81 FR 51815 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 81, Issue 151 (August 5, 2016)
Federal Aviation Administration
Federal Register Volume 81, Issue 151 (August 5, 2016)
| Page Range | 51815-51818 | |
| FR Document | 2016-18500 |
[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)] [Proposed Rules] [Pages 51815-51818] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18500] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3143; Directorate Identifier 2015-NM-047-AD] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. ----------------------------------------------------------------------- [[Page 51816]] SUMMARY: We are revising an earlier proposed airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. The NPRM proposed to require a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, replacement of the affected electrical fuel pump with a new or serviceable pump if necessary, and installation of clamps on the fuel pump electrical harnesses. The NPRM was prompted by a report of chafing found between the fuel pump electrical harness and the fuel pump tubing during scheduled maintenance. This action revises the NPRM by expanding the proposed applicability and revising the compliance time for the detailed inspection. We are proposing this supplemental NPRM (SNPRM) to detect and correct chafing of the fuel pump harnesses with other parts inside the fuel tank, which could present a potential ignition source that could result in a fire or fuel tank explosion. Since certain actions impose an additional burden over those proposed in the NPRM, we are reopening the comment period to allow the public the chance to comment on these proposed changes. DATES: We must receive comments on this SNPRM by September 19, 2016. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments. Fax: 202-493-2251. Mail: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this SNPRM, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015- 3143; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ``Docket No. FAA-2015-3143; Directorate Identifier 2015-NM-047-AD'' at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and Model EMB- 145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. The NPRM published in the Federal Register on August 21, 2015 (80 FR 50812) (``the NPRM''). Actions Since Previous NPRM was Issued Since we issued the NPRM, we have determined that certain airplanes were inadvertently omitted from the applicability, and the compliance time for the detailed inspection required by paragraph (h)(1) of this AD must be revised to ``within 5,000 flight hours or 24 months after the effective date of this AD, whichever occurs first.'' The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2015-03-01, effective March 23, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition on certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. The MCAI states: Chafing between the fuel pump electrical harness and fuel pump tubing was detected during scheduled maintenance. We are issuing this [Brazilian] AD to protect the fuel pump harnesses against chafing with other parts inside the fuel tank, which could present a potential ignition source that could result in a fire or fuel tank explosion. The required actions include a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, replacement of the affected electrical fuel pump with a new or serviceable pump if necessary, and installation of clamps on the fuel pump electrical harnesses. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3143. Related Service Information Under 1 CFR Part 51 Embraer has issued Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010; and Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012. The service information describes procedures for a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, replacement of the affected electrical fuel pump with a new or serviceable pump if necessary, and installation of clamps on the fuel pump electrical harnesses. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. [[Page 51817]] Comments We gave the public the opportunity to participate in developing this proposed AD. We considered the comments received. Request To Clarify Airplane Applicability ExpressJet Airlines stated that the airplane effectivity in Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010, included Model EMB-145XR airplanes. ExpressJet Airlines stated that Model EMB-145XR airplanes are not included in paragraph (c), ``Applicability,'' of the proposed AD (in the NPRM) and asked if this is the intent of the NPRM or if the Model EMB-145XR airplanes should be included. We agree with the commenter to clarify the applicability of this SNPRM. Although ANAC unintentionally omitted Model EMB-145XR airplanes from the applicability of its AD, the serial numbers corresponding to Model EMB-145XR airplanes are identified in the Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010. We have added Model EMB-145XR airplanes to the applicability of this SNPRM. We have coordinated this issue with ANAC. Request To Extend the Compliance Time ExpressJet requested that we revise the compliance time for the detailed inspection in the proposed AD (in the NPRM) to ``within 5,000 flight hours or 24 months after the effective date of this AD, whichever occurs first,'' instead of ``within 2,500 flight hours or 24 months after the effective date of this AD, whichever occurs first.'' ExpressJet stated that this would allow the majority of the airplanes to be inspected during a C-check interval, which would be the most effective time to accomplish the task as the fuel tanks have to be drained and vented for the inspection to be performed. ExpressJet commented that these limits also line up with the current recommendations in the service information. We agree with the commenter for the reasons stated previously. Data from Embraer confirms that increasing the flight hours another 2,500 flight hours is acceptable. We have changed this SNPRM