[Federal Register Volume 69, Number 187 (Tuesday, September 28, 2004)]
[Proposed Rules]
[Pages 57888-57892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21644]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19176; Directorate Identifier 2003-NM-36-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) for all EMBRAER Model EMB-135 and -145 series airplanes. 
That AD currently requires repetitive inspections of the electrical 
connectors of the electric fuel pumps to detect discrepancies, and 
follow-on corrective actions. This proposed AD would extend the 
repetitive intervals for the inspections; add new criteria for 
replacing discrepant fuel pumps; add a new requirement for applying 
anti-corrosion spray; add a requirement to replace all fuel pumps with 
improved fuel pumps; and add repetitive inspections after all six fuel 
pumps are replaced. This proposed AD is prompted by the manufacturer's 
development of a new modification that addresses the unsafe condition 
in the existing AD. We are proposing this AD to prevent an ignition 
source in the fuel tank or adjacent dry bay, which could result in fire 
or explosion.

DATES: We must receive comments on this proposed AD by October 28, 
2004.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street SW, Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street SW, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.
    You can get the service information identified in this proposed AD 
from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--
CEP 12.225, Sao Jose dos Campos--SP, Brazil.
    You may examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or at the Docket Management Facility, U.S. 
Department of Transportation, 400 Seventh Street SW, room PL-401, on 
the plaza level of the Nassif Building, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

[[Page 57889]]

Docket Management System (DMS)

    The FAA has implemented new procedures for maintaining AD dockets 
electronically. As of May 17, 2004, new AD actions are posted on DMS 
and assigned a docket number. We track each action and assign a 
corresponding directorate identifier. The DMS AD docket number is in 
the form ``Docket No. FAA-2004-99999.'' The Transport Airplane 
Directorate identifier is in the form ``Directorate Identifier 2004-NM-
999-AD.'' Each DMS AD docket also lists the directorate identifier 
(``Old Docket Number'') as a cross-reference for searching purposes.

Comments Invited

    We invite you to submit any written relevant data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2004-19176; 
Directorate Identifier 2003-NM-36-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the proposed AD. We will 
consider all comments received by the closing date and may amend the 
proposed AD in light of those comments.
    We will post all comments we receive, without change, to http://dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this proposed AD. Using the search function of our 
docket web site, anyone can find and read the comments in any of our 
dockets, including the name of the individual who sent the comment (or 
signed the comment on behalf of an association, business, labor union, 
etc.). You may review the DOT's complete Privacy Act Statement in the 
Federal Register published on April 11, 2000 (65 FR 19477-78), or you 
may visit http://dms.dot.gov.
    We are reviewing the writing style we currently use in regulatory 
documents. We are interested in your comments on whether the style of 
this document is clear, and your suggestions to improve the clarity of 
our communications that affect you. You can get more information about 
plain language at http://www.faa.gov/language and http://www.plainlanguage.gov.

Examining the Docket

    You may examine the AD docket in person at the Docket Management 
Facility office between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The Docket Management Facility office 
(telephone (800) 647-5227) is located on the plaza level of the Nassif 
Building at the DOT street address stated in the ADDRESSES section. 
Comments will be available in the AD docket shortly after the DMS 
receives them.

Discussion

    The FAA has examined the underlying safety issues involved in 
recent fuel tank explosions on several large transport airplanes, 
including the adequacy of existing regulations, the service history of 
airplanes subject to those regulations, and existing maintenance 
practices for fuel tank systems. As a result of those findings, we 
issued a regulation titled ``Transport Airplane Fuel Tank System Design 
Review, Flammability Reduction and Maintenance and Inspection 
Requirements'' (67 FR 23086, May 7, 2001). In addition to new 
airworthiness standards for transport airplanes and new maintenance 
requirements, this rule included Special Federal Aviation Regulation 
No. 88 (``SFAR 88,'' Amendment 21-78, and subsequent Amendments 21-82 
and 21-83).
    Among other actions, SFAR 88 requires certain type design (i.e., 
type certificate (TC) and supplemental type certificate (STC)) holders 
to substantiate that their fuel tank systems can prevent ignition 
sources in the fuel tanks. This requirement applies to type design 
holders for large turbine-powered transport airplanes and for 
subsequent modifications to those airplanes. It requires them to 
perform design reviews and to develop design changes and maintenance 
procedures if their designs do not meet the new fuel tank safety 
standards. As explained in the preamble to the rule, we intended to 
adopt airworthiness directives to mandate any changes found necessary 
to address unsafe conditions identified as a result of these reviews.
    In evaluating these design reviews, we have established four 
criteria intended to define the unsafe conditions associated with fuel 
tank systems that require corrective actions. The percentage of 
operating time during which fuel tanks are exposed to flammable 
conditions is one of these criteria. The other three criteria address 
the failure types under evaluation: single failures, single failures in 
combination with another latent condition(s), and in-service failure 
experience. For all four criteria, the evaluations included 
consideration of previous actions taken that may mitigate the need for 
further action.
    Based on this process, we have determined that the actions 
identified in this AD are necessary to reduce the potential of ignition 
sources inside fuel tanks, which, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss of the 
airplane.
    On September 8, 2000, we issued AD 2000-19-02, amendment 39-11903 
(65 FR 56233, September 18, 2000), for all EMBRAER Model EMB-135 and -
145 series airplanes. That AD requires repetitive inspections of the 
electrical connectors of the electric fuel pumps to detect 
discrepancies, and follow-on corrective actions. That AD was prompted 
by a report of damage to the pins and elastomeric inserts in the 
hermetically sealed wire connectors of the electric fuel pumps located 
in the main wing fuel tanks. We issued that AD to prevent failure of 
the electrical connectors or electrical arcing across the connector 
pins of the pump, and consequent fuel fire or explosion.

Actions Since Existing AD Was Issued

    The preamble to AD 2000-19-02 stated that we considered the 
requirements ``interim action'' and that the manufacturer was 
developing a modification to address the unsafe condition. That AD 
explained that we may consider further rulemaking if a modification is 
developed, approved, and available. The manufacturer now has developed 
a modification, and we have determined that further rulemaking is 
indeed necessary; this proposed AD follows from that determination.

Relevant Service Information

    EMBRAER has issued Service Bulletin 145-28-0013, dated April 25, 
2001. This service bulletin supersedes EMBRAER Service Bulletin 145-28-
A013, dated August 16, 2000, which was cited in AD 2000-19-02 as the 
appropriate source of service information for accomplishing the actions 
required by that AD.
    EMBRAER Service Bulletin 145-28-0013 describes procedures for:
     Repetitive inspections of the electrical connectors of the 
fuel pumps to detect discrepancies such as corrosion, surface 
irregularities, damaged plating, blackened pins, damaged elastomeric 
inserts, cracks, erosion, or charring of the connector.
     Applying anti-corrosion spray on the male contacts of the 
fuel pump electrical connectors if no discrepancy is found.
     Replacing the fuel pumps with new, improved fuel pumps 
(with gold-plated connectors), and a follow-on inspection

[[Page 57890]]

of the mating aircraft connectors, if any discrepancy is found.
     Replacing only the socket contacts with new contacts 
having the same part number if no damage is found to the mating 
aircraft connectors; or replacing the affected connector with a new 
connector having the same part number if any damage is found to the 
mating aircraft connectors; and applying anti-corrosion spray on the 
male contacts of the electrical connectors for the new, improved fuel 
pumps.
    The Departmento de Aviacao Civil (DAC) mandated the service 
bulletin and issued Brazilian airworthiness directive 2000-08-01R2, 
dated February 13, 2002, to ensure the continued airworthiness of these 
airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Brazil and are 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. We have examined the DAC's findings, 
evaluated all pertinent information, and determined that AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would supersede AD 2000-
19-02 to continue to require repetitive inspections of the electrical 
connectors of the electric fuel pumps to detect discrepancies, and 
follow-on corrective actions. This proposed AD would also extend the 
repetitive intervals for the inspections; add new criteria for 
replacing discrepant fuel pumps, add a new requirement for applying 
anti-corrosion spray; add a requirement to replace all fuel pumps with 
improved fuel pumps; and add repetitive inspections after all six pumps 
are replaced. The proposed AD would require you to use the service 
information described previously to perform these actions, except as 
discussed under ``Differences Among the Proposed AD, the Service 
Bulletin, and the Brazilian Airworthiness Directive.''

Differences Among the Proposed AD, the Service Bulletin, and the 
Brazilian Airworthiness Directive

    The service bulletin states that you may replace the fuel pumps 
with electric fuel pumps that have part number (P/N) 2C7-1, but this 
proposed AD would require you to replace them with fuel pumps that have 
P/N 2C7-4.
    The Brazilian airworthiness directive does not give a time for 
replacing all six fuel pumps, but this proposed AD would require you to 
replace all six fuel pumps with new, improved pumps within 8,000 flight 
hours after the effective date of the proposed AD.
    We have coordinated these differences with the DAC.

Changes to Existing AD

    This proposed AD would retain all requirements of AD 2000-19-02. 
Since AD 2000-19-02 was issued, the AD format has been revised, and 
certain paragraphs have been rearranged. As a result, the corresponding 
paragraph identifiers have changed in this proposed AD, as listed in 
the following table:

                      Revised Paragraph Identifiers
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                                             Corresponding  requirement
       Requirement in AD 2000-19-02             in this  proposed AD
------------------------------------------------------------------------
Paragraph (a).............................  Paragraph (f).
Paragraph (b).............................  Paragraph (n).
Paragraph (c).............................  Paragraph (g).
Paragraph (d).............................  Paragraph (h).
------------------------------------------------------------------------

    We have also included a definition of ``general visual 
inspection,'' which was not included in the existing AD. This 
definition is in Note 1 of the proposed AD.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                         Number of
                                                          Average                                                          U.S.-
             Action                    Work hours       labor rate       Parts               Cost per airplane          registered        Fleet cost
                                                         per hour                                                        airplanes
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Inspections (required by AD 2000- 1 per inspection             $65  None...........  $65 per inspection..............           290  $18,850 per
 19-02).                           cycle.                                                                                             inspection cycle.
Repetitive inspections (new       1 per inspection              65  None...........  $65 per inspection cycle........           290  $18,850 per
 proposed action).                 cycle.                                                                                             inspection cycle.
Replacing the fuel pump (new      1 per pump (6 per             65  Free...........  $390............................           290  $113,100.
 proposed action).                 airplane).
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Regulatory Findings

    We have 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 that the 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); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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:


[[Page 57891]]


    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing amendment 39-11903 (65 FR 
56233, September 18, 2000) and adding the following new airworthiness 
directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2004-19176; Directorate Identifier 2003-NM-36-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by October 28, 2004.

Affected ADs

    (b) This AD supersedes AD 2000-19-02, amendment 39-11903.

Applicability

    (c) This AD applies to all EMBRAER Model EMB-135 and -145 series 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by the manufacturer's development of a 
new modification that addresses the unsafe condition in the AD 2000-
19-02. We are issuing this AD to prevent an ignition source in the 
fuel tank or adjacent dry bay, which could result in fire or 
explosion.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Restatement of the Requirements of AD 2000-19-02

Repetitive Inspections

    (f) 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 
electrometric 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 (f)(1), (f)(2), and 
(f)(3) of this AD, as applicable. Repeat the inspection thereafter 
at intervals not to exceed 400 flight hours until the inspection 
required by paragraph (i) of this AD is done.
    (1) For airplanes having 1,200 total flight hours or less as of 
October 3, 2000 (the effective date of AD 2000-19-02, amendment 39-
11903): 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 October 3, 2000: Within 
400 flight hours after October 3, 2000.
    (3) For airplanes having 4,000 total flight hours or more as of 
October 3, 2000: Prior to the accumulation of 4,400 total flight 
hours, or within 50 flight hours after October 3, 2000, whichever 
occurs later.

    Note 1: For the purposes of this AD, a general visual inspection 
is ``a visual examination of a interior or exterior area, 
installation or assembly to detect obvious damage, failure or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normal available lighting 
conditions such as daylight, hangar lighting, flashlight or drop-
light and may require removal or opening of access panels or doors. 
Stands, ladders or platforms may be required to gain proximity to 
the area being checked.''

Follow-On Corrective Actions

    (g) If any discrepancy (including blackened connector pins, 
damage to electrometric insert, cracks, erosion, or charring) is 
detected after accomplishment of any inspection required by 
paragraph (f) 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.
    (h) After accomplishment of the replacement required by 
paragraph (g) 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 
(h)(1) or (h)(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.

New Requirements of This AD

Inspections

    (i) Do a general visual inspection of the electrical connectors 
of the fuel pumps in the right- and left-hand wings to detect 
discrepancies (including any corrosion, surface irregularities, 
damaged plating, blackened pins, damaged elastomeric inserts, 
cracks, erosion, or charring of the connector). Do the first 
inspection at the applicable time in paragraph (i)(1) or (i)(2) of 
this AD, in accordance with Part I of the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-28-0013, dated April 
25, 2001. Repeat the inspection thereafter at intervals not to 
exceed 1,200 flight hours until all six fuel pumps are replaced in 
accordance with paragraph (k) or (l) of this AD. When all six fuel 
pumps have been replaced in accordance with paragraph (k) or (l) of 
this AD, repeat the inspection thereafter at intervals not to exceed 
8,000 flight hours. Doing the inspection required by this paragraph 
terminates the repetitive inspections required by paragraph (f) of 
this AD.
    (1) For airplanes that have been inspected in accordance with 
paragraph (f) of this AD as of the effective date of this AD: Within 
1,200 flight hours since the most recent inspection done in 
accordance with paragraph (f) of this AD.
    (2) For airplanes that have not been inspected in accordance 
with paragraph (f) of this AD as of the effective date of this AD: 
Within 1,200 flight hours after the effective date of this AD.

Corrective Action if No Discrepancy Is Found

    (j) If there is no evidence of a discrepancy found during any 
inspection required by paragraph (i) of this AD: Before further 
flight, apply anti-corrosion spray on the male contacts of the fuel 
pump electrical connectors in accordance with the Accomplishment 
Instructions of EMBRAER Service Bulletin 145-28-0013, dated April 
25, 2001.

Replacement if Any Discrepancy Is Found

    (k) If any evidence of a discrepancy is found during any 
inspection required by paragraph (i) of this AD: Before further 
flight, replace the electric fuel pump with a new electric fuel pump 
that has part number (P/N) 2C7-4, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0013, 
dated April 25, 2001. After the replacement, repeat the inspection 
required by paragraph (i) of this AD at the applicable interval in 
that paragraph.

Replacement

    (l) Within 8,000 flight hours after the effective date of this 
AD, replace any electric fuel pump that has not been replaced in 
accordance with paragraph (k) of this AD with a new electric fuel 
pump that has part number (P/N) 2C7-4, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 145-28-0013, 
dated April 25, 2001. After the replacement, repeat the inspection 
required by paragraph (i) of this AD at intervals not to exceed 
8,000 flight hours.

Inspection and Corrective Actions

    (m) Before further flight after replacing a fuel pump, as 
required by paragraph (k) and (l) of this AD: Do a general visual 
inspection for damage of the mating aircraft connectors; and do the 
applicable corrective action in paragraph (m)(1) or (m)(2) of this 
AD; in accordance with the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-28-0013, dated April 25, 2001.
    (1) If there is any sign of damage to the mating aircraft 
connectors: Replace the affected connector with a new connector, and 
apply anti-corrosion spray on the male contacts of the fuel pump 
electric connectors.
    (2) If there is no sign of damage to the mating aircraft 
connectors: Replace only the socket contacts with new socket 
contacts, and apply anti-corrosion spray on the male contacts of the 
fuel pump electric connectors.

Master Minimum Equipment List (MMEL)

    (n) The inspections required by paragraphs (f) and (i) of this 
AD apply 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

[[Page 57892]]

that no more than one fuel pump on each wing on the airplane is 
inoperative.

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

Parts Installation

    (o) As of the effective date of this AD, no person may install a 
fuel pump, P/N 2C7-1, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (p)(1) 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.
    (2) Alternative methods of compliance, approved previously per 
AD 2000-19-02, amendment 39-11903, are not approved as alternative 
methods of compliance with this AD.

Related Information

    (q) Brazilian airworthiness directive 2000-08-01R2, dated 
February 13, 2002, also addresses the subject of this AD.

    Issued in Renton, Washington, on September 20, 2004.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-21644 Filed 9-27-04; 8:45 am]
BILLING CODE 4910-13-P