[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Proposed Rules]
[Pages 51815-51818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18500]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3143; Directorate Identifier 2015-NM-047-AD]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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[[Page 51816]]

SUMMARY: We are revising an earlier proposed airworthiness directive 
(AD) for certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model 
EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, 
and -145EP airplanes. The NPRM proposed to require a detailed 
inspection for chafing on the electrical harness of each electrical 
fuel pump in the fuel tanks, replacement of the affected electrical 
fuel pump with a new or serviceable pump if necessary, and installation 
of clamps on the fuel pump electrical harnesses. The NPRM was prompted 
by a report of chafing found between the fuel pump electrical harness 
and the fuel pump tubing during scheduled maintenance. This action 
revises the NPRM by expanding the proposed applicability and revising 
the compliance time for the detailed inspection. We are proposing this 
supplemental NPRM (SNPRM) to detect and correct chafing of the fuel 
pump harnesses with other parts inside the fuel tank, which could 
present a potential ignition source that could result in a fire or fuel 
tank explosion. Since certain actions impose an additional burden over 
those proposed in the NPRM, we are reopening the comment period to 
allow the public the chance to comment on these proposed changes.

DATES: We must receive comments on this SNPRM by September 19, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 SNPRM, 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 [email protected]; 
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-2015-
3143; 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 
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-2015-3143; 
Directorate Identifier 2015-NM-047-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

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain Empresa Brasileira 
de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and Model EMB-
145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. The NPRM 
published in the Federal Register on August 21, 2015 (80 FR 50812) 
(``the NPRM'').

Actions Since Previous NPRM was Issued

    Since we issued the NPRM, we have determined that certain airplanes 
were inadvertently omitted from the applicability, and the compliance 
time for the detailed inspection required by paragraph (h)(1) of this 
AD must be revised to ``within 5,000 flight hours or 24 months after 
the effective date of this AD, whichever occurs first.''
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2015-03-01, effective March 23, 2015 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition on certain Empresa 
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and 
Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. 
The MCAI states:

    Chafing between the fuel pump electrical harness and fuel pump 
tubing was detected during scheduled maintenance. We are issuing 
this [Brazilian] AD to protect the fuel pump harnesses against 
chafing with other parts inside the fuel tank, which could present a 
potential ignition source that could result in a fire or fuel tank 
explosion.

    The required actions include a detailed inspection for chafing on 
the electrical harness of each electrical fuel pump in the fuel tanks, 
replacement of the affected electrical fuel pump with a new or 
serviceable pump if necessary, and installation of clamps on the fuel 
pump electrical harnesses. You may examine the MCAI in the AD docket on 
the Internet at http://www.regulations.gov by searching for and 
locating Docket No. FAA-2015-3143.

Related Service Information Under 1 CFR Part 51

    Embraer has issued Service Bulletin 145-28-0030, Revision 01, dated 
October 22, 2010; and Service Bulletin 145LEG-28-0032, Revision 01, 
dated November 20, 2012. The service information describes procedures 
for a detailed inspection for chafing on the electrical harness of each 
electrical fuel pump in the fuel tanks, replacement of the affected 
electrical fuel pump with a new or serviceable pump if necessary, and 
installation of clamps on the fuel pump electrical harnesses. This 
service information is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

[[Page 51817]]

Comments

    We gave the public the opportunity to participate in developing 
this proposed AD. We considered the comments received.

Request To Clarify Airplane Applicability

    ExpressJet Airlines stated that the airplane effectivity in Embraer 
Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010, 
included Model EMB-145XR airplanes. ExpressJet Airlines stated that 
Model EMB-145XR airplanes are not included in paragraph (c), 
``Applicability,'' of the proposed AD (in the NPRM) and asked if this 
is the intent of the NPRM or if the Model EMB-145XR airplanes should be 
included.
    We agree with the commenter to clarify the applicability of this 
SNPRM. Although ANAC unintentionally omitted Model EMB-145XR airplanes 
from the applicability of its AD, the serial numbers corresponding to 
Model EMB-145XR airplanes are identified in the Embraer Service 
Bulletin 145-28-0030, Revision 01, dated October 22, 2010. We have 
added Model EMB-145XR airplanes to the applicability of this SNPRM. We 
have coordinated this issue with ANAC.