accordingly. FAA's Determination and Requirements of This SNPRM This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all pertinent information and determined an unsafe condition exists and is likely to exist or develop on other products of these same type designs. Certain changes described above expand the scope of the NPRM. As a result, we have determined that it is necessary to reopen the comment period to provide additional opportunity for the public to comment on this SNPRM. Costs of Compliance We estimate that this SNPRM affects 731 airplanes of U.S. registry. We estimate that it would take about 11 work-hours per product to comply with the new basic requirements of this SNPRM. The average labor rate is $85 per work-hour. Required parts would cost about $0 per product. Based on these figures, we estimate the cost of this SNPRM on U.S. operators to be $683,485, or $935 per product. In addition, we estimate that any necessary follow-on actions would take about 6 work-hours and would require parts costing $11,242, for a cost of $11,752 per product. We have no way of determining the number of aircraft that might need this action. According to the manufacturer, some of the costs of this SNPRM may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: 1. Is not a ``significant regulatory action'' under Executive Order 12866; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA- 2015-3143; Directorate Identifier 2015-NM-047-AD. (a) Comments Due Date We must receive comments by September 19, 2016. (b) Affected ADs None. (c) Applicability This AD applies to the airplanes specified in paragraphs (c)(1) and (c)(2) of this AD. (1) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB- 135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, - 145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes, certificated in any category, as identified in Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010. (2) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB- 135BJ airplanes, [[Page 51818]] certificated in any category, as identified in Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012. (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (e) Reason This AD was prompted by a report of chafing found between the fuel pump electrical harness and the fuel pump tubing during scheduled maintenance. We are issuing this AD to detect and correct chafing of the fuel pump harnesses with other parts inside the fuel tank, which could present a potential ignition source that could result in a fire or fuel tank explosion. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Detailed Inspection and Corrective Action Do the actions specified in paragraphs (g)(1) and (g)(2) of this AD at the applicable times specified in paragraph (h)(1) or (h)(2) of this AD. (1) Do a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010 (for Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes); or Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012 (for Model EMB-135BJ airplanes). If any chafing is found, before further flight, replace the affected electrical fuel pump with a new or serviceable pump having the same part number, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010; or Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012; as applicable. (2) Install clamps on the fuel pump electrical harnesses, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010 (for Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes); or Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012 (for Model EMB-135BJ airplanes). (h) Compliance Times (1) For Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and - 145XR airplanes: Do the actions specified in paragraph (g) of this AD within 5,000 flight hours or 24 months after the effective date of this AD, whichever occurs first. (2) For Model EMB-135BJ airplanes: Do the actions specified in paragraph (g) of this AD within 4,800 flight hours or 48 months after the effective date of this AD, whichever occurs first. (i) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Embraer Service Bulletin 145-28-0030, dated September 1, 2010 (for Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, - 145EP, and -145XR airplanes); or Embraer Service Bulletin 145LEG-28- 0032, dated September 15, 2011 (for Model EMB-135BJ airplanes), as applicable. This service information is not incorporated by reference in this AD. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to ATTN: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. The AMOC approval letter must specifically reference this AD. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directive 2015-03-01, effective March 23, 2015, for related information. This MCAI may be found in the AD docket on the Internet by searching for and locating Docket No. FAA- 2015-3143. (2) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-- Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com. You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. Issued in Renton, Washington, on July 25, 2016. Victor Wicklund, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2016-18500 Filed 8-4-16; 8:45 am] BILLING CODE 4910-13-P
![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules 51815
device, in accordance with the in table 1 to paragraph (h) of this AD or table a manufacturer, the action must be
Accomplishment Instructions of Airbus 2 to paragraph (h) of this AD, as applicable, accomplished using a method approved by
Service Bulletin A320–71–1028, dated March is installed on that airplane. the Manager, International Branch, ANM–
23, 2001. (3) An airplane on which Airbus 116, Transport Airplane Directorate, FAA; or
(2) For Configuration 02 airplanes Modification 157718 has been embodied in EASA; or Airbus’s EASA DOA. If approved
identified in Airbus Service Bulletin A320– production is compliant with the by the DOA, the approval must include the
71–1028, dated March 23, 2001: Install a new requirements of paragraph (h)(2) of this AD. DOA-authorized signature.
