82 FR 27419 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 82, Issue 114 (June 15, 2017)
Federal Aviation Administration
Federal Register Volume 82, Issue 114 (June 15, 2017)
| Page Range | 27419-27422 | |
| FR Document | 2017-12168 |
[Federal Register Volume 82, Number 114 (Thursday, June 15, 2017)] [Rules and Regulations] [Pages 27419-27422] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12168] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2015-3143; Directorate Identifier 2015-NM-047-AD; Amendment 39-18924; AD 2017-12-09] RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes. This AD was prompted by a report of chafing found between the fuel pump electrical harness and the fuel pump tubing during scheduled maintenance. This AD requires a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, replacement of the affected electrical fuel pump with a new or serviceable pump if necessary, and installation of clamps on the fuel pump electrical harnesses. We are issuing this AD to address the unsafe condition on these products. DATES: This AD is effective July 20, 2017. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of July 20, 2017. ADDRESSES: For service information identified in this final rule, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim- 12227-901 S[atilde]o Jose dos Campos-SP-Brasil; telephone +55 12 3927- 5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3143. Examining the AD Docket You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015- 3143; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. SUPPLEMENTARY INFORMATION: Discussion We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes. The SNPRM published in the Federal Register on August 5, 2016 (81 FR 51815) (``the SNPRM''). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on August 21, 2015 (80 FR 50812) (``the NPRM''). The NPRM proposed to require a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, replacement of the [[Page 27420]] affected electrical fuel pump with a new or serviceable pump if necessary, and installation of clamps on the fuel pump electrical harnesses. The NPRM was prompted by a report of chafing found between the fuel pump electrical harness and the fuel pump tubing during scheduled maintenance. The SNPRM proposed to require a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, replacement of the affected electrical fuel pump with a new or serviceable pump if necessary, and installation of clamps on the fuel pump electrical harnesses. The SNPRM also proposed to require revising the NPRM by expanding the proposed applicability and revising the compliance time for the detailed inspection. We are issuing this AD to detect and correct chafing of the fuel pump harnesses with other parts inside the fuel tank, which could present a potential ignition source that could result in a fire or fuel tank explosion. The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2015-03-01, effective March 23, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or ``the MCAI''), to correct an unsafe condition for certain Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes. The MCAI states: Chafing between the fuel pump electrical harness and fuel pump tubing was detected during scheduled maintenance. We are issuing this [Brazilian] AD to protect the fuel pump harnesses against chafing with other parts inside the fuel tank, which could present a potential ignition source that could result in a fire or fuel tank explosion. The required actions include a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, replacement of the affected electrical fuel pump with a new or serviceable pump if necessary, and installation of clamps on the fuel pump electrical harnesses. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3143. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the SNPRM or on the determination of the cost to the public. Conclusion We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:Are consistent with the intent that was proposed in the SNPRM for correcting the unsafe condition; and Do not add any additional burden upon the public than was already proposed in the SNPRM. Related Service Information Under 1 CFR Part 51 We reviewed Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010; and Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012. The service information describes procedures for a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, replacement of the affected electrical fuel pump with a new or serviceable pump if necessary, and installation of clamps on the fuel pump electrical harnesses. These documents are distinct since they apply to different airplane models. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance We estimate that this AD affects 731 airplanes of U.S. registry. We estimate the following costs to comply with this AD: Estimated Costs ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Action Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- Inspection and installation........ 11 work-hours x $85 per $0 $935 $683,485 hour = $935. ---------------------------------------------------------------------------------------------------------------- We estimate the following costs to do any necessary replacements that will be required based on the results of the required inspection. We have no way of determining the number of aircraft that might need this replacement: On-Condition Costs ---------------------------------------------------------------------------------------------------------------- Cost per Action Labor cost Parts cost product ---------------------------------------------------------------------------------------------------------------- Replacement................................ 6 work-hours x $85 per hour = $510. $11,242 $11,752 ---------------------------------------------------------------------------------------------------------------- According to the manufacturer, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all costs in our cost estimate. Authority for This Rulemaking Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. ``Subtitle VII: Aviation Programs,'' describes in more detail the scope of the Agency's authority. We are issuing this rulemaking under the authority described in ``Subtitle VII, Part A, Subpart III, Section 44701: General requirements.'' Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on [[Page 27421]] products identified in this rulemaking action. Regulatory Findings We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: 1. Is not a ``significant regulatory action'' under Executive Order 12866; 2. Is not a ``significant rule'' under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 3. Will not affect intrastate aviation in Alaska; and 4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows: PART 39--AIRWORTHINESS DIRECTIVES 0 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. Sec. 39.13 [Amended] 0 2. The FAA amends Sec. 39.13 by adding the following new airworthiness directive (AD): 2017-12-09 Empresa Brasileira de Aeronautica S.A. (Embraer): Amendment 39-18924; Docket No. FAA-2015-3143; Directorate Identifier 2015-NM-047-AD. (a) Effective Date This AD is effective July 20, 2017. (b) Affected ADs None. (c) Applicability This AD applies to the airplanes specified in paragraphs (c)(1) and (c)(2) of this AD. (1) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB- 135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, - 145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes, certificated in any category, as identified in Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010. (2) Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB- 135BJ airplanes, certificated in any category, as identified in Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012. (d) Subject Air Transport Association (ATA) of America Code 28, Fuel. (e) Reason This AD was prompted by a report of chafing found between the fuel pump electrical harness and the fuel pump tubing during scheduled maintenance. We are issuing this AD to detect and correct chafing of the fuel pump harnesses with other parts inside the fuel tank, which could present a potential ignition source that could result in a fire or fuel tank explosion. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Detailed Inspection and Corrective Action Do the actions specified in paragraphs (g)(1) and (g)(2) of this AD at the applicable times specified in paragraph (h)(1) or (h)(2) of this AD. (1) Do a detailed inspection for chafing on the electrical harness of each electrical fuel pump in the fuel tanks, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010 (for Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes); or Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012 (for Model EMB-135BJ airplanes). If any chafing is found, before further flight, replace the affected electrical fuel pump with a new or serviceable pump having the same part number, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010; or Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012; as applicable. (2) Install clamps on the fuel pump electrical harnesses, in accordance with the Accomplishment Instructions of Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010 (for Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and -145XR airplanes); or Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012 (for Model EMB-135BJ airplanes). (h) Compliance Times (1) For Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP, and - 145XR airplanes: Do the actions specified in paragraph (g) of this AD within 5,000 flight hours or 24 months after the effective date of this AD, whichever occurs first. (2) For Model EMB-135BJ airplanes: Do the actions specified in paragraph (g) of this AD within 4,800 flight hours or 48 months after the effective date of this AD, whichever occurs first. (i) Credit for Previous Actions This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Embraer Service Bulletin 145-28-0030, dated September 1, 2010 (for Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, -145LR, -145MP, - 145EP, and -145XR airplanes); or Embraer Service Bulletin 145LEG-28- 0032, dated September 15, 2011 (for Model EMB-135BJ airplanes), as applicable. (j) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the International Branch, send it to the attention of the person identified in paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature. (k) Related Information (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Brazilian Airworthiness Directive 2015-03-01, effective March 23, 2015, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-3143. (2) For more information about this AD, contact Todd Thompson, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057- 3356; telephone 425-227-1175; fax 425-227-1149. (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (l)(4) of this AD. [[Page 27422]] (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Embraer Service Bulletin 145-28-0030, Revision 01, dated October 22, 2010. (ii) Embraer Service Bulletin 145LEG-28-0032, Revision 01, dated November 20, 2012. (3) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170- Putim-12227-901 S[atilde]o Jose dos Campos-SP-Brasil; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com. (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. Issued in Renton, Washington, on June 2, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017-12168 Filed 6-14-17; 8:45 am] BILLING CODE 4910-13-P
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CFR 39.19. In accordance with 14 CFR 39.19, (4) You may view this service information Empresa Brasileira de Aeronautica S.A.
send your request to your principal inspector at the FAA, Transport Airplane Directorate, (Embraer), Technical Publications
or local Flight Standards District Office, as 1601 Lind Avenue SW., Renton, WA. For Section (PC 060), Av. Brigadeiro Faria
appropriate. If sending information directly information on the availability of this
to the manager of the ACO, send it to the
Lima, 2170–Putim–12227–901 São Jose
material at the FAA, call 425–227–1221.
