[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Rules and Regulations]
[Pages 56233-56236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23580]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000-NM-300-AD; Amendment 39-11903; AD 2000-19-02]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and EMB-145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to all EMBRAER Model EMB-135 and EMB-145 series 
airplanes. This action requires repetitive inspections of the 
electrical connectors of the electric fuel pumps to detect 
discrepancies, and follow-on corrective actions. This action is 
necessary to prevent failure of the electrical connectors of the fuel 
pumps, which

[[Page 56234]]

could result in fuel leakage from the connectors or electrical arcing 
across the connector pins of the pump, and consequent fuel fire or 
explosion.

DATES: Effective October 3, 2000.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 3, 2000.
    Comments for inclusion in the Rules Docket must be received on or 
before October 18, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2000-NM-300-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via the Internet must contain 
``Docket No. 2000-NM-300-AD'' in the subject line and need not be 
submitted in triplicate. Comments sent via fax or the Internet as 
attached electronic files must be formatted in Microsoft Word 97 for 
Windows or ASCII text.
    The service information referenced in this AD may be obtained from 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil. This information may be 
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, 
SW., Renton, Washington; or at the FAA, Atlanta Aircraft Certification 
Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, 
Georgia; or at the Office of the Federal Register, 800 North Capitol 
Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Linda M. Haynes, Aerospace Engineer, 
Airframe and Propulsion Branch, ACE-117A, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30337-2748; 
telephone (770) 703-6091; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, notified the FAA that 
an unsafe condition may exist on all EMBRAER Model EMB-135 and EMB-145 
series airplanes. The DAC advises that it received a report of damage 
to the pins and elastomeric inserts in the hermetically sealed wire 
connectors of the electrical fuel pumps located in the main wing fuel 
tanks. Such damage can lead to the failure of certain electrical 
connectors due to heat generation caused by erosion of the connectors 
and subsequent arcing across the connector pins of the fuel pump. This 
condition, if not corrected, could result in fuel fire or explosion.

Explanation of Relevant Service Information

    The manufacturer has issued Embraer Alert Service Bulletin S.B. 
145-28-A013, dated August 16, 2000, which describes procedures for 
repetitive visual inspections of the electrical connectors of the fuel 
pumps to detect discrepancies (including blackened connector pins, 
damage to elastomeric insert, cracks, erosion or charring), and follow-
on corrective actions. The follow-on actions consist of replacement of 
the fuel pump if discrepancies are detected, inspection of mating 
airplane connectors for damage, and replacement of the airplane 
connectors with new connectors, if damaged. Additionally, if there are 
no discrepancies, the service bulletin specifies replacement of the 
socket contacts of the connectors with new contacts. The service 
bulletin references the Embraer Wiring Manual which describes 
procedures for replacement of the connectors and socket contacts; and 
the Embraer Airplane Maintenance Manual which describes procedures for 
replacement of the fuel pump.
    The DAC classified this alert service bulletin as mandatory and 
issued Brazilian airworthiness directive 2000-08-01, dated August 25, 
2000, in order to assure the continued airworthiness of these airplanes 
in Brazil.

FAA's Conclusions

    These airplane models are manufactured in Brazil and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DAC has kept the FAA informed of 
the situation described above. The FAA has examined the findings of the 
DAC, reviewed all available information, and determined that AD action 
is necessary for products of this type design that are certificated for 
operation in the United States.

Explanation of Requirements of Rule

    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, this AD is being issued to prevent failure of the 
electrical connectors of the fuel pumps, which could result in leakage 
of fuel from the electrical connector or electrical arcing across the 
connector pins of the pump, and consequent fuel fire or explosion. This 
AD requires repetitive inspections of the electrical connectors of the 
fuel pumps to detect discrepancies, and follow-on corrective actions. 
The actions are required to be accomplished in accordance with the 
alert service bulletin described previously, except as discussed below.

Interim Action

    This is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
positively address the unsafe condition addressed by this AD. Once this 
modification is developed, approved, and available, the FAA may 
consider additional rulemaking.

Differences Between Rule and Related Service Information

    Operators should note that although the alert service bulletin 
specifies replacement of the electric fuel pump only where greater than 
30% of the wire connector pin surface is blackened, discolored, or 
charred, this AD mandates replacement of the fuel pump if any 
discrepancies (including blackened connector pins, damage to 
elastomeric insert, cracks, erosion or charring), are detected. The FAA 
has determined that, because of the safety implications and 
consequences associated with any blackening, discoloration, or charring 
(which are indicative of electrical arcing and a possible ignition 
source in close proximity to the fuel tank), any discrepant fuel pump 
and its mating airplane connector must be replaced before further 
flight.
    The alert service bulletin specifies accomplishment of the 
repetitive inspections every 400 flight hours or at the next 'A' check. 
The FAA finds that such a compliance time will not ensure that the 
repetitive inspections are accomplished in a timely manner. In 
developing an appropriate compliance time for the inspections, the FAA 
considered not only the manufacturer's recommendation, but the degree 
of urgency associated with addressing the subject unsafe condition, as 
well as the compliance time for the actions required. The FAA finds 
accomplishment of the repetitive inspections at intervals not to exceed 
400 flight hours after accomplishment of

[[Page 56235]]

the initial inspection, as specified in the Brazilian airworthiness 
directive, to be warranted, in that those intervals represent an 
appropriate amount of time allowable for affected airplanes to continue 
to operate without compromising safety.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications shall identify the Rules Docket number and be submitted 
in triplicate to the address specified under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Submit comments using the following format:
     Organize comments issue-by-issue. For example, discuss a 
request to change the compliance time and a request to change the 
service bulletin reference as two separate issues.
     For each issue, state what specific change to the AD is 
being requested.
     Include justification (e.g., reasons or data) for each 
request.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 2000-NM-300-AD.'' The postcard will be date stamped 
and returned to the commenter.