hold-open device, in accordance with the (3) Required for Compliance (RC): Except
(j) New Parts Installation Limitations as required by paragraph (k) of this AD, if any
Accomplishment Instructions of Airbus
Service Bulletin A320–71–1028, dated March (1) For an airplane with an engine FCD service information contains procedures or
23, 2001. installed having a part number identified as tests that are identified as RC, those
‘‘Old Part Number’’ in table 1 to paragraph procedures and tests must be done to comply
(h) New Modifications (h) of this AD or table 2 to paragraph (h) of with this AD; any procedures or tests that are
Within 36 months after the effective date this AD, as applicable: After modification of not identified as RC are recommended. Those
of this AD, do the actions required by that airplane as required by paragraph (h) of procedures and tests that are not identified
paragraphs (h)(1), (h)(2), and (h)(3) of this this AD, do not install an engine FCD, having as RC may be deviated from using accepted
AD, in accordance with the Accomplishment a part number identified as ‘‘Old Part methods in accordance with the operator’s
Instructions of Airbus Service Bulletin A320– Number’’ in table 1 to paragraph (h) of this maintenance or inspection program without
71–1069, dated December 18, 2015. AD or table 2 to paragraph (h) of this AD, as obtaining approval of an AMOC, provided
(1) Modify the left-hand and right-hand applicable. the procedures and tests identified as RC can
FCDs on engines 1 and 2. (2) For an airplane that does not have an be done and the airplane can be put back in
(2) Install a placard on the box located at engine FCD installed having a part number an airworthy condition. Any substitutions or
the bottom of the 120 VU panel or at the identified as ‘‘Old Part Number’’ in table 1 changes to procedures or tests identified as
bottom of the coat stowage, as applicable. to paragraph (h) of this AD or table 2 to RC require approval of an AMOC.
(3) Re-identify both engine FCDs with the paragraph (h) of this AD, as applicable: On
(m) Related Information
new part numbers (P/Ns), as specified in or after the effective date of this AD, do not
table 1 to paragraph (h) of this AD and table install an engine FCD, having a part number (1) Refer to Mandatory Continuing
2 to paragraph (h) of this AD, as applicable. identified as ‘‘Old Part Number’’ in table 1 Airworthiness Information (MCAI) EASA
to paragraph (h) of this AD or table 2 to Airworthiness Directive 2016–0053, dated
paragraph (h) of this AD, as applicable. March 14, 2016, for related information. This
TABLE 1 TO PARAGRAPH (h) OF THIS MCAI may be found in the AD docket on the
AD—LEFT-SIDE DOOR (k) New Method of Compliance Internet at http://www.regulations.gov by
Installation on an engine of a right-hand searching for and locating Docket No. FAA–
Old part No. New part No. and left-hand engine FCD having a part 2016–8185.
number approved after the effective date of (2) For service information identified in
740–4000–501 ................ 740–4000–9501 this AD is a method of compliance with the this AD, contact Airbus, Airworthiness
740–4000–503 ................ 740–4000–9503 requirements of paragraphs (g), (h)(1), and Office—EIAS, 1 Rond Point Maurice
745–4000–501 ................ 745–4000–513 (h)(3) of this AD for that engine only, Bellonte, 31707 Blagnac Cedex, France;
745–4000–503 ................ 745–4000–515 provided the part number is approved, and telephone +33 5 61 93 36 96; fax +33 5 61
745–4000–505 ................ 745–4000–517 the installation is accomplished, in 93 44 51; email account.airworth-eas@
accordance with a method approved by the airbus.com; Internet http://www.airbus.com.
Manager, International Branch, ANM–116, You may view this service information at the
TABLE 2 TO PARAGRAPH (h) OF THIS Transport Airplane Directorate, FAA; or the FAA, Transport Airplane Directorate, 1601
AD—RIGHT-SIDE DOOR European Aviation Safety Agency (EASA); or Lind Avenue SW., Renton, WA. For
Airbus’s EASA Design Organization information on the availability of this
Old part No. New part No. Approval (DOA). material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on July 26,
740–4000–502 ................ 740–4000–9502 (l) Other FAA AD Provisions 2016.
740–4000–504 ................ 740–4000–9504 The following provisions also apply to this Victor Wicklund,
740–4000–506 ................ 740–4000–9506 AD:
Acting Manager, Transport Airplane
740–4000–508 ................ 740–4000–9508 (1) Alternative Methods of Compliance
Directorate, Aircraft Certification Service.
745–4000–502 ................ 745–4000–9502 (AMOCs): The Manager, International
745–4000–504 ................ 745–4000–9504 Branch, ANM–116, FAA, has the authority to [FR Doc. 2016–18492 Filed 8–4–16; 8:45 am]
745–4000–506 ................ 745–4000–9506 approve AMOCs for this AD, if requested BILLING CODE 4910–13–P
745–4000–508 ................ 745–4000–514 using the procedures found in 14 CFR 39.19.