attention of the person identified in (5) You may view this service information dos Campos–SP–Brasil; telephone +55
paragraph (j) of this AD. Information may be that is incorporated by reference at the 12 3927–5852 or +55 12 3309–0732; fax
emailed to: 9-ANM-Seattle-ACO-AMOC- National Archives and Records +55 12 3927–7546; email distrib@
Requests@faa.gov. Administration (NARA). For information on embraer.com.br; Internet http://
(2) Before using any approved AMOC, the availability of this material at NARA, call www.flyembraer.com. You may view
notify your appropriate principal inspector, 202–741–6030, or go to: http:// this referenced service information at
or lacking a principal inspector, the manager www.archives.gov/federal-register/cfr/ibr- the FAA, Transport Airplane
of the local flight standards district office/ locations.html.
certificate holding district office. Directorate, 1601 Lind Avenue SW.,
(3) An AMOC that provides an acceptable Issued in Renton, Washington, on June 2, Renton, WA. For information on the
level of safety may be used for any repair, 2017. availability of this material at the FAA,
modification, or alteration required by this Michael Kaszycki, call 425–227–1221. It is also available
AD if it is approved by the Boeing Acting Manager, Transport Airplane on the Internet at http://
Commercial Airplanes Organization Directorate, Aircraft Certification Service. www.regulations.gov by searching for
Designation Authorization (ODA) that has and locating Docket No. FAA–2015–
[FR Doc. 2017–12172 Filed 6–14–17; 8:45 am]
been authorized by the Manager, Seattle
ACO, to make those findings. To be BILLING CODE 4910–13–P 3143.
approved, the repair method, modification Examining the AD Docket
deviation, or alteration deviation must meet
the certification basis of the airplane, and the DEPARTMENT OF TRANSPORTATION You may examine the AD docket on
approval must specifically refer to this AD. the Internet at http://
(4) For service information that contains Federal Aviation Administration www.regulations.gov by searching for
steps that are labeled as Required for and locating Docket No. FAA–2015–
Compliance (RC), the provisions of 14 CFR Part 39 3143; or in person at the Docket
paragraphs (i)(4)(i) and (i)(4)(ii) of this AD Management Facility between 9 a.m.
apply. [Docket No. FAA–2015–3143; Directorate
(i) The steps labeled as RC, including Identifier 2015–NM–047–AD; Amendment and 5 p.m., Monday through Friday,
substeps under an RC step and any figures 39–18924; AD 2017–12–09] except Federal holidays. The AD docket
identified in an RC step, must be done to contains this AD, the regulatory
RIN 2120–AA64 evaluation, any comments received, and
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
Airworthiness Directives; Empresa other information. The street address for
requirement is removed from that step or the Docket Office (telephone 800–647–
substep. An AMOC is required for any Brasileira de Aeronautica S.A.
(Embraer) Airplanes 5527) is Docket Management Facility,
deviations to RC steps, including substeps U.S. Department of Transportation,
and identified figures.
(ii) Steps not labeled as RC may be
AGENCY: Federal Aviation Docket Operations, M–30, West
deviated from using accepted methods in Administration (FAA), Department of Building Ground Floor, Room W12–140,
accordance with the operator’s maintenance Transportation (DOT). 1200 New Jersey Avenue SE.,
or inspection program without obtaining ACTION: Final rule. Washington, DC 20590.
approval of an AMOC, provided the RC steps, FOR FURTHER INFORMATION CONTACT:
including substeps and identified figures, can SUMMARY: We are adopting a new Todd Thompson, Aerospace Engineer,
still be done as specified, and the airplane airworthiness directive (AD) for certain International Branch, ANM–116,
can be put back in an airworthy condition. Empresa Brasileira de Aeronautica S.A. Transport Airplane Directorate, FAA,
(j) Related Information (Embraer) Model EMB–135 airplanes 1601 Lind Avenue SW., Renton, WA
For more information about this AD, and Model EMB–145, –145ER, –145MR, 98057–3356; telephone 425–227–1175;
contact Stanley Chen, Aerospace Engineer, –145LR, –145MP, –145EP, and –145XR fax 425–227–1149.
Cabin Safety and Environmental Systems airplanes. This AD was prompted by a
SUPPLEMENTARY INFORMATION:
Branch, ANM–150S, FAA, Seattle ACO, 1601 report of chafing found between the fuel
Lind Avenue SW., Renton, WA