80_FR_50974 80 FR 50812 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes

80 FR 50812 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 162 (August 21, 2015)

Page Range50812-50814
FR Document2015-20589

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.

Federal Register, Volume 80 Issue 162 (Friday, August 21, 2015)
[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Proposed Rules]
[Pages 50812-50814]
From the Federal Register Online  [www.thefederalregister.org]
[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).

-----------------------------------------------------------------------

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 
[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 
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: [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, 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 
[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 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



                                                 50812                   Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Proposed Rules

                                                 been embodied, except those on which                    (i) Related Information                               DATES:  We must receive comments on
                                                 Dassault Aviation Modification M5870 has                   (1) Refer to Mandatory Continuing                  this proposed AD by October 5, 2015.
                                                 been embodied in production.                            Airworthiness Information (MCAI) EASA                 ADDRESSES: You may send comments,
                                                   (2) Dassault Aviation Model FALCON                    Airworthiness Directive 2014–0115, dated
                                                 2000EX airplanes, all serial numbers on                                                                       using the procedures found in 14 CFR
                                                                                                         May 13, 2014, for related information. This           11.43 and 11.45, by any of the following
                                                 which Dassault Aviation Modification M2846              MCAI may be found in the AD docket on the
                                                 has been embodied, except those on which                Internet at http://www.regulations.gov by
                                                                                                                                                               methods:
                                                 Dassault Aviation Modification M3678 has                searching for and locating Docket No. FAA–
                                                                                                                                                                 • Federal eRulemaking Portal: Go to
                                                 been embodied in production.                            2015–3144.                                            http://www.regulations.gov. Follow the
                                                 (d) Subject                                                (2) For service information identified in          instructions for submitting comments.
                                                                                                         this AD, contact Dassault Falcon Jet, P.O. Box          • Fax: 202–493–2251.
                                                   Air Transport Association (ATA) of                    2000, South Hackensack, NJ 07606;                       • Mail: U.S. Department of
                                                 America Code 57, Wings.                                 telephone 201–440–6700; Internet http://              Transportation, Docket Operations, M–
                                                 (e) Reason                                              www.dassaultfalcon.com. You may view this             30, West Building Ground Floor, Room
                                                                                                         service information at the FAA, Transport             W12–140, 1200 New Jersey Avenue SE.,
                                                    This AD was prompted by a report of
                                                                                                         Airplane Directorate, 1601 Lind Avenue SW.,           Washington, DC 20590.
                                                 significant fuel leakage at the middle position
                                                 of the left outboard slat. We are issuing this
                                                                                                         Renton, WA. For information on the                      • Hand Delivery: U.S. Department of
                                                                                                         availability of this material at the FAA, call        Transportation, Docket Operations, M–
                                                 AD to prevent failure of the assembly of the
                                                                                                         425–227–1221.
                                                 slat extension mechanical stop, which if not                                                                  30, West Building Ground Floor, Room
                                                 corrected, could lead to a significant fuel leak          Issued in Renton, Washington, on August             W12–140, 1200 New Jersey Avenue SE.,
                                                 and result in an uncontained fire.                      11, 2015.                                             Washington, DC, between 9 a.m. and 5
                                                 (f) Compliance                                          Suzanne Masterson,                                    p.m., Monday through Friday, except
                                                    Comply with this AD within the
                                                                                                         Acting Manager, Transport Airplane                    Federal holidays.
                                                                                                         Directorate, Aircraft Certification Service.            For service information identified in
                                                 compliance times specified, unless already
                                                 done.                                                   [FR Doc. 2015–20586 Filed 8–20–15; 8:45 am]           this proposed AD, contact Empresa
                                                                                                         BILLING CODE 4910–13–P                                Brasileira de Aeronautica S.A.
                                                 (g) Modification                                                                                              (Embraer), Technical Publications
                                                    Within 9 months or 440 flight hours,                                                                       Section (PC 060), Av. Brigadeiro Faria