745–4000–510 ................ 745–4000–516 In accordance with 14 CFR 39.19, send your
745–4000–512 ................ 745–4000–518 request to your principal inspector or local DEPARTMENT OF TRANSPORTATION
Flight Standards District Office, as
(i) New Alternative Compliance appropriate. If sending information directly Federal Aviation Administration
to the International Branch, send it to ATTN:
(1) Replacing an engine FCD having a part Sanjay Ralhan, Aerospace Engineer,
number listed as ‘‘Old Part Number’’ in table International Branch, ANM–116, Transport 14 CFR Part 39
1 to paragraph (h) of this AD or table 2 to Airplane Directorate, FAA, 1601 Lind [Docket No. FAA–2015–3143; Directorate
paragraph (h) of this AD, as applicable, with Avenue SW., Renton, WA 98057–3356; Identifier 2015–NM–047–AD]
a FCD having the corresponding part number telephone: 425–227–1405; fax: 425–227–
listed as ‘‘New Part Number’’ in table 1 to 1149. Information may be emailed to: 9- RIN 2120–AA64
paragraph (h) of this AD or table 2 to ANM-116-AMOC-REQUESTS@faa.gov.
paragraph (h) of this AD, as applicable, is an Before using any approved AMOC, notify Airworthiness Directives; Empresa
mstockstill on DSK3G9T082PROD with PROPOSALS
acceptable method of compliance with the your appropriate principal inspector, or Brasileira de Aeronautica S.A.
requirements of paragraphs (h)(1) and (h)(3) lacking a principal inspector, the manager of (Embraer) Airplanes
of this AD for that engine FCD only. the local flight standards district office/
(2) An airplane on which Airbus certificate holding district office. The AMOC AGENCY: Federal Aviation
Modification 157516 has been embodied in approval letter must specifically reference Administration (FAA), DOT.
production is compliant with the this AD. ACTION: Supplemental notice of
requirements of paragraph (h)(1) and (h)(3) of (2) Contacting the Manufacturer: As of the proposed rulemaking (NPRM);
this AD, provided no engine FCD, having a effective date of this AD, for any requirement
part number identified as ‘‘Old Part Number’’
reopening of comment period.
in this AD to obtain corrective actions from
VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\05AUP1.SGM 05AUP1](https://thefederalregister.org/doc/81_FR_51966/page/1.svg)
![51816 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules
SUMMARY: We are revising an earlier this referenced service information at Actions Since Previous NPRM was
proposed airworthiness directive (AD) the FAA, Transport Airplane Issued
for certain Empresa Brasileira de Directorate, 1601 Lind Avenue SW.,
Aeronautica S.A. (Embraer) Model Renton, WA. For information on the Since we issued the NPRM, we have
EMB–135 airplanes and Model EMB– availability of this material at the FAA, determined that certain airplanes were
145, –145ER, –145MR, –145LR, call 425–227–1221. inadvertently omitted from the
–145MP, and –145EP airplanes. The applicability, and the compliance time
Examining the AD Docket for the detailed inspection required by
NPRM proposed to require a detailed
inspection for chafing on the electrical You may examine the AD docket on paragraph (h)(1) of this AD must be
harness of each electrical fuel pump in the Internet at http:// revised to ‘‘within 5,000 flight hours or
the fuel tanks, replacement of the www.regulations.gov by searching for 24 months after the effective date of this
affected electrical fuel pump with a new and locating Docket No. FAA–2015– AD, whichever occurs first.’’
or serviceable pump if necessary, and 3143; or in person at the Docket The Agência Nacional de Aviação
installation of clamps on the fuel pump Management Facility between 9 a.m. Civil (ANAC), which is the aviation
electrical harnesses. The NPRM was and 5 p.m., Monday through Friday, authority for Brazil, has issued Brazilian
prompted by a report of chafing found except Federal holidays. The AD docket Airworthiness Directive 2015–03–01,
between the fuel pump electrical contains this proposed AD, the effective March 23, 2015 (referred to
harness and the fuel pump tubing regulatory evaluation, any comments after this as the Mandatory Continuing
during scheduled maintenance. This received, and other information. The Airworthiness Information, or ‘‘the
action revises the NPRM by expanding street address for the Docket Office MCAI’’), to correct an unsafe condition
the proposed applicability and revising (telephone: 800–647–5527) is in the on certain Empresa Brasileira de
the compliance time for the detailed ADDRESSES section. Comments will be Aeronautica S.A. (Embraer) Model
inspection. We are proposing this available in the AD docket shortly after EMB–135 airplanes and Model EMB–
supplemental NPRM (SNPRM) to detect receipt. 145, –145ER, –145MR, –145LR,
and correct chafing of the fuel pump FOR FURTHER INFORMATION CONTACT: –145MP, and –145EP airplanes. The
harnesses with other parts inside the Todd Thompson, Aerospace Engineer, MCAI states:
fuel tank, which could present a International Branch, ANM–116, Chafing between the fuel pump electrical
potential ignition source that could Transport Airplane Directorate, FAA, harness and fuel pump tubing was detected
result in a fire or fuel tank explosion. 1601 Lind Avenue SW., Renton, WA during scheduled maintenance. We are
Since certain actions impose an 98057–3356; telephone 425–227–1175; issuing this [Brazilian] AD to protect the fuel
additional burden over those proposed fax 425–227–1149. pump harnesses against chafing with other
in the NPRM, we are reopening the parts inside the fuel tank, which could
SUPPLEMENTARY INFORMATION: present a potential ignition source that could
comment period to allow the public the
result in a fire or fuel tank explosion.
