[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)]
[Rules and Regulations]
[Pages 27419-27422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12168]


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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; 
Amendment 39-18924; AD 2017-12-09]
RIN 2120-AA64


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

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, 
and -145XR airplanes. This AD was prompted by a report of chafing found 
between the fuel pump electrical harness and the fuel pump tubing 
during scheduled maintenance. This AD requires 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. We are issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective July 20, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 20, 
2017.

ADDRESSES: For service information identified in this final rule, 
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. It is also 
available on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-3143.

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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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:

Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) 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, -145EP, 
and -145XR airplanes. The SNPRM published in the Federal Register on 
August 5, 2016 (81 FR 51815) (``the SNPRM''). We preceded the SNPRM 
with a notice of proposed rulemaking (NPRM) that published in the 
Federal Register on August 21, 2015 (80 FR 50812) (``the NPRM''). 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

[[Page 27420]]

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. The SNPRM 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 SNPRM also 
proposed to require revising the NPRM by expanding the proposed 
applicability and revising the compliance time for the detailed 
inspection. 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.
    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 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 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the SNPRM or on the determination 
of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and 
the public interest require adopting this AD as proposed except for 
minor editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
SNPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Embraer Service Bulletin 145-28-0030, Revision 01, 
dated October 22, 2010; and Embraer 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. These documents are distinct since they apply to different 
airplane models. 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.

Costs of Compliance

    We estimate that this AD affects 731 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection and installation........  11 work-hours x $85 per                  $0            $935        $683,485
                                      hour = $935.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that will be required based on the results of the required inspection. 
We have no way of determining the number of aircraft that might need 
this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement................................  6 work-hours x $85 per hour = $510.         $11,242         $11,752
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this AD 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

[[Page 27421]]

products identified in this rulemaking action.

Regulatory Findings

    We 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 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.

Adoption of the Amendment

    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 adding the following new airworthiness 
directive (AD):

2017-12-09 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-18924; Docket No. FAA-2015-3143; Directorate Identifier 
2015-NM-047-AD.

(a) Effective Date

    This AD is effective July 20, 2017.

(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, 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.

(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 the attention of 
the person identified in paragraph (k)(2) of this AD. 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.
    (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 at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-3143.
    (2) For more information about this AD, 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.
    (3) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (l)(3) and (l)(4) of this AD.

[[Page 27422]]

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Embraer Service Bulletin 145-28-0030, Revision 01, dated 
October 22, 2010.
    (ii) Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated 
November 20, 2012.
    (3) 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.
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 2, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-12168 Filed 6-14-17; 8:45 am]
 BILLING CODE 4910-13-P