                                                 whichever occurs first after the effective date         DEPARTMENT OF TRANSPORTATION                          Lima, 2170–Putim–12227–901 São Jose
                                                 of this AD: Modify the assembly of the slat                                                                   dos Campos–SP–Brasil; telephone +55
                                                 extension mechanical stop, in accordance                Federal Aviation Administration
                                                 with Accomplishment Instructions of
                                                                                                                                                               12 3927–5852 or +55 12 3309–0732; fax
                                                 Dassault Service Bulletin F900EX–450, dated                                                                   +55 12 3927–7546; email distrib@
                                                 March 10, 2014; or Dassault Service Bulletin            14 CFR Part 39                                        embraer.com.br; Internet http://
                                                 F2000EX–344, dated March 10, 2014, as                   [Docket No. FAA–2015–3143; Directorate                www.flyembraer.com. You may view
                                                 applicable.                                             Identifier 2015–NM–047–AD]                            this referenced service information at
                                                 (h) Other FAA AD Provisions
                                                                                                                                                               the FAA, Transport Airplane
                                                                                                         RIN 2120–AA64                                         Directorate, 1601 Lind Avenue SW.,
                                                    The following provisions also apply to this                                                                Renton, WA. For information on the
                                                 AD:                                                     Airworthiness Directives; Empresa
                                                    (1) Alternative Methods of Compliance
                                                                                                                                                               availability of this material at the FAA,
                                                                                                         Brasileira de Aeronautica S.A.
                                                 (AMOCs): The Manager, International                                                                           call 425–227–1221.
                                                                                                         (Embraer) Airplanes
                                                 Branch, ANM–116, Transport Airplane                                                                           Examining the AD Docket
                                                 Directorate, FAA, has the authority to                  AGENCY: Federal Aviation
                                                 approve AMOCs for this AD, if requested                 Administration (FAA), DOT.                               You may examine the AD docket on
                                                 using the procedures found in 14 CFR 39.19.             ACTION: Notice of proposed rulemaking                 the Internet at http://
                                                 In accordance with 14 CFR 39.19, send your              (NPRM).                                               www.regulations.gov by searching for
                                                 request to your principal inspector or local                                                                  and locating Docket No. FAA–2015–
                                                 Flight Standards District Office, as                    SUMMARY:   We propose to adopt a new                  3143; or in person at the Docket
                                                 appropriate. If sending information directly            airworthiness directive (AD) for certain              Management Facility between 9 a.m.
                                                 to the International Branch, send it to ATTN:
                                                 Tom Rodriguez, Aerospace Engineer,
                                                                                                         Empresa Brasileira de Aeronautica S.A.                and 5 p.m., Monday through Friday,
                                                 International Branch, ANM–116, Transport                (Embraer) Model EMB–135 airplanes                     except Federal holidays. The AD docket
                                                 Airplane Directorate, FAA, 1601 Lind                    and Model EMB–145, –145ER, –145MR,                    contains this proposed AD, the
                                                 Avenue SW., Renton, WA 98057–3356;                      –145LR, –145MP, and –145EP airplanes.                 regulatory evaluation, any comments
                                                 telephone 425–227–1137; fax 425–227–1149.               This proposed AD was prompted by a                    received, and other information. The
                                                 Information may be emailed to: 9-ANM-116-               report of chafing between the fuel pump               street address for the Docket Operations
                                                 AMOC-REQUESTS@faa.gov. Before using                     electrical harness and the fuel pump                  office (telephone 800–647–5527) is in
                                                 any approved AMOC, notify your appropriate              tubing during scheduled maintenance.                  the ADDRESSES section. Comments will
                                                 principal inspector, or lacking a principal
                                                 inspector, the manager of the local flight
                                                                                                         This proposed AD would require a                      be available in the AD docket shortly
                                                 standards district office/certificate holding           detailed inspection for chafing on the                after receipt.
                                                 district office. The AMOC approval letter               electrical harness of each electrical fuel            FOR FURTHER INFORMATION CONTACT:
                                                 must specifically reference this AD.                    pump in the fuel tanks, replacing the                 Todd Thompson, Aerospace Engineer,
                                                    (2) Contacting the Manufacturer: For any             affected electrical fuel pump with a new              International Branch, ANM–116,
                                                 requirement in this AD to obtain corrective             or serviceable pump if necessary, and                 Transport Airplane Directorate, FAA,
rmajette on DSK7SPTVN1PROD with PROPOSALS