chance to comment on these proposed Comments Invited
changes. We invite you to send any written The required actions include a
DATES: We must receive comments on relevant data, views, or arguments about detailed inspection for chafing on the
this SNPRM by September 19, 2016. this proposed AD. Send your comments electrical harness of each electrical fuel
ADDRESSES: You may send comments, to an address listed under the pump in the fuel tanks, replacement of
using the procedures found in 14 CFR ADDRESSES section. Include ‘‘Docket No. the affected electrical fuel pump with a
11.43 and 11.45, by any of the following FAA–2015–3143; Directorate Identifier new or serviceable pump if necessary,
methods: 2015–NM–047–AD’’ at the beginning of and installation of clamps on the fuel
• Federal eRulemaking Portal: Go to your comments. We specifically invite pump electrical harnesses. You may
http://www.regulations.gov. Follow the comments on the overall regulatory, examine the MCAI in the AD docket on
instructions for submitting comments. economic, environmental, and energy the Internet at http://
• Fax: 202–493–2251. aspects of this proposed AD. We will www.regulations.gov by searching for
• Mail: U.S. Department of consider all comments received by the and locating Docket No. FAA–2015–
Transportation, Docket Operations, M– closing date and may amend this 3143.
30, West Building Ground Floor, Room proposed AD based on those comments. Related Service Information Under 1
W12–140, 1200 New Jersey Avenue SE., We will post all comments we CFR Part 51
Washington, DC 20590. receive, without change, to http://
• Hand Delivery: U.S. Department of www.regulations.gov, including any Embraer has issued Service Bulletin
Transportation, Docket Operations, M– personal information you provide. We 145–28–0030, Revision 01, dated
30, West Building Ground Floor, Room will also post a report summarizing each October 22, 2010; and Service Bulletin
W12–140, 1200 New Jersey Avenue SE., substantive verbal contact we receive 145LEG–28–0032, Revision 01, dated
Washington, DC, between 9 a.m. and 5 about this proposed AD. November 20, 2012. The service
p.m., Monday through Friday, except information describes procedures for a
Federal holidays. Discussion detailed inspection for chafing on the
For service information identified in We issued a notice of proposed electrical harness of each electrical fuel
this SNPRM, contact Empresa Brasileira rulemaking (NPRM) to amend 14 CFR pump in the fuel tanks, replacement of
de Aeronautica S.A. (Embraer), part 39 by adding an AD that would the affected electrical fuel pump with a
mstockstill on DSK3G9T082PROD with PROPOSALS
Technical Publications Section (PC apply to certain Empresa Brasileira de new or serviceable pump if necessary,
060), Av. Brigadeiro Faria Lima, 2170— Aeronautica S.A. (Embraer) Model and installation of clamps on the fuel
Putim—12227–901 São Jose dos EMB–135 airplanes and Model EMB– pump electrical harnesses. This service
Campos—SP—Brasil; telephone +55 12 145, –145ER, –145MR, –145LR, information is reasonably available
3927–5852 or +55 12 3309–0732; fax –145MP, and –145EP airplanes. The because the interested parties have
+55 12 3927–7546; email distrib@ NPRM published in the Federal access to it through their normal course
embraer.com.br; Internet http:// Register on August 21, 2015 (80 FR of business or by the means identified
www.flyembraer.com. You may view 50812) (‘‘the NPRM’’). in the ADDRESSES section.
VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\05AUP1.SGM 05AUP1](https://thefederalregister.org/doc/81_FR_51966/page/2.svg)
![Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules 51817
Comments Design Authority, we have been notified Regulatory Findings
We gave the public the opportunity to of the unsafe condition described in the We determined that this proposed AD
participate in developing this proposed MCAI and service information would not have federalism implications
AD. We considered the comments referenced above. We are proposing this under Executive Order 13132. This
received. AD because we evaluated all pertinent proposed AD would not have a
information and determined an unsafe substantial direct effect on the States, on
Request To Clarify Airplane condition exists and is likely to exist or the relationship between the national
Applicability develop on other products of these same Government and the States, or on the
ExpressJet Airlines stated that the type designs. distribution of power and
airplane effectivity in Embraer Service Certain changes described above responsibilities among the various
Bulletin 145–28–0030, Revision 01, expand the scope of the NPRM. As a levels of government.
dated October 22, 2010, included Model result, we have determined that it is For the reasons discussed above, I
EMB–145XR airplanes. ExpressJet necessary to reopen the comment period certify this proposed regulation:
Airlines stated that Model EMB–145XR to provide additional opportunity for 1. Is not a ‘‘significant regulatory
airplanes are not included in paragraph the public to comment on this SNPRM. action’’ under Executive Order 12866;
(c), ‘‘Applicability,’’ of the proposed AD 2. Is not a ‘‘significant rule’’ under the
(in the NPRM) and asked if this is the Costs of Compliance DOT Regulatory Policies and Procedures
intent of the NPRM or if the Model We estimate that this SNPRM affects (44 FR 11034, February 26, 1979);
EMB–145XR airplanes should be 731 airplanes of U.S. registry. 3. Will not affect intrastate aviation in
included. We estimate that it would take about Alaska; and
We agree with the commenter to 11 work-hours per product to comply 4. Will not have a significant
clarify the applicability of this SNPRM. with the new basic requirements of this economic impact, positive or negative,
Although ANAC unintentionally SNPRM. The average labor rate is $85 on a substantial number of small entities
omitted Model EMB–145XR airplanes per work-hour. Required parts would under the criteria of the Regulatory
from the applicability of its AD, the cost about $0 per product. Based on Flexibility Act.
serial numbers corresponding to Model these figures, we estimate the cost of List of Subjects in 14 CFR Part 39
EMB–145XR airplanes are identified in this SNPRM on U.S. operators to be
the Embraer Service Bulletin 145–28– $683,485, or $935 per product. Air transportation, Aircraft, Aviation
0030, Revision 01, dated October 22, safety, Incorporation by reference,
In addition, we estimate that any
2010. We have added Model EMB– Safety.
necessary follow-on actions would take
145XR airplanes to the applicability of about 6 work-hours and would require The Proposed Amendment
this SNPRM. We have coordinated this parts costing $11,242, for a cost of
issue with ANAC. Accordingly, under the authority
$11,752 per product. We have no way delegated to me by the Administrator,
Request To Extend the Compliance of determining the number of aircraft the FAA proposes to amend 14 CFR part
Time that might need this action. 39 as follows:
ExpressJet requested that we revise According to the manufacturer, some
the compliance time for the detailed of the costs of this SNPRM may be PART 39—AIRWORTHINESS
inspection in the proposed AD (in the covered under warranty, thereby DIRECTIVES
NPRM) to ‘‘within 5,000 flight hours or reducing the cost impact on affected
individuals. We do not control warranty ■ 1. The authority citation for part 39
24 months after the effective date of this continues to read as follows:
AD, whichever occurs first,’’ instead of coverage for affected individuals. As a
‘‘within 2,500 flight hours or 24 months result, we have included all costs in our Authority: 49 U.S.C. 106(g), 40113, 44701.
after the effective date of this AD, cost estimate.
§ 39.13 [Amended]
whichever occurs first.’’ ExpressJet Authority for This Rulemaking ■ 2. The FAA amends § 39.13 by adding
stated that this would allow the majority the following new airworthiness
of the airplanes to be inspected during Title 49 of the United States Code
specifies the FAA’s authority to issue directive (AD):
a C-check interval, which would be the
most effective time to accomplish the rules on aviation safety. Subtitle I, Empresa Brasileira de Aeronautica S.A.
task as the fuel tanks have to be drained section 106, describes the authority of (Embraer): Docket No. FAA–2015–3143;
the FAA Administrator. ‘‘Subtitle VII: Directorate Identifier 2015–NM–047–AD.
and vented for the inspection to be
performed. ExpressJet commented that Aviation Programs,’’ describes in more (a) Comments Due Date
these limits also line up with the detail the scope of the Agency’s We must receive comments by September
current recommendations in the service authority. 19, 2016.
information. We are issuing this rulemaking under
(b) Affected ADs
We agree with the commenter for the the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701: None.
reasons stated previously. Data from
Embraer confirms that increasing the General requirements.’’ Under that (c) Applicability
flight hours another 2,500 flight hours is section, Congress charges the FAA with This AD applies to the airplanes specified
acceptable. We have changed this promoting safe flight of civil aircraft in in paragraphs (c)(1) and (c)(2) of this AD.
SNPRM accordingly. air commerce by prescribing regulations (1) Empresa Brasileira de Aeronautica S.A.
mstockstill on DSK3G9T082PROD with PROPOSALS
for practices, methods, and procedures (Embraer) Model EMB–135ER, –135KE,
FAA’s Determination and Requirements the Administrator finds necessary for –135KL, and –135LR airplanes; and Model
of This SNPRM safety in air commerce. This regulation EMB–145, –145ER, –145MR, –145LR,
This product has been approved by is within the scope of that authority –145MP, –145EP, and –145XR airplanes,
certificated in any category, as identified in
the aviation authority of another because it addresses an unsafe condition Embraer Service Bulletin 145–28–0030,
country, and is approved for operation that is likely to exist or develop on Revision 01, dated October 22, 2010.
in the United States. Pursuant to our products identified in this rulemaking (2) Empresa Brasileira de Aeronautica S.A.
bilateral agreement with the State of action. (Embraer) Model EMB–135BJ airplanes,
VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\05AUP1.SGM 05AUP1](https://thefederalregister.org/doc/81_FR_51966/page/3.svg)
![51818 Federal Register / Vol. 81, No. 151 / Friday, August 5, 2016 / Proposed Rules
certificated in any category, as identified in after the effective date of this AD, whichever Lind Avenue SW., Renton, WA. For
Embraer Service Bulletin 145LEG–28–0032, occurs first. information on the availability of this
Revision 01, dated November 20, 2012. material at the FAA, call 425–227–1221.
(i) Credit for Previous Actions
(d) Subject This paragraph provides credit for actions Issued in Renton, Washington, on July 25,
required by paragraph (g) of this AD, if those 2016.
Air Transport Association (ATA) of
America Code 28, Fuel. actions were performed before the effective Victor Wicklund,
date of this AD using Embraer Service Acting Manager, Transport Airplane
(e) Reason Bulletin 145–28–0030, dated September 1, Directorate, Aircraft Certification Service.
This AD was prompted by a report of 2010 (for Model EMB–135ER, –135KE, [FR Doc. 2016–18500 Filed 8–4–16; 8:45 am]
chafing found between the fuel pump –135KL, and –135LR airplanes; and Model
BILLING CODE 4910–13–P
electrical harness and the fuel pump tubing EMB–145, –145ER, –145MR, –145LR,
during scheduled maintenance. We are –145MP, –145EP, and –145XR airplanes); or
issuing this AD to detect and correct chafing Embraer Service Bulletin 145LEG–28–0032,
of the fuel pump harnesses with other parts dated September 15, 2011 (for Model EMB– DEPARTMENT OF TRANSPORTATION
inside the fuel tank, which could present a 135BJ airplanes), as applicable. This service
potential ignition source that could result in information is not incorporated by reference Federal Aviation Administration
a fire or fuel tank explosion. in this AD.
(f) Compliance (j) Other FAA AD Provisions
14 CFR Part 39
Comply with this AD within the The following provisions also apply to this [Docket No. FAA–2016–8184; Directorate
compliance times specified, unless already AD: Identifier 2016–NM–036–AD]
done. (1) Alternative Methods of Compliance
(AMOCs): The Manager, International RIN 2120–AA64
(g) Detailed Inspection and Corrective Branch, ANM–116, Transport Airplane
Action Directorate, FAA, has the authority to Airworthiness Directives; Airbus
Do the actions specified in paragraphs approve AMOCs for this AD, if requested Airplanes
(g)(1) and (g)(2) of this AD at the applicable using the procedures found in 14 CFR 39.19.
times specified in paragraph (h)(1) or (h)(2) In accordance with 14 CFR 39.19, send your AGENCY: Federal Aviation
of this AD. request to your principal inspector or local Administration (FAA), DOT.
(1) Do a detailed inspection for chafing on Flight Standards District Office, as ACTION: Notice of proposed rulemaking
the electrical harness of each electrical fuel appropriate. If sending information directly
pump in the fuel tanks, in accordance with to the International Branch, send it to ATTN:
(NPRM).
