Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Airplanes, 21160-21163 [2014-08460]

Download as PDF 21160 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules Bombardier, Inc.: Docket No. FAA–2014– 0231; Directorate Identifier 2013–NM– 163–AD. (a) Comments Due Date We must receive comments by May 30, 2014. (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc. Model CL–600–2B16 (CL–604 Variant) airplanes, certificated in any category, serial numbers 5301 and subsequent, equipped with horizontal stabilizer trim actuator (HSTA) part number (P/N) 604–92305–3 (vendor P/N 8454–1) or P/N 604–92305–5 (vendor P/N 8454–2). (d) Subject Air Transport Association (ATA) of America Code 27, Flight Controls. (e) Reason This AD was prompted by reports of loose, broken, or backed out spur gear bolts on the HSTA. We are issuing this AD to detect and correct loose spur gear bolts on the HSTA, which, if combined with the failure of the primary load path, could lead to failure of the HSTA and subsequent loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. ehiers on DSK2VPTVN1PROD with PROPOSALS-1 (g) Airplane Flight Manual (AFM) Revision Within 30 days after the effective date of this AD, revise the Normal Procedures section of the applicable Bombardier AFM to include the information in the applicable temporary revision (TR) specified in paragraph (g)(1) or (g)(2) of this AD. The TRs introduce revised procedures for the stabilizer trim system check. Operate the airplane according to the limitations and procedures in the applicable TR. The revision may be done by inserting copies of the applicable TR specified in paragraph (g)(1) or (g)(2) of this AD in the AFM. When the TR has been included in the general revisions of the AFM, the general revisions may be inserted in the AFM, provided the relevant information in the general revision is identical to that in the applicable TR and the TR may be removed. (1) Bombardier TR 604/37, dated May 21, 2013, to the Bombardier CL–604 AFM, PSP 604–1. (2) Bombardier TR 605/18, dated May 21, 2013, to the Bombardier CL–605 AFM, PSP 605–1. (h) Maintenance or Inspection Program Revision Within 30 days after the effective date of this AD: Revise the maintenance or inspection program, as applicable, by incorporating Task 27–41–00–101, Operational Test (BITE) of the HorizontalStabilizer Trim-control System (HSTCS), specified in the applicable revision submission (RS) specified in paragraph (h)(1) VerDate Mar<15>2010 14:49 Apr 14, 2014 Jkt 232001 or (h)(2) of this AD. The initial compliance time for the operational test is within 100 flight hours after the effective date of this AD. The maintenance or inspection program revision may be done by inserting a copy of the applicable RS specified in paragraph (h)(1) or (h)(2) of this AD into the applicable time limits/maintenance checks (TLMC) manual. When the RS has been included in the general revisions of the TLMC manual, the general revisions may be inserted in the TLMC manual, provided the relevant information in the general revision is identical to that in the applicable RS, and the RS may be removed. (1) Task 27–41–00–101, Operational Test (BITE) of the Horizontal-Stabilizer Trimcontrol System (HSTCS), specified in Bombardier Revision Submission RS–CL604– 055, dated April 27, 2012, to Section 5–10– 40, Certification Maintenance Requirements, of Chapter 5 of the Bombardier CL–604 Time Limits/Maintenance Checks (TLMC) Manual. (2) Task 27–41–00–101, Operational Test (BITE) of the Horizontal-Stabilizer Trimcontrol System (HSTCS), specified in Bombardier Revision Submission RS–CL605– 030, dated April 27, 2012, to Section 5–10– 40, Certification Maintenance Requirements, of Chapter 5 of the Bombardier CL–605 TLMC Manual. (i) No Alternative Actions or Intervals After the maintenance or inspection program has been revised, as required by paragraph (h) 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 (l)(1) of this AD. (j) HSTA Replacement For airplanes equipped with an HSTA having P/N 604–92305–3 (vendor P/N 8454– 1) or P/N 604–92305–5 (vendor P/N 8454–2): Within 3,000 flight hours or 26 months after the effective date of this AD, whichever occurs first, replace any HSTA having P/N 604–92305–3 (vendor P/N 8454–1) or P/N 604–92305–5 (vendor P/N 8454–2) with an HSTA having P/N 604–92305–7 (vendor P/N 8454–3), in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 604–27–032, dated September 10, 2012; or 605–27–002, dated September 10, 2012; as applicable. Office, as appropriate. If sending information directly to the ACO, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; fax 516–794–5531. 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) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they were approved by the State of Design Authority (or its delegated agent, or by the Design Approval Holder with a State of Design Authority’s design organization approval, as applicable). You are required to ensure the product is airworthy before it is returned to service. (m) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF–2013–18, dated July 16, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA– 2014–0231. (2) For service information identified in ˆ this AD, contact Bombardier, Inc., 400 Cote´ Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855–5000; fax 514– 855–7401; email thd.crj@ aero.bombardier.com; Internet http:// www.bombardier.