Request To Extend the Compliance Time

    ExpressJet requested that we revise the compliance time for the 
detailed inspection in the proposed AD (in the NPRM) to ``within 5,000 
flight hours or 24 months after the effective date of this AD, 
whichever occurs first,'' instead of ``within 2,500 flight hours or 24 
months after the effective date of this AD, whichever occurs first.'' 
ExpressJet stated that this would allow the majority of the airplanes 
to be inspected during a C-check interval, which would be the most 
effective time to accomplish the task as the fuel tanks have to be 
drained and vented for the inspection to be performed. ExpressJet 
commented that these limits also line up with the current 
recommendations in the service information.
    We agree with the commenter for the reasons stated previously. Data 
from Embraer confirms that increasing the flight hours another 2,500 
flight hours is acceptable. We have changed this SNPRM accordingly.

FAA's Determination and Requirements of This SNPRM

    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 these 
same type designs.
    Certain changes described above expand the scope of the NPRM. As a 
result, we have determined that it is necessary to reopen the comment 
period to provide additional opportunity for the public to comment on 
this SNPRM.

Costs of Compliance

    We estimate that this SNPRM affects 731 airplanes of U.S. registry.
    We estimate that it would take about 11 work-hours per product to 
comply with the new basic requirements of this SNPRM. The average labor 
rate is $85 per work-hour. Required parts would cost about $0 per 
product. Based on these figures, we estimate the cost of this SNPRM on 
U.S. operators to be $683,485, or $935 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 6 work-hours and would require parts costing $11,242, for a 
cost of $11,752 per product. We have no way of determining the number 
of aircraft that might need this action.
    According to the manufacturer, some of the costs of this SNPRM may 
be covered under warranty, thereby reducing the cost impact on affected 
individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all costs in our cost 
estimate.

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-
2015-3143; Directorate Identifier 2015-NM-047-AD.

(a) Comments Due Date

    We must receive comments by September 19, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1) 
and (c)(2) of this AD.
    (1) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-
135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -
145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes, 
certificated in any category, as identified in Embraer Service 
Bulletin 145-28-0030, Revision 01, dated October 22, 2010.
    (2) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-
135BJ airplanes,

[[Page 51818]]

certificated in any category, as identified in Embraer Service 
Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by a report of chafing found between the 
fuel pump electrical harness and the fuel pump tubing during 
scheduled maintenance. We are issuing this AD to detect and correct 
chafing of the fuel pump harnesses with other parts inside the fuel 
tank, which could present a potential ignition source that could 
result in a fire or fuel tank explosion.

(f) Compliance

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

(g) Detailed Inspection and Corrective Action

    Do the actions specified in paragraphs (g)(1) and (g)(2) of this 
AD at the applicable times specified in paragraph (h)(1) or (h)(2) 
of this AD.
    (1) Do a detailed inspection for chafing on the electrical 
harness of each electrical fuel pump in the fuel tanks, in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 145-28-0030, Revision 01, dated October 22, 2010 (for Model 
EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, 
-145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes); or 
Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 
20, 2012 (for Model EMB-135BJ airplanes). If any chafing is found, 
before further flight, replace the affected electrical fuel pump 
with a new or serviceable pump having the same part number, in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 145-28-0030, Revision 01, dated October 22, 2010; or 
Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 
20, 2012; as applicable.
    (2) Install clamps on the fuel pump electrical harnesses, in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 145-28-0030, Revision 01, dated October 22, 2010 (for Model 
EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, 
-145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes); or 
Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 
20, 2012 (for Model EMB-135BJ airplanes).

(h) Compliance Times

    (1) For Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; 
and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and -
145XR airplanes: Do the actions specified in paragraph (g) of this 
AD within 5,000 flight hours or 24 months after the effective date 
of this AD, whichever occurs first.
    (2) For Model EMB-135BJ airplanes: Do the actions specified in 
paragraph (g) of this AD within 4,800 flight hours or 48 months 
after the effective date of this AD, whichever occurs first.

(i) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Embraer Service Bulletin 145-28-0030, dated 
September 1, 2010 (for Model EMB-135ER, -135KE, -135KL, and -135LR 
airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -
145EP, and -145XR airplanes); or Embraer Service Bulletin 145LEG-28-
0032, dated September 15, 2011 (for Model EMB-135BJ airplanes), as 
applicable. This service information 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, Transport Airplane Directorate, 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, 
WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. Information 
may be emailed to: [email protected]. 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished 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 
ANAC's authorized Designee. If approved by the ANAC Designee, the 
approval must include the Designee's authorized signature.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2015-03-01, effective March 
23, 2015, for related information. This MCAI may be found in the AD 
docket on the Internet by searching for and locating Docket No. FAA-
2015-3143.
    (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 
[email protected]; 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 July 25, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-18500 Filed 8-4-16; 8:45 am]
BILLING CODE 4910-13-P