AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ
airplanes. This AD was prompted by reports of failure of the bolts that
connect the cockpit windshield center-post to the forward fuselage.
This AD requires 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. 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.

DATES: This AD becomes effective October 1, 2014.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 1,
2014.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov#!docketDetail;D=FAA-2014-0234 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
Sao 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.

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 certain Empresa Brasileira
de Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes. The NPRM
published in the Federal Register on April 15, 2014 (79 FR 21160).
The Agencia Nacional de Aviacao Civil (ANAC),
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 certain Empresa
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ airplanes. 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/#!documentDetail;D=FAA-2014-0234-0002.

Comments

We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (79 FR 21160, April 15,
2014) or on the determination of the cost to the public.

"Contacting the Manufacturer" Paragraph in This AD

Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
In the NPRM (79 FR 21160, April 15, 2014), we proposed to prevent
the use of repairs that were not specifically developed to correct the
unsafe condition, by requiring that the repair approval provided by the
State of Design Authority or its delegated agent specifically refer to
this FAA AD. This change was intended to clarify the method of
compliance and to provide operators with better visibility of repairs
that are specifically developed and approved to correct the unsafe
condition. In addition, we proposed to change the phrase ``its
delegated agent'' to include a design approval holder (DAH) with State
of Design Authority design organization approval (DOA), as applicable,
to refer to a DAH authorized to approve required repairs for the
proposed AD.
No comments were provided to the NPRM (79 FR 21160, April 15, 2014)
about these proposed changes. However, a comment was provided for an
NPRM having Directorate Identifier 2012-NM-101-AD (78 FR 78285,
December 26, 2013). The commenter stated the following: ``The proposed
wording, being specific to repairs, eliminates the interpretation that
Airbus messages are acceptable for approving minor deviations
(corrective actions) needed during accomplishment of an AD mandated
Airbus service bulletin.''
This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed that paragraph and
retitled it ``Contacting the Manufacturer.'' This paragraph now
clarifies that for any requirement in this AD to obtain corrective
actions from a manufacturer, the action must be accomplished using a
method approved by the FAA, ANAC, or ANAC's authorized Designee.
The Contacting the Manufacturer paragraph also clarifies that, if
approved by the ANAC Designee, the approval must include the Designee's
authorized signature. The Designee signature indicates that the data
and information contained in the document are ANAC-approved, which is
also FAA-approved. Messages and other information provided by the
manufacturer that do not contain the ANAC Designee's authorized
signature approval are not ANAC-approved, unless ANAC directly approves
the manufacturer's message or other information.
This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
Other commenters to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) pointed out that in many cases
the foreign manufacturer's service bulletin and the foreign authority's
MCAI might have been issued some time before the FAA AD. Therefore, the
DOA might have provided U.S. operators with an approved repair,
developed with full awareness of the unsafe condition, before the FAA
AD is issued. Under these circumstances, to comply with the FAA AD, the
operator would be required to go back to the manufacturer's DOA and
obtain a new approval document, adding time and expense to the
compliance process with no safety benefit.
Based on these comments, we removed the requirement that the DAH-
provided repair specifically refer to this AD. Before adopting such a
requirement, the FAA will coordinate with affected DAHs and verify they
are prepared to implement means to ensure that their repair approvals
consider the unsafe condition addressed in this AD. Any such
requirements will be adopted through the normal AD rulemaking process,
including notice-and-comment procedures, when appropriate.
We also have decided not to include a generic reference to either
the ``delegated agent'' or ``DAH with State of Design Authority design
organization approval,'' but instead we have provided the specific
delegation approval granted by the State of Design Authority for the
DAH throughout this AD.

Conclusion

We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the changes described
previously and minor editorial changes. We have determined that these
minor changes:
Are consistent with the intent that was proposed in the
NPRM (79 FR 21160, April 15, 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 21160, April 15, 2014).
We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Costs of Compliance

We estimate that this 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 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 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 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 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-2014-0234; 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 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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):