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. Issued in Renton, Washington, on April 1, 2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–08463 Filed 4–14–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION (k) Parts Installation Prohibition As of the effective date of this AD, no person may install any HSTA having P/N 604–92305–3 (vendor P/N 8454–1) or P/N 604–92305–5 (vendor P/N 8454–2) on any airplane. Federal Aviation Administration (l) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, New York Aircraft Certification Office (ACO), ANE–170, 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 RIN 2120–AA64 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 14 CFR Part 39 [Docket No. FAA–2014–0234; Directorate Identifier 2013–NM–220–AD] Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: E:\FR\FM\15APP1.SGM 15APP1 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules We propose to adopt a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135BJ airplanes. This proposed AD was prompted by reports of failure of the bolts that connect the cockpit windshield center-post to the forward fuselage. This proposed AD would require repetitive detailed inspections to detect discrepancies on the attaching parts of the cockpit windshield centerpost; checking whether the bolts are tightened, if applicable; and modifying parts, including inspecting for and repairing damage. The modification would terminate the repetitive inspections. We are proposing 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: We must receive comments on this proposed AD by May 30, 2014. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed 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. ehiers on DSK2VPTVN1PROD with PROPOSALS-1 SUMMARY: Examining the AD Docket You may examine the AD docket on the Internet at http:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0234; or in person at the Docket Management Facility between 9 a.m. VerDate Mar<15>2010 14:49 Apr 14, 2014 Jkt 232001 21161 and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed 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. Comments will be available in the AD docket shortly after receipt. 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: 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 by searching for and locating it in Docket No. FAA–2014–0234. Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2014–0234; Directorate Identifier 2013–NM–220–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. FAA’s Determination and Requirements of This Proposed AD This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of the same type design. In many FAA transport ADs, when the service information specifies to contact the manufacturer for further instructions if certain discrepancies are found, we typically include in the AD a requirement to accomplish the action using a method approved by either the FAA or the State of Design Authority (or its delegated agent). We have recently been notified that certain laws in other countries do not allow such delegation of authority, but some countries do recognize design approval organizations. In addition, we have become aware that some U.S. operators have used repair instructions that were previously approved by a State of Design Authority or a Design Approval Holder (DAH) as a method of compliance with this provision in FAA ADs. Frequently, in these cases, the previously approved repair instructions come from the airplane structural repair manual or the DAH repair approval statements that were not specifically developed to address the unsafe condition corrected by the AD. Using repair instructions that were not specifically approved for a particular AD creates the potential for doing repairs that were not developed to address the unsafe condition identified by the MCAI AD, the FAA AD, or the applicable service information, which Discussion ˆ The Agencia Nacional de Aviacao ¸˜ Civil, 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 for the specified products. 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 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Relevant Service Information EMBRAER has issued Service Bulletin 145LEG–53–A032, Revision 1, dated September 24, 2013. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. E:\FR\FM\15APP1.SGM 15APP1 21162 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules could result in the unsafe condition not being fully corrected. To prevent the use of repairs that were not specifically developed to correct the unsafe condition, this proposed AD would require that the repair approval specifically refer to the FAA AD. This change is 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 use the phrase ‘‘its delegated agent, or the DAH with State of Design Authority design organization approval, as applicable’’ in this proposed AD to refer to a DAH authorized to approve required repairs for this proposed AD. ehiers on DSK2VPTVN1PROD with PROPOSALS-1 Clarification of Requirements Brazilian Airworthiness Directive 2013–10–02, dated October 23, 2013, specifies that for those airplanes identified in Group 1 of EMBRAER Service Bulletin 145LEG–53–A032, Revision 01, dated September 24, 2013, that have done certain actions specified in EMBRAER Service Bulletin 145LEG– 53–0021, dated June 8, 2005, and EMBRAER Service Bulletin 145LEG– 53–0021, Revision 01, dated July 13, 2007, to do those actions at certain compliance times. For those actions, this AD specifies the affected airplanes as airplanes identified in Group 1 of EMBRAER Service Bulletin 145LEG– 53–A032, Revision 01, dated September 24, 2013, that have done the actions specified in any revision of EMBRAER Service Bulletin 145LEG–53–0021. This difference has been coordinated with ˆ the Agencia Nacional de Aviacao Civil. ¸˜ Costs of Compliance We estimate that this proposed 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 proposed 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 proposed 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 proposed 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 VerDate Mar<15>2010 14:49 Apr 14, 2014 Jkt 232001 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 proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 this proposed regulation: 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. (a) Comments Due Date We must receive comments by May 30, 2014. (b) Affected ADs None. (c) Applicability This AD applies to Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB– 135BJ airplanes, certificated in any category, as identified in EMBRAER Service Bulletin 145LEG–53–A032, Revision 01, dated September 24, 2013. (d) Subject Air Transport Association (ATA) of America Code 53, Fuselage. (e) Reason This AD was prompted by reports of failure of the bolts that connect the cockpit windshield center-post to the forward fuselage. 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. (f) Compliance Comply with this AD within the compliance times specified, unless already done. ■ (g) Detailed Inspection At the applicable time specified in paragraph (g)(1) or (g)(2) of this AD, do a detailed inspection to detect discrepancies on the attaching parts of the lower eyelet fitting of the cockpit windshield center-post and, if applicable, check whether the bolts are tightened, in accordance with Part I of the Accomplishment Instructions of EMBRAER Service Bulletin 145LEG–53–A032, Revision 01, dated September 24, 2013. If any discrepancy is found or if any bolt is not tightened, do the actions specified in paragraph (h) of this AD before further flight. Repeat the detailed inspection thereafter at intervals not to exceed 50 flight cycles until the modification required by paragraph (h) of this AD is done. (1) For airplanes identified as Group 1 in EMBRAER Service Bulletin 145LEG–53– A032, Revision 01, dated September 24, 2013, on which the actions of EMBRAER Service Bulletin 145LEG–53–0021, has been done: Do the detailed inspection within 3,000 flight cycles after accomplishment of the actions of EMBRAER Service Bulletin 145LEG–53–0021, or within 50 flight cycles after the effective date of this AD, whichever occurs later. (2) For airplanes identified as Group 2 airplanes in EMBRAER Service Bulletin 145LEG–53–A032, Revision 01, dated September 24, 2013: Do the detailed inspection before the accumulation of 3,000 total flight cycles, or within 50 flight cycles after the effective date of this AD, whichever occurs later. Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA–2014–0234; Directorate Identifier 2013–NM–220–AD. (h) Modification Except as required by paragraph (g) of this AD, at the applicable time specified in paragraphs (h)(1) or (h)(2) of this AD, modify the attaching parts of the lower eyelet fitting List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 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. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\15APP1.SGM 15APP1 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Proposed Rules of the cockpit windshield center-post, including a general visual inspection for any damage (cracks, dents, scratches) of the specified lower eyelet fitting, in accordance with Part II of the Accomplishment Instructions of EMBRAER Service Bulletin 145LEG–53–A032, Revision 01, dated September 24, 2013. If any damage is found during the general visual inspection, before further flight repair using a method approved by the Manager, International Branch, ANM– 116, Transport Airplane Directorate, FAA; or ˆ The Agencia Nacional de Aviacao Civil ¸˜ (ANAC) (or its delegated agent, or the Design Approval Holder (DAH) with ANAC design organization approval). For a repair method to be approved, the repair approval must specifically refer to this AD. The modification terminates the repetitive inspections required by paragraph (g) of this AD. (1) For