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[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Proposed Rules]
[Pages 50812-50814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20589]

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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: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt 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, and -145EP 
airplanes. This proposed AD was prompted by a report of chafing between 
the fuel pump electrical harness and the fuel pump tubing during 
scheduled maintenance. This proposed AD would require a detailed 
inspection for chafing on the electrical harness of each electrical 
fuel pump in the fuel tanks, replacing the affected electrical fuel 
pump with a new or serviceable pump if necessary, and installing clamps 
on the fuel pump electrical harnesses. We are proposing 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.

DATES: We must receive comments on this proposed AD by October 5, 2015.

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 proposed 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 
distrib@embraer.com.br; 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 
Operations 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

[[Page 50813]]

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

    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, -145XR, -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, 
replacing the affected electrical fuel pump with a new or serviceable 
pump if necessary, and installing 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, replacing the affected 
electrical fuel pump with a new or serviceable pump if necessary, and 
installing 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 of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    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.

Costs of Compliance

    We estimate that this proposed AD affects 731 airplanes of U.S. 
registry.
    We also estimate that it would take about 11 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD 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 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 these actions.
    According to the manufacturer, some of the costs of this proposed 
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 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 October 5, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes specified in paragraphs (c)(1) 
and (c)(2) of this AD.

[[Page 50814]]

    (1) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-
135ER-135KE, -135KL, and -135LR airplanes; and Model EMB-145, -
145ER, -145MR, -145LR, -145MP, and -145EP 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 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, and -145EP 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, and -145EP 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, and -145EP 
airplanes: Do the actions specified in paragraph (g) of this AD 
within 2,500 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, and -
145EP airplanes); or Embraer Service Bulletin 145LEG-28-0032, dated 
September 15, 2012 (for Model EMB-135BJ airplanes). 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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, dated 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 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 
distrib@embraer.com.br; 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 August 12, 2015.
Suzanne Masterson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-20589 Filed 8-20-15; 8:45 am]
BILLING CODE 4910-13-P
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