Regulatory Impact

    The regulations adopted herein 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. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared and placed in the Rules Docket.
    A copy of it, if filed, may be obtained from the Rules Docket at 
the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (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. Section 39.13 is amended by adding the following new 
airworthiness directive:

2000-19-02  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-11903. Docket 2000-NM-300-AD.

    Applicability: All Model EMB-135 and EMB-145 series airplanes, 
certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (e) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the electrical connectors of the fuel 
pumps, which could result in fuel leakage from the connectors or 
electrical arcing across the connector pins of the pump, and 
consequent fuel fire or explosion; accomplish the following:

Repetitive Inspections

    (a) Perform a general visual inspection of the electrical 
connectors of the fuel pumps in the right- and left-hand wings to 
detect discrepancies (including blackened connector pins, damage to 
elastomeric insert, cracks, erosion or charring), in accordance with 
Embraer Alert Service Bulletin S.B. 145-28-A013, dated August 16, 
2000, at the times specified in paragraphs (a)(1), (a)(2), and 
(a)(3) of this AD, as applicable. Repeat the inspection thereafter 
at intervals not to exceed 400 flight hours.
    (1) For airplanes having 1,200 total flight hours or less as of 
the effective date of this AD: Prior to the accumulation of 1,600 
total flight hours.
    (2) For airplanes having more than 1,200 total flight hours, but 
less than 4,000 total flight hours as of the effective date of this 
AD: Within 400 flight hours after the effective date of this AD.
    (3) For airplanes having 4,000 total flight hours or more as of 
the effective date of this AD: Prior to the accumulation of 4,400 
total flight hours or within 50 flight hours after the effective 
date of this AD, whichever occurs later.

Master Minimum Equipment List (MMEL)

    (b) The inspection required by paragraph (a) of this AD applies 
to the six electric fuel pumps in the right- and left-hand wings 
(three pumps in each wing). For pump replacement planning purposes, 
the airplane may be operated in accordance with the provisions and 
limitations specified in an operator's FAA-approved MMEL, provided 
that no more than one fuel pump on each wing on the airplane is 
inoperative.

    Note 2: When operating under the MMEL, the unusable fuel 
quantity as referenced in the Limitations Section of the appropriate 
FAA-approved Airplane Flight Manual (AFM) must be complied with.

Follow-On Corrective Actions

    (c) If any discrepancy (including blackened connector pins, 
damage to elastomeric insert, cracks, erosion or charring) is 
detected after

[[Page 56236]]

accomplishment of any inspection required by paragraph (a) of this 
AD: Before further flight, replace the fuel pump and its mating 
airplane connector in accordance with Embraer Alert Service Bulletin 
S.B. 145-28-A013, dated August 16, 2000.
    (d) After accomplishment of the replacement required by 
paragraph (c) of this AD, before further flight: Perform a general 
visual inspection of the electrical connectors adjacent to the fuel 
pump to detect damage (visible cracks, erosion or charring), in 
accordance with Embraer Alert Service Bulletin S.B. 145-28-A013, 
dated August 16, 2000, and accomplish the requirements in paragraph 
(c)(1) or (c)(2) of this AD, as applicable.
    (1) If any damage is detected, before further flight, replace 
the connectors with new ones in accordance with the alert service 
bulletin.
    (2) If no damage is detected, before further flight, replace 
only the socket contacts with new contacts in accordance with the 
alert service bulletin.

Alternative Methods of Compliance

    (e) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Atlanta Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Atlanta ACO.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Atlanta

Special Flight Permits

    (f) Special flight permits may be issued in accordance with 
Secs. 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 
21.197 and 21.199) to operate the airplane to a location where the 
requirements of this AD can be accomplished.

Incorporation by Reference

    (g) The actions shall be done in accordance with Embraer Alert 
Service Bulletin S.B. 145-28-A013, dated August 16, 2000. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Empresa Brasileira de Aeronautica 
S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, 
Brazil. Copies may be inspected at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the 
FAA, Atlanta Aircraft Certification Office, One Crown Center, 1895 
Phoenix Boulevard, suite 450, Atlanta, Georgia; or at the Office of 
the Federal Register, 800 North Capitol Street, NW., suite 700, 
Washington, DC.

    Note 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 2000-08-01, dated August 25, 2000.

    (h) This amendment becomes effective on October 3, 2000.

    Issued in Renton, Washington, on September 8, 2000.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-23580 Filed 9-15-00; 8:45 am]
BILLING CODE 4910-13-U