airplanes identified as Group 1 in EMBRAER Service Bulletin 145LEG–53– A032, Revision 01, dated September 24, 2013, on which the actions specified in EMBRAER Service Bulletin 145LEG–53– 0021, has been done: Do the modification before the accumulation of 3,000 flight cycles after doing the actions specified in EMBRAER Service Bulletin 145LEG–53– 0021, or within 300 flight cycles after the effective date of this AD, whichever occurs later. (2) For airplanes identified as Group 2 in EMBRAER Service Bulletin 145LEG–53– A032, Revision 01, dated September 24, 2013: Do the modification before the accumulation of 3,000 total flight cycles, or within 300 flight cycles after the effective date of this AD, whichever occurs later. ehiers on DSK2VPTVN1PROD with PROPOSALS-1 (i) Credit for Previous Actions This paragraph provides credit for actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using EMBRAER Service Bulletin 145LEG–53–A032, dated September 20, 2013, which is not incorporated by reference in 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, 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, Washington 98057– 3356; telephone (425) 227–1175; fax (425) 227–1149. Information may be emailed to: 9ANM-116-AMOC-REQUESTS@faa.gov. 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. VerDate Mar<15>2010 14:49 Apr 14, 2014 Jkt 232001 (2) Airworthy Product: For any requirement in this AD to obtain corrective actions from a manufacturer, use these actions if they are FAA-approved. Corrective actions are considered FAA-approved if they were approved by the State of Design Authority (or its delegated agent, or the DAH with a State of Design Authority’s design organization approval). For a repair method to be approved, the repair approval must specifically refer to this AD. You are required to ensure the product is airworthy before it is returned to service. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directive 2013–10–02, dated October 23, 2013, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA–2014–0234. (2) 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 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. Issued in Renton, Washington, on April 1, 2014. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2014–08460 Filed 4–14–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–144468–05] RIN 1545–BE98 Disallowance of Partnership Loss Transfers, Mandatory Basis Adjustments, Basis Reduction in Stock of a Corporate Partner, Modification of Basis Allocation Rules for Substituted Basis Transactions, Miscellaneous Provisions; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correction to a notice of proposed rulemaking and notice of public hearing. AGENCY: This document contains corrections to a notice of proposed rulemaking and notice of public hearing SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 21163 (REG–144468–05) that was published in the Federal Register on Thursday, January 16, 2014. The proposed rules provide guidance on certain provisions of the American Jobs Creation Act of 2004 and conform the regulations to statutory changes in the Taxpayer Relief Act of 1997. DATES: Written or electronic comments and requests for a public hearing for the notice of proposed rulemaking published at 79 FR 3042, January 16, 2014, are still being accepted and must be received by April 16, 2014. FOR FURTHER INFORMATION CONTACT: Benjamin Weaver or Wendy Kribell at (202) 317–6850 (not a toll free number). SUPPLEMENTARY INFORMATION: Background The notice of proposed rulemaking and notice of public hearing (REG– 144468–05) that is the subject of these corrections is under sections 704, 732, 734, 743, 755, and 1502 of the Internal Revenue Code. Need for Correction As published, the notice of proposed rulemaking and notice of public hearing (REG–144468–05) contains errors that may prove to be misleading and are in need of clarification. Correction of Publication Accordingly, the notice of proposed rulemaking and notice of public hearing (REG–144468–05), that was the subject of FR Doc. 2014–00649, is corrected as follows: 1. On page 3042, in the preamble, third column, thirty-third line from the top of the page, the language ‘‘3,600.’’ is corrected to read ‘‘3,600 hours.’’. 2. On page 3042, in the preamble, third column, fortieth line from the top of the page, the language ‘‘burden: 2,700.’’ is corrected to read ‘‘burden: 2,700 hours.’’. 3. On page 3046, in the preamble, second column, twenty-fifth line of the first full paragraph, the language ‘‘1(b)(2)(iv)(f) (‘‘reverse section 704(c)’’ is corrected to read ‘‘1(b)(2)(iv)(f) or § 1.704–1(b)(2)(iv)(s) (‘‘reverse section 704(c)’’. 4. On page 3052, in the preamble, second column, tenth line from the bottom of the page, the language ‘‘Questions have been raised whether the’’ is corrected to read ‘‘Questions have been raised regarding whether the’’. 5. On page 3054, in the preamble, second column, seventh line from the top of the page, the language ‘‘by differences in the property’s adjusted’’ is corrected to read ‘‘by decreases in the E:\FR\FM\15APP1.SGM 15APP1