                                                 actions from a manufacturer, the action must            installing clamps on the fuel pump                    1601 Lind Avenue SW., Renton, WA
                                                 be accomplished using a method approved                 electrical harnesses. We are proposing                98057–3356; telephone 425–227–1175;
                                                 by the Manager, International Branch, ANM–
                                                                                                         this AD to detect and correct chafing of              fax 425–227–1149.
                                                 116, Transport Airplane Directorate, FAA; or
                                                 the European Aviation Safety Agency                     the fuel pump harnesses with other                    SUPPLEMENTARY INFORMATION:
                                                 (EASA); or Dassault Aviation’s EASA Design              parts inside the fuel tank, which could
                                                                                                         present a potential ignition source that              Comments Invited
                                                 Organization Approval (DOA). If approved by
                                                 the DOA, the approval must include the                  could result in a fire or fuel tank                     We invite you to send any written
                                                 DOA-authorized signature.                               explosion.                                            relevant data, views, or arguments about


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                                                                         Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Proposed Rules                                              50813

                                                 this proposed AD. Send your comments                    installing clamps on the fuel pump                    the Administrator finds necessary for
                                                 to an address listed under the                          electrical harnesses. This service                    safety in air commerce. This regulation
                                                 ADDRESSES section. Include ‘‘Docket No.                 information is reasonably available                   is within the scope of that authority
                                                 FAA–2015–3143; Directorate Identifier                   because the interested parties have                   because it addresses an unsafe condition
                                                 2015–NM–047–AD’’ at the beginning of                    access to it through their normal course              that is likely to exist or develop on
                                                 your comments. We specifically invite                   of business or by the means identified                products identified in this rulemaking
                                                 comments on the overall regulatory,                     in the ADDRESSES section of this NPRM.                action.
                                                 economic, environmental, and energy
                                                 aspects of this proposed AD. We will                    FAA’s Determination and Requirements                  Regulatory Findings
                                                 consider all comments received by the                   of This Proposed AD                                     We determined that this proposed AD
                                                 closing date and may amend this                           This product has been approved by                   would not have federalism implications
                                                 proposed AD based on those comments.                    the aviation authority of another                     under Executive Order 13132. This
                                                   We will post all comments we                          country, and is approved for operation                proposed AD would not have a
                                                 receive, without change, to http://                     in the United States. Pursuant to our                 substantial direct effect on the States, on
                                                 www.regulations.gov, including any                      bilateral agreement with the State of                 the relationship between the national
                                                 personal information you provide. We                    Design Authority, we have been notified               Government and the States, or on the
                                                 will also post a report summarizing each                of the unsafe condition described in the              distribution of power and
                                                 substantive verbal contact we receive                   MCAI and service information                          responsibilities among the various
                                                 about this proposed AD.                                 referenced above. We are proposing this               levels of government.
                                                                                                         AD because we evaluated all pertinent                   For the reasons discussed above, I
                                                 Discussion
                                                                                                         information and determined an unsafe                  certify this proposed regulation:
                                                    The Agência Nacional de Aviação                   condition exists and is likely to exist or              1. Is not a ‘‘significant regulatory
                                                 Civil (ANAC), which is the aviation                     develop on other products of these same               action’’ under Executive Order 12866;
                                                 authority for Brazil, has issued Brazilian              type designs.                                           2. Is not a ‘‘significant rule’’ under the
                                                 Airworthiness Directive 2015–03–01,                                                                           DOT Regulatory Policies and Procedures
                                                 effective March 23, 2015 (referred to                   Costs of Compliance
                                                                                                                                                               (44 FR 11034, February 26, 1979);
                                                 after this as the Mandatory Continuing                     We estimate that this proposed AD                    3. Will not affect intrastate aviation in
                                                 Airworthiness Information, or ‘‘the                     affects 731 airplanes of U.S. registry.               Alaska; and
                                                 MCAI’’), to correct an unsafe condition                    We also estimate that it would take                  4. Will not have a significant
                                                 for certain Empresa Brasileira de                       about 11 work-hours per product to                    economic impact, positive or negative,
