
intervals, and/or CDCCLs are approved as an this AD, contact Empresa Brasileira de
airworthiness limitation (AWL) items,
alternative method of compliance (AMOC) in Aeronautica S.A. (Embraer), Technical
accordance with the procedures specified in
and, for certain airplanes, removing
Publications Section (PC 060), Av. Brigadeiro
paragraph (j)(1) of this AD. certain clamps and mounting hardware.
Faria Lima, 2170—Putim—12227–901 São
We are issuing this AD to prevent
(j) Other FAA AD Provisions Jose dos Campos—SP—Brasil; telephone +55
chafing of the fuel lines in the fuel tank,
12 3927–5852 or +55 12 3309–0732; fax +55
The following provisions also apply to this
12 3927–7546; email distrib@embraer.com.br;
which could result in potential ignition
AD: sources in the fuel tank in the event of
(1) Alternative Methods of Compliance Internet http://www.flyembraer.com.
(4) You may view this service information
a lightning strike and consequent fire or
(AMOCs): The Manager, International explosion.
Branch, ANM–116, Transport Airplane at the FAA, Transport Airplane Directorate,
Directorate, FAA, has the authority to 1601 Lind Avenue SW., Renton, WA. For DATES: This AD becomes effective
approve AMOCs for this AD, if requested information on the availability of this October 7, 2015.
using the procedures found in 14 CFR 39.19. material at the FAA, call 425–227–1221. The Director of the Federal Register
In accordance with 14 CFR 39.19, send your (5) You may view this service information approved the incorporation by reference
request to your principal inspector or local that is incorporated by reference at the of certain publications listed in this AD
Flight Standards District Office, as National Archives and Records as of October 7, 2015.
appropriate. If sending information directly
Administration (NARA). For information on ADDRESSES: You may examine the AD
to the International Branch, send it to ATTN:
the availability of this material at NARA, call docket on the Internet at http://
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, Transport 202–741–6030, or go to: http:// www.regulations.gov/
Airplane Directorate, FAA, 1601 Lind www.archives.gov/federal-register/cfr/ibr- #!docketDetail;D=FAA-2014-0583 or in
Avenue SW., Renton, WA 98057–3356; locations.html. person at the Docket Management
telephone 425–227–1175; fax 425–227–1149. Issued in Renton, Washington, on August Facility, U.S. Department of
Information may be emailed to: 9-ANM-116- 21, 2015. Transportation, Docket Operations, M–
AMOC-REQUESTS@faa.gov. Before using 30, West Building Ground Floor, Room
any approved AMOC, notify your appropriate Kevin Hull,
W12–140, 1200 New Jersey Avenue SE.,
principal inspector, or lacking a principal Acting Manager, Transport Airplane
inspector, the manager of the local flight Washington, DC.
Directorate, Aircraft Certification Service.
standards district office/certificate holding For service information identified in
[FR Doc. 2015–21473 Filed 9–1–15; 8:45 am]
district office. The AMOC approval letter this AD, contact Bombardier, Inc., Q-
BILLING CODE 4910–13–P Series Technical Help Desk, 123 Garratt
must specifically reference this AD.
(2) Contacting the Manufacturer: For any Boulevard, Toronto, Ontario M3K 1Y5,
requirement in this AD to obtain corrective Canada; telephone 416–375–4000; fax
asabaliauskas on DSK5VPTVN1PROD with RULES

actions from a manufacturer, the action must 416–375–4539; email
be accomplished using a method approved thd.qseries@aero.bombardier.com;
by the Manager, International Branch, ANM–
Internet http://www.bombardier.com.
116, Transport Airplane Directorate, FAA; or
the Agência Nacional de Aviação Civil You may view this referenced service
(ANAC); or ANAC’s authorized Designee. If information at the FAA, Transport
approved by the ANAC Designee, the Airplane Directorate, 1601 Lind Avenue
approval must include the Designee’s SW., Renton, WA. For information on
authorized signature. the availability of this material at the

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Document Created: 2018-02-26 10:11:10
Document Modified: 2018-02-26 10:11:10
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This AD becomes effective October 7, 2015.
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.
FR Citation		80 FR 52953
RIN Number		2120-AA64
CFR Associated		Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
80 FR 52953 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 80, Issue 170 (September 2, 2015)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