Agencies

[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Proposed Rules]
[Pages 21160-21163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08460]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0234; Directorate Identifier 2013-NM-220-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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[[Page 21161]]

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-
135BJ airplanes. This proposed AD was prompted by reports of failure of 
the bolts that connect the cockpit windshield center-post to the 
forward fuselage. This proposed AD would require 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. The modification would terminate the repetitive 
inspections. We are proposing 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: We must receive comments on this proposed AD by May 30, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed 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 
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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. 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 proposed 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. Comments will be available in the AD docket shortly after 
receipt.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0234; 
Directorate Identifier 2013-NM-220-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil, 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 for the specified products. 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 by searching for and locating it in 
Docket No. FAA-2014-0234.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145LEG-53-A032, Revision 1, 
dated September 24, 2013. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    In many FAA transport ADs, when the service information specifies 
to contact the manufacturer for further instructions if certain 
discrepancies are found, we typically include in the AD a requirement 
to accomplish the action using a method approved by either the FAA or 
the State of Design Authority (or its delegated agent).
    We have recently been notified that certain laws in other countries 
do not allow such delegation of authority, but some countries do 
recognize design approval organizations. In addition, we have become 
aware that some U.S. operators have used repair instructions that were 
previously approved by a State of Design Authority or a Design Approval 
Holder (DAH) as a method of compliance with this provision in FAA ADs. 
Frequently, in these cases, the previously approved repair instructions 
come from the airplane structural repair manual or the DAH repair 
approval statements that were not specifically developed to address the 
unsafe condition corrected by the AD. Using repair instructions that 
were not specifically approved for a particular AD creates the 
potential for doing repairs that were not developed to address the 
unsafe condition identified by the MCAI AD, the FAA AD, or the 
applicable service information, which

[[Page 21162]]

could result in the unsafe condition not being fully corrected.
    To prevent the use of repairs that were not specifically developed 
to correct the unsafe condition, this proposed AD would require that 
the repair approval specifically refer to the FAA AD. This change is 
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 use the 
phrase ``its delegated agent, or the DAH with State of Design Authority 
design organization approval, as applicable'' in this proposed AD to 
refer to a DAH authorized to approve required repairs for this proposed 
AD.

Clarification of Requirements

    Brazilian Airworthiness Directive 2013-10-02, dated October 23, 
2013, specifies that for those airplanes identified in Group 1 of 
EMBRAER Service Bulletin 145LEG-53-A032, Revision 01, dated September 
24, 2013, that have done certain actions specified in EMBRAER Service 
Bulletin 145LEG-53-0021, dated June 8, 2005, and EMBRAER Service 
Bulletin 145LEG-53-0021, Revision 01, dated July 13, 2007, to do those 
actions at certain compliance times. For those actions, this AD 
specifies the affected airplanes as airplanes identified in Group 1 of 
EMBRAER Service Bulletin 145LEG-53-A032, Revision 01, dated September 
24, 2013, that have done the actions specified in any revision of 
EMBRAER Service Bulletin 145LEG-53-0021. This difference has been 
coordinated with the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil.

Costs of Compliance

    We estimate that this proposed 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 proposed 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 
proposed 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 proposed 
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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2014-0234; Directorate Identifier 2013-NM-220-AD.