                                                 Aeronautica S.A. (Embraer) Model                        comply with the basic requirements of                 on a substantial number of small entities
                                                 EMB–135 airplanes and Model EMB–                        this proposed AD. The average labor                   under the criteria of the Regulatory
                                                 145, –145ER, –145MR, –145LR, –145XR,                    rate is $85 per work-hour. Based on                   Flexibility Act.
                                                 –145MP, and –145EP airplanes. The                       these figures, we estimate the cost of
                                                 MCAI states:                                            this proposed AD on U.S. operators to                 List of Subjects in 14 CFR Part 39
                                                    Chafing between the fuel pump electrical             be $683,485, or $935 per product.                       Air transportation, Aircraft, Aviation
                                                 harness and fuel pump tubing was detected                  In addition, we estimate that any                  safety, Incorporation by reference,
                                                 during scheduled maintenance. We are                    necessary follow-on actions would take                Safety.
                                                 issuing this [Brazilian] AD to protect the fuel         about 6 work-hours and require parts
                                                 pump harnesses against chafing with other               costing $11,242, for a cost of $11,752                The Proposed Amendment
                                                 parts inside the fuel tank, which could                 per product. We have no way of
                                                 present a potential ignition source that could
                                                                                                                                                                 Accordingly, under the authority
                                                                                                         determining the number of aircraft that               delegated to me by the Administrator,
                                                 result in a fire or fuel tank explosion.
                                                                                                         might need these actions.                             the FAA proposes to amend 14 CFR part
                                                    The required actions include a                          According to the manufacturer, some                39 as follows:
                                                 detailed inspection for chafing on the                  of the costs of this proposed AD may be
                                                 electrical harness of each electrical fuel              covered under warranty, thereby                       PART 39—AIRWORTHINESS
                                                 pump in the fuel tanks, replacing the                   reducing the cost impact on affected                  DIRECTIVES
                                                 affected electrical fuel pump with a new                individuals. We do not control warranty
                                                 or serviceable pump if necessary, and                   coverage for affected individuals. As a               ■ 1. The authority citation for part 39
                                                 installing clamps on the fuel pump                      result, we have included all costs in our             continues to read as follows:
                                                 electrical harnesses. You may examine                   cost estimate.                                            Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                 the MCAI in the AD docket on the
                                                                                                         Authority for This Rulemaking                         § 39.13    [Amended]
                                                 Internet at http://www.regulations.gov
                                                 by searching for and locating Docket No.                  Title 49 of the United States Code                  ■ 2. The FAA amends § 39.13 by adding
                                                 FAA–2015–3143.                                          specifies the FAA’s authority to issue                the following new airworthiness
                                                                                                         rules on aviation safety. Subtitle I,                 directive (AD):
                                                 Related Service Information Under 1                     section 106, describes the authority of
                                                 CFR Part 51                                                                                                   Empresa Brasileira de Aeronautica S.A.
                                                                                                         the FAA Administrator. ‘‘Subtitle VII:                   (Embraer): Docket No. FAA–2015–3143;
                                                    Embraer has issued Service Bulletin                  Aviation Programs,’’ describes in more                   Directorate Identifier 2015–NM–047–AD.
                                                 145–28–0030, Revision 01, dated                         detail the scope of the Agency’s
                                                 October 22, 2010; and Service Bulletin                  authority.                                            (a) Comments Due Date
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                                                 145LEG–28–0032, Revision 01, dated                        We are issuing this rulemaking under                  We must receive comments by October 5,
                                                 November 20, 2012. The service                          the authority described in ‘‘Subtitle VII,            2015.
                                                 information describes procedures for a                  Part A, Subpart III, Section 44701:                   (b) Affected ADs
                                                 detailed inspection for chafing on the                  General requirements.’’ Under that
                                                                                                                                                                 None.
                                                 electrical harness of each electrical fuel              section, Congress charges the FAA with
                                                 pump in the fuel tanks, replacing the                   promoting safe flight of civil aircraft in            (c) Applicability
                                                 affected electrical fuel pump with a new                air commerce by prescribing regulations                  This AD applies to the airplanes specified
                                                 or serviceable pump if necessary, and                   for practices, methods, and procedures                in paragraphs (c)(1) and (c)(2) of this AD.



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                                                 50814                   Federal Register / Vol. 80, No. 162 / Friday, August 21, 2015 / Proposed Rules

                                                   (1) Empresa Brasileira de Aeronautica S.A.            (h) Compliance Times                                  searching for and locating Docket No. FAA–
                                                 (Embraer) Model EMB–135ER–135KE,                           (1) For Model EMB–135ER, –135KE,                   2015–3143.
                                                 –135KL, and –135LR airplanes; and Model                 –135KL, and –135LR airplanes; and Model                 (2) For service information identified in
                                                 EMB–145, –145ER, –145MR, –145LR,                        EMB–145, –145ER, –145MR, –145LR,                      this AD, contact Empresa Brasileira de
                                                 –145MP, and –145EP airplanes, certificated              –145MP, and –145EP airplanes: Do the                  Aeronautica S.A. (Embraer), Technical
                                                 in any category, as identified in Embraer               actions specified in paragraph (g) of this AD         Publications Section (PC 060), Av. Brigadeiro
                                                 Service Bulletin 145–28–0030, Revision 01,              within 2,500 flight hours or 24 months after          Faria Lima, 2170–Putim–12227–901 São Jose
                                                 dated October 22, 2010.                                 the effective date of this AD, whichever              dos Campos–SP–Brasil; telephone +55 12
                                                   (2) Empresa Brasileira de Aeronautica S.A.            occurs first.                                         3927–5852 or +55 12 3309–0732; fax +55 12
                                                 (Embraer) Model EMB–135BJ airplanes,                       (2) For Model EMB–135BJ airplanes: Do              3927–7546; email distrib@embraer.com.br;
                                                 certificated in any category, as identified in          the actions specified in paragraph (g) of this        Internet http://www.flyembraer.com. You
                                                 Embraer Service Bulletin 145LEG–28–0032,                AD within 4,800 flight hours or 48 months             may view this service information at the
                                                 Revision 01, dated November 20, 2012.                   after the effective date of this AD, whichever        FAA, Transport Airplane Directorate, 1601
                                                                                                         occurs first.                                         Lind Avenue SW., Renton, WA. For
                                                 (d) Subject                                                                                                   information on the availability of this
                                                                                                         (i) Credit for Previous Actions                       material at the FAA, call 425–227–1221.
                                                  Air Transport Association (ATA) of
                                                 America Code 28, Fuel.                                     This paragraph provides credit for actions           Issued in Renton, Washington, on August
                                                                                                         required by paragraph (g) of this AD, if those        12, 2015.
                                                 (e) Reason                                              actions were performed before the effective
                                                                                                         date of this AD using Embraer Service                 Suzanne Masterson,
                                                   This AD was prompted by a report of
                                                                                                         Bulletin 145–28–0030, dated September 1,              Acting Manager, Transport Airplane
                                                 chafing between the fuel pump electrical
                                                                                                         2010 (for Model EMB–135ER, –135KE,                    Directorate, Aircraft Certification Service.
                                                 harness and the fuel pump tubing during
                                                 scheduled maintenance. We are issuing this              –135KL, and –135LR airplanes; and Model               [FR Doc. 2015–20589 Filed 8–20–15; 8:45 am]
                                                                                                         EMB–145, –145ER, –145MR, –145LR,
                                                 AD to detect and correct chafing of the fuel                                                                  BILLING CODE 4910–13–P
                                                                                                         –145MP, and –145EP airplanes); or Embraer
                                                 pump harnesses with other parts inside the
                                                                                                         Service Bulletin 145LEG–28–0032, dated
                                                 fuel tank, which could present a potential
                                                                                                         September 15, 2012 (for Model EMB–135BJ
                                                 ignition source that could result in a fire or          airplanes). This service information is not           DEPARTMENT OF THE TREASURY
                                                 fuel tank explosion.                                    incorporated by reference in this AD.
                                                 (f) Compliance                                                                                                Internal Revenue Service
                                                                                                         (j) Other FAA AD Provisions
                                                   Comply with this AD within the                           The following provisions also apply to this
                                                 compliance times specified, unless already                                                                    26 CFR Part 1
                                                                                                         AD:
                                                 done.                                                      (1) Alternative Methods of Compliance              [REG–108214–15]
                                                 (g) Detailed Inspection and Corrective                  (AMOCs): The Manager, International
                                                 Action                                                  Branch, ANM–116, Transport Airplane                   RIN 1545–BM69
                                                                                                         Directorate, FAA, has the authority to
                                                    Do the actions specified in paragraphs               approve AMOCs for this AD, if requested               Exception From Passive Income for
                                                 (g)(1) and (g)(2) of this AD at the applicable          using the procedures found in 14 CFR 39.19.           Certain Foreign Insurance Companies;
                                                 times specified in paragraph (h)(1) or (h)(2)           In accordance with 14 CFR 39.19, send your            Hearing; Correction
                                                 of this AD.                                             request to your principal inspector or local
                                                    (1) Do a detailed inspection for chafing on          Flight Standards District Office, as                  AGENCY:  Internal Revenue Service (IRS),
                                                 the electrical harness of each electrical fuel          appropriate. If sending information directly          Treasury.
                                                 pump in the fuel tanks, in accordance with              to the International Branch, send it to ATTN:         ACTION: Correction to a notice of a
                                                 the Accomplishment Instructions of Embraer              Todd Thompson, Aerospace Engineer,
                                                 Service Bulletin 145–28–0030, Revision 01,              International Branch, ANM–116, Transport
                                                                                                                                                               public hearing on a proposed
                                                 dated October 22, 2010 (for Model EMB–                  Airplane Directorate, FAA, 1601 Lind                  rulemaking.
                                                 135ER, –135KE, –135KL, and –135LR                       Avenue SW., Renton, WA 98057–3356;
                                                                                                         telephone 425–227–1175; fax 425–227–1149.
                                                                                                                                                               SUMMARY:   This document corrects a
                                                 airplanes; and Model EMB–145, –145ER,
                                                 –145MR, –145LR, –145MP, and –145EP                      Information may be emailed to: 9-ANM-116-             notice of public hearing on proposed
                                                 airplanes); or Embraer Service Bulletin                 AMOC-REQUESTS@faa.gov. Before using                   regulations that published in the
                                                 145LEG–28–0032, Revision 01, dated                      any approved AMOC, notify your appropriate            Federal Register on Wednesday, August
                                                 November 20, 2012 (for Model EMB–135BJ                  principal inspector, or lacking a principal           19, 2015. The proposed regulations
                                                 airplanes). If any chafing is found, before             inspector, the manager of the local flight            provide guidance regarding when a
                                                 further flight, replace the affected electrical         standards district office/certificate holding         foreign insurance company’s income is
                                                 fuel pump with a new or serviceable pump                district office. The AMOC approval letter             excluded from the definition of passive
                                                 having the same part number, in accordance              must specifically reference this AD.                  income under section 1297(b)(2)(B).
                                                 with the Accomplishment Instructions of                    (2) Contacting the Manufacturer: For any
                                                                                                         requirement in this AD to obtain corrective           DATES: Outlines of topics to be
                                                 Embraer Service Bulletin 145–28–0030,
                                                                                                         actions from a manufacturer, the action must          discussed at the public hearing being
                                                 Revision 01, dated October 22, 2010; or
                                                 Embraer Service Bulletin 145LEG–28–0032,
                                                                                                         be accomplished using a method approved               held on Friday, September 18, 2015 (see
                                                                                                         by the Manager, International Branch, ANM–            the document published at 80 FR 50239,
                                                 Revision 01, dated November 20, 2012; as
                                                                                                         116, Transport Airplane Directorate, FAA; or          August 19, 2015), are still being
                                                 applicable.
                                                                                                         the Agência Nacional de Aviação Civil              accepted and must be received by
                                                    (2) Install clamps on the fuel pump                  (ANAC); or ANAC’s authorized Designee. If
                                                 electrical harnesses, in accordance with the                                                                  August 26, 2015.
                                                                                                         approved by the ANAC Designee, the
                                                 Accomplishment Instructions of Embraer                  approval must include the Designee’s                  FOR FURTHER INFORMATION CONTACT:
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                                                 Service Bulletin 145–28–0030, Revision 01,              authorized signature.                                 Concerning the proposed regulations,
                                                 dated October 22, 2010 (for Model EMB–                                                                        Josephine Firehock at (202) 317–4932;
                                                 135ER, –135KE, –135KL, and –135LR                       (k) Related Information
                                                                                                                                                               concerning submissions of comments,
                                                 airplanes; and Model EMB–145, –145ER,                     (1) Refer to Mandatory Continuing                   the hearing and/or to be placed on the
                                                 –145MR, –145LR, –145MP, and –145EP                      Airworthiness Information (MCAI) Brazilian            building access list to attend the hearing
                                                 airplanes); or Embraer Service Bulletin                 Airworthiness Directive 2015–03–01, dated
                                                 145LEG–28–0032, Revision 01, dated                      March 23, 2015, for related information. This
                                                                                                                                                               Oluwafunmilayo Taylor at (202) 317–
                                                 November 20, 2012 (for Model EMB–135BJ                  MCAI may be found in the AD docket on the             6901 (not toll-free numbers).
                                                 airplanes).                                             Internet at http://www.regulations.gov by             SUPPLEMENTARY INFORMATION:



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Document Created: 2018-02-23 11:01:02
Document Modified: 2018-02-23 11:01:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by October 5, 2015.
ContactTodd 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.
FR Citation80 FR 50812 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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