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 http://www.regulations.gov/#!docketDetail;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
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 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 http://www.regulations.gov/#!documentDetail;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:
Are consistent with the intent that was proposed in the
NPRM (79 FR 52588, September 4, 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 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 http://www.regulations.gov
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 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 http://www.regulations.gov/#!docketDetail;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

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):