(a) Comments Due Date

    We must receive comments by May 30, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135BJ airplanes, certificated in any category, 
as identified in EMBRAER Service Bulletin 145LEG-53-A032, Revision 
01, dated September 24, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of failure of the bolts that 
connect the cockpit windshield center-post to the forward fuselage. 
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.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Detailed Inspection

    At the applicable time specified in paragraph (g)(1) or (g)(2) 
of this AD, do a detailed inspection to detect discrepancies on the 
attaching parts of the lower eyelet fitting of the cockpit 
windshield center-post and, if applicable, check whether the bolts 
are tightened, in accordance with Part I of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145LEG-53-A032, Revision 
01, dated September 24, 2013. If any discrepancy is found or if any 
bolt is not tightened, do the actions specified in paragraph (h) of 
this AD before further flight. Repeat the detailed inspection 
thereafter at intervals not to exceed 50 flight cycles until the 
modification required by paragraph (h) of this AD is done.
    (1) For airplanes identified as Group 1 in EMBRAER Service 
Bulletin 145LEG-53-A032, Revision 01, dated September 24, 2013, on 
which the actions of EMBRAER Service Bulletin 145LEG-53-0021, has 
been done: Do the detailed inspection within 3,000 flight cycles 
after accomplishment of the actions of EMBRAER Service Bulletin 
145LEG-53-0021, or within 50 flight cycles after the effective date 
of this AD, whichever occurs later.
    (2) For airplanes identified as Group 2 airplanes in EMBRAER 
Service Bulletin 145LEG-53-A032, Revision 01, dated September 24, 
2013: Do the detailed inspection before the accumulation of 3,000 
total flight cycles, or within 50 flight cycles after the effective 
date of this AD, whichever occurs later.

(h) Modification

    Except as required by paragraph (g) of this AD, at the 
applicable time specified in paragraphs (h)(1) or (h)(2) of this AD, 
modify the attaching parts of the lower eyelet fitting

[[Page 21163]]

of the cockpit windshield center-post, including a general visual 
inspection for any damage (cracks, dents, scratches) of the 
specified lower eyelet fitting, in accordance with Part II of the 
Accomplishment Instructions of EMBRAER Service Bulletin 145LEG-53-
A032, Revision 01, dated September 24, 2013. If any damage is found 
during the general visual inspection, before further flight repair 
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 its delegated 
agent, or the Design Approval Holder (DAH) with ANAC design 
organization approval). For a repair method to be approved, the 
repair approval must specifically refer to this AD. The modification 
terminates the repetitive inspections required by paragraph (g) of 
this AD.
    (1) For airplanes identified as Group 1 in EMBRAER Service 
Bulletin 145LEG-53-A032, Revision 01, dated September 24, 2013, on 
which the actions specified in EMBRAER Service Bulletin 145LEG-53-
0021, has been done: Do the modification before the accumulation of 
3,000 flight cycles after doing the actions specified in EMBRAER 
Service Bulletin 145LEG-53-0021, or within 300 flight cycles after 
the effective date of this AD, whichever occurs later.
    (2) For airplanes identified as Group 2 in EMBRAER Service 
Bulletin 145LEG-53-A032, Revision 01, dated September 24, 2013: Do 
the modification before the accumulation of 3,000 total flight 
cycles, or within 300 flight cycles after the effective date of this 
AD, whichever occurs later.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by 
paragraphs (g) and (h) of this AD, if those actions were performed 
before the effective date of this AD using EMBRAER Service Bulletin 
145LEG-53-A032, dated September 20, 2013, which is not incorporated 
by reference in 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, 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, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149. Information may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer, use these actions if they 
are FAA-approved. Corrective actions are considered FAA-approved if 
they were approved by the State of Design Authority (or its 
delegated agent, or the DAH with a State of Design Authority's 
design organization approval). For a repair method to be approved, 
the repair approval must specifically refer to this AD. You are 
required to ensure the product is airworthy before it is returned to 
service.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2013-10-02, dated October 
23, 2013, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating it in Docket No. FAA-2014-0234.
    (2) 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 
distrib@embraer.com.br; Internet http://www.flyembraer.com. 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.

    Issued in Renton, Washington, on April 1, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-08460 Filed 4-14-14; 8:45 am]
BILLING CODE 4910-13-P