[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Rules and Regulations]
[Pages 36011-36014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12301]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21598; Directorate Identifier 2005-NM-121-AD; 
Amendment 39-14159; AD 2005-13-22]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to all EMBRAER Model EMB-135 and -145 airplanes. The 
existing AD currently requires repetitive inspections of the electrical 
connectors of the electric fuel pumps to detect discrepancies, 
application of anti-corrosion spray, replacement of all fuel pumps with 
improved fuel pumps, repetitive inspections after all six fuel pumps 
are replaced, and applicable corrective actions. This new AD retains 
those requirements but revises the initial compliance time for an 
inspection for certain airplanes. This new AD is prompted by the need 
to correct a compliance time 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: Effective July 7, 2005.
    On May 19, 2005 (70 FR 19685, April 14, 2005), the Director of the 
Federal Register approved the incorporation by reference of EMBRAER 
Service Bulletin 145-28-0013, dated April 25, 2001.
    On October 3, 2000 (65 FR 56233, September 18, 2000), the Director 
of the Federal Register approved the incorporation by reference of 
EMBRAER Alert Service Bulletin S.B. 145-28-A013, dated August 16, 2000.
    We must receive any comments on this AD by August 22, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this 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.
    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.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person 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. This 
docket number is FAA-2005-21598; the directorate identifier for this 
docket is 2005-NM-121-AD.

Examining the Docket

    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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
(DMS) receives them.

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: On April 1, 2005, the FAA issued AD 2005-08-
02, amendment 39-14054 (70 FR 19685, April 14, 2005). That AD applies 
to 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, follow-on corrective 
actions, replacement of discrepant fuel pumps under certain conditions, 
application of anti-corrosion spray, eventual replacement of all fuel 
pumps with improved fuel pumps; and repetitive inspections after all 
six fuel pumps are replaced. That AD was prompted by the manufacturer's 
development of a new modification that

[[Page 36012]]

addresses the unsafe condition. The actions specified in that AD are 
intended to prevent an ignition source in the fuel tank or adjacent dry 
bay, which could result in fire or explosion.

Actions Since AD Was Issued

    Since we issued that AD, we have learned that paragraph (i)(2), as 
published in AD 2005-08-02, includes an incorrect compliance time. That 
AD incorrectly identified the compliance times in terms of ``flight 
cycles'' instead of ``flight hours.'' The inadvertent transposition 
occurred during the preparation of the final rule.

Explanation of Change to Applicability

    The FAA has revised the applicability of the existing AD to 
identify model designations as published in the most recent type 
certificate data sheet for the affected models.

FAA's Determination and Requirements of This 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.
    We are issuing this AD to supersede AD 2005-08-02. This new AD 
retains the requirements of the existing AD, with the sole change to 
the compliance time in paragraph (i)(2) described previously.

FAA's Determination of the Effective Date

    Providing notice and opportunity for public comment before the AD 
is issued is unnecessary as the substance of the AD is unchanged, and 
good cause exists to make this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-21598; 
Directorate Identifier 2005-NM-121-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the 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 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 can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

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 the 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 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 part 39 of the Federal Aviation Regulations (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 39-14054 (70 FR 
19685, April 14, 2005) and adding the following new AD:

2005-13-22 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 
No. FAA-2005-21598; Directorate Identifier 2005-NM-121-AD; Amendment 
39-14159.

Effective Date

    (a) This AD becomes effective July 7, 2005.

Affected ADs

    (b) This AD supersedes AD 2005-08-02, amendment 39-14054.
    Applicability: (c) This AD applies to all EMBRAER Model EMB-
135BJ, -135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-
145, -145ER, -145MR, and -145LR airplanes; certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by the need to correct a compliance 
time 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.
    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.

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.

[[Page 36013]]

    (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.

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 
pumps having part number (P/N) 2C7-4. 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 were inspected in accordance with 
paragraph (f) of this AD on or before May 19, 2005 (the effective 
date of AD 2005-08-02), but did not have all six P/N 2C7-4 pumps as 
of May 19, 2005: Within 1,200 flight hours since the most recent 
inspection done in accordance with paragraph (f) of this AD.
    (2) For airplanes that were inspected in accordance with 
paragraph (f) of this AD on or before May 19, 2005, that had all six 
P/N 2C7-4 pumps as of May 19, 2005: Within 8,000 flight hours since 
replacement of all six pumps with P/N 2C7-4 pumps, or within 2,000 
flight hours after the effective date of this AD, whichever occurs 
later.
    (3) For airplanes that were not inspected in accordance with 
paragraph (f) of this AD on or before May 19, 2005: Within 1,200 
flight hours after May 19, 2005.

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.

Material Incorporated by Reference

    (p) Unless the AD specifies otherwise, 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.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
145-28-0013, dated April 25, 2001, was approved previously by the 
Director of the Federal Register as of May 19, 2005 (70 FR 19685, 
April 14, 2005).
    (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) To get copies of the service information, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil. To view the AD docket, go to the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC. To 
review copies of the service information, go to the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.


[[Page 36014]]


    Issued in Renton, Washington, on June 15, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12301 Filed 6-21-05; 8:45 am]
BILLING CODE 4910-13-P