the Accomplishment Instructions of Embraer Todd Thompson, Aerospace Engineer,
Service Bulletin 145–28–0030, Revision 01, SUMMARY: We propose to adopt a new
International Branch, ANM–116, Transport
dated October 22, 2010 (for Model EMB– Airplane Directorate, FAA, 1601 Lind airworthiness directive (AD) for all
135ER, –135KE, –135KL, and –135LR Avenue SW., Renton, WA 98057–3356; Airbus Model A300 series airplanes;
airplanes; and Model EMB–145, –145ER, telephone 425–227–1175; fax 425–227–1149. and Airbus Model A300 B4–600, B4–
–145MR, –145LR, –145MP, –145EP, and Information may be emailed to: 9-ANM-116- 600R, and F4–600R series airplanes, and
–145XR airplanes); or Embraer Service AMOC-REQUESTS@faa.gov. Before using Model A300 C4–605R Variant F
Bulletin 145LEG–28–0032, Revision 01, any approved AMOC, notify your appropriate airplanes (collectively called Model
dated November 20, 2012 (for Model EMB– principal inspector, or lacking a principal A300–600 series airplanes). This
135BJ airplanes). If any chafing is found, inspector, the manager of the local flight
before further flight, replace the affected
proposed AD was prompted by reports
standards district office/certificate holding
electrical fuel pump with a new or district office. The AMOC approval letter of cracks in certain pins in the main
serviceable pump having the same part must specifically reference this AD. landing gear (MLG). This proposed AD
number, in accordance with the (2) Contacting the Manufacturer: For any would require repetitive detailed visual
Accomplishment Instructions of Embraer requirement in this AD to obtain corrective inspections of the pins for cracks, and
Service Bulletin 145–28–0030, Revision 01, actions from a manufacturer, the action must replacing the MLG leg if necessary. We
dated October 22, 2010; or Embraer Service be accomplished using a method approved are proposing this AD to detect and
Bulletin 145LEG–28–0032, Revision 01, by the Manager, International Branch, ANM– correct cracking of certain pins in the
dated November 20, 2012; as applicable. 116, Transport Airplane Directorate, FAA; or
(2) Install clamps on the fuel pump
MLG, which could result in a MLG
the Agência Nacional de Aviação Civil
electrical harnesses, in accordance with the (ANAC); or ANAC’s authorized Designee. If collapse, and consequent damage to the
Accomplishment Instructions of Embraer approved by the ANAC Designee, the airplane and injury to the airplane
Service Bulletin 145–28–0030, Revision 01, approval must include the Designee’s occupants.
dated October 22, 2010 (for Model EMB– authorized signature. DATES: We must receive comments on
135ER, –135KE, –135KL, and –135LR
airplanes; and Model EMB–145, –145ER, (k) Related Information this proposed AD by September 19,
–145MR, –145LR, –145MP, –145EP, and (1) Refer to Mandatory Continuing 2016.
–145XR airplanes); or Embraer Service Airworthiness Information (MCAI) Brazilian ADDRESSES: You may send comments,
Bulletin 145LEG–28–0032, Revision 01, Airworthiness Directive 2015–03–01, using the procedures found in 14 CFR
dated November 20, 2012 (for Model EMB– effective March 23, 2015, for related
135BJ airplanes). information. This MCAI may be found in the 11.43 and 11.45, by any of the following
AD docket on the Internet by searching for methods:
(h) Compliance Times and locating Docket No. FAA–2015–3143. • Federal eRulemaking Portal: Go to
(1) For Model EMB–135ER, –135KE, (2) For service information identified in http://www.regulations.gov. Follow the
–135KL, and –135LR airplanes; and Model this AD, contact Empresa Brasileira de instructions for submitting comments.
mstockstill on DSK3G9T082PROD with PROPOSALS
EMB–145, –145ER, –145MR, –145LR, Aeronautica S.A. (Embraer), Technical • Fax: 202–493–2251.
–145MP, –145EP, and –145XR airplanes: Do Publications Section (PC 060), Av. Brigadeiro • Mail: U.S. Department of
the actions specified in paragraph (g) of this Faria Lima, 2170—Putim—12227–901 São Transportation, Docket Operations, M–
AD within 5,000 flight hours or 24 months Jose dos Campos—SP—Brasil; telephone +55
after the effective date of this AD, whichever 12 3927–5852 or +55 12 3309–0732; fax +55 30, West Building Ground Floor, Room
occurs first. 12 3927–7546; email distrib@embraer.com.br; W12–140, 1200 New Jersey Avenue SE.,
(2) For Model EMB–135BJ airplanes: Do Internet http://www.flyembraer.com. You Washington, DC 20590.
the actions specified in paragraph (g) of this may view this service information at the • Hand Delivery: Deliver to Mail
AD within 4,800 flight hours or 48 months FAA, Transport Airplane Directorate, 1601 address above between 9 a.m. and 5
VerDate Sep<11>2014 16:15 Aug 04, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\05AUP1.SGM 05AUP1](https://thefederalregister.org/doc/81_FR_51966/page/4.svg)
Document Created: 2016-08-05 06:43:29
Document Modified: 2016-08-05 06:43:29
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Supplemental notice of proposed rulemaking (NPRM); reopening of comment period. | |
| Dates | We must receive comments on this SNPRM by September 19, 2016. | |
| 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. | |
| FR Citation | 81 FR 51815 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR