[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Rules and Regulations]
[Pages 19685-19688]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7282]


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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; 
Amendment 39-14054; AD 2005-08-02]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to 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 new AD extends 
the repetitive intervals for the inspections; adds new criteria for 
replacing discrepant fuel pumps; adds a new requirement for applying 
anti-corrosion spray; adds a requirement to replace all fuel pumps with 
improved fuel pumps; and adds repetitive inspections after all six fuel 
pumps are replaced. This AD is prompted by the manufacturer's 
development of a new modification that addresses the unsafe condition 
in the existing AD. 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.

DATES: This AD becomes effective May 19, 2005.
    The incorporation by reference of certain service information, as 
listed in the AD, is approved by the Director of the Federal Register 
as of May 19, 2005.
    On October 3, 2000 (65 FR 56233, September 18, 2000), the Director 
of the Federal Register approved the incorporation by reference of 
certain other service information.

ADDRESSES: For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    Docket: The AD docket contains the proposed AD, comments, and any 
final disposition. You can examine the AD docket on the Internet at 
http://dms.dot.gov, or 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 U.S. 
Department of Transportation, 400 Seventh Street SW., room PL-401, 
Washington, DC. This docket number is FAA-2004-19176; the directorate 
identifier for this docket is 2003-NM-36-AD.

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: The FAA proposed to amend part 39 of the 
Federal Aviation Regulations (14 CFR part 39) with an AD to supersede 
AD 2000-19-02, amendment 39-11903 (65 FR 56233, September 18, 2000). 
The existing AD applies to all EMBRAER Model EMB-135 and -145 series 
airplanes. The proposed AD was published in the Federal Register on 
September 28, 2004 (69 FR 57888), to 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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments that have been 
submitted on the proposed AD.

Request to Extend Compliance Time

    One commenter, an operator, ended the repetitive inspections 
required by AD 2000-19-02 for its fleet after completing an approved 
alternative method of compliance (AMOC) with that AD (after all pumps 
had been upgraded to part number (P/N) 2C7-4). As a result, the 
operator would need more time to reinstitute the inspections specified 
in the new proposed AD. The commenter requests that we extend the 
proposed compliance time from 1,200 to 2,000 flight hours.
    We agree. We find that P/Ns 2C7-4 must be inspected and sprayed 
within 8,000 flight cycles after their replacement, and repeated 
thereafter at intervals not to exceed 8,000 flight cycles. Therefore, 
for airplanes that have all P/N 2C7-4 pumps, we have revised the 
initial compliance times specified in paragraph (i) of this AD 
accordingly.

Request to Change Replacement Part Requirement

    The commenter (the manufacturer) opposes the proposed requirement 
to replace P/N 2C7-1 only with P/N 2C7-4. From the parallel Brazilian 
airworthiness directive 2000-08-01R2, dated February 13, 2002, the 
commenter concludes that the electric fuel pumps with P/Ns 2C7-1 and 
2C7-4 would be equally airworthy, if they are inspected within 1,200- 
and 8,000-flight-hour intervals, respectively. The commenter adds that 
the Brazilian action allows the 8,000-flight-hour interval only when 
all pumps on the airplane are P/N 2C7-4. The commenter considers the 
procedures of EMBRAER Service Bulletin 145-28-0013, dated April 25, 
2001, ``technically acceptable as a `terminal action' to prevent fuel 
tanks and surrounding areas from ignition sources.'' (The proposed AD 
specified that service bulletin as the source of service information 
for the new inspections.) The commenter states that the improvements to 
the P/N 2C7-4 pump should allow its repetitive inspection interval to 
be extended. The commenter therefore requests that we revise the 
proposed AD to change the replacement part in paragraph (k) from a 
``new electric fuel pump that has part number (P/N) 2C7-4'' to a 
``serviceable component'' and remove paragraphs (l) and (o) from the 
proposed AD. (Paragraph (l) would ensure that all pumps are P/N 2C7-4; 
paragraph (o) would prohibit installing P/N 2C7-1.) The commenter 
provides the following additional support for this request:
     Periodic inspections and anti-corrosion spray application 
within short intervals were effective in avoiding blackened and damaged 
P/N 2C7-1 pumps.
     There have been no reports of failed pumps due to 
blackened pins since the service bulletin was released.
     Pumps with blackened pins have functioned properly when 
removed during the required inspections.
     The results of the manufacturer's SFAR 88 critical 
analysis indicate that maintaining a pump having P/N 2C7-1 according to 
the service bulletin would fulfill the requirements of the proposed AD.
    We agree with the request. We have determined that undamaged pumps 
with P/N 2C7-1 will be adequate if they

[[Page 19686]]

are lubricated, sprayed, and inspected within 1,200-flight-hour 
intervals. We have revised paragraph (k), removed paragraphs (l) and 
(o), and redesignated the paragraphs accordingly in this final rule.

Request To Extend Repetitive Interval

    In light of existing operational data, the commenter (an operator) 
requests that we extend the proposed repetitive inspection interval 
from 8,000 to 10,000 flight hours. The commenter states that this 
adjustment would align with current maintenance review board 
limitations and save operators considerable expense associated with the 
additional maintenance. The commenter adds that the previously 
described AMOC for AD 2000-19-02 allowed the inspections of its fleet 
to be terminated, and notes that no indications of the identified 
issues exist.
    We disagree with the request to extend the repetitive interval. The 
commenter did not explain how the data would demonstrate that the 
unsafe condition would be addressed. If additional data are presented 
that would justify a longer compliance time, we may consider further 
rulemaking on this issue. In light of this, and in consideration of the 
amount of time that has already elapsed since issuance of the original 
notice, we have determined that further delay of this final rule is not 
appropriate. However, paragraph (n)(1) of this final rule provides 
affected operators the opportunity to apply for an adjustment of the 
compliance time if the operator also presents data that justify the 
adjustment.

Additional Change to Proposed AD

    The final sentence of proposed paragraph (i) read as follows: 
``Doing the inspection required by this paragraph terminates the 
repetitive inspections required by paragraph (f) of this AD.'' We have 
revised paragraph (i) in this final rule to clarify that accomplishment 
of the initial inspection only is terminating action.

Conclusion

    We have carefully reviewed the available data, including the 
comments that have been submitted, and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We have determined that these changes will neither increase 
the economic burden on any operator nor increase the scope of the 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                          Cost per         U.S.-
            Action                Work hours      labor rate        Parts           airplane       registered                  Fleet cost
                                                   per hour                                        airplanes
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Inspections (required by AD    1 per inspection          $65  None............  $65 per                   290  $18,850 inspection per cycle.
 2000-19-02).                   cycle.                                           inspection.
Repetitive inspections (new    1 per inspection          $65  None............  $65 per                   290  $18,850 per inspection cycle.
 proposed action).              cycle.                                           inspection
                                                                                 cycle.
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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 have determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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 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, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 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 removing amendment 39-11903 (65 FR 
56233, September 18, 2000) and adding the following new airworthiness 
directive (AD):

2005-08-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14054. Docket No. FAA-2004-19176; Directorate 
Identifier 2003-NM-36-AD.

Effective Date

    (a) This AD becomes effective May 19, 2005.

[[Page 19687]]

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 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), (i)(2), or 
(i)(3) 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 with 
P/N 2C7-4 pumps. When all six fuel pumps have been replaced with P/N 
2C7-4 pumps, repeat the inspection thereafter at intervals not to 
exceed 8,000 flight hours. Doing the initial 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 but do 
not have all six P/N 2C7-4 pumps: Within 1,200 flight hours since 
the most recent inspection done in accordance with paragraph (f) of 
this AD.
    (2) For airplanes inspected in accordance with paragraph (f) of 
this AD as of the effective date of this AD that have all six P/N 
2C7-4 pumps: Within 8,000 flight cycles since replacement of all six 
pumps with P/N 2C7-4 pumps, or within 2,000 flight cycles after the 
effective date of this AD, whichever occurs later.
    (3) 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 serviceable pump 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.

Inspection and Corrective Actions

    (l) Before further flight after replacing a fuel pump, as 
required by paragraph (k) of this AD: Do a general visual inspection 
for damage of the mating aircraft connectors; and do the applicable 
corrective action in paragraph (l)(1) or (l)(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)

    (m) 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 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.

Alternative Methods of Compliance (AMOCs)

    (n)(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

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

[[Page 19688]]

Material Incorporated by Reference

    (p) You must use EMBRAER Alert Service Bulletin S.B. 145-28-
A013, dated August 16, 2000; and EMBRAER Service Bulletin 145-28-
0013, dated April 25, 2001; as applicable; to perform the actions 
that are required by this AD, unless the AD specifies otherwise.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
145-28-0013, dated April 25, 2001, is approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The incorporation by reference of EMBRAER Alert Service 
Bulletin S.B. 145-28-A013, dated August 16, 2000, was approved 
previously by the Director of the Federal Register as of October 3, 
2000 (65 FR 56233, September 18, 2000).
    (3) 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 National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call (202) 
741-6030, or go to http://www.archives.gov/ federal--register/code--
of--federal--regulations/ ibr--locations.html.

    Issued in Renton, Washington, on April 1, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-7282 Filed 4-13-05; 8:45 am]
BILLING CODE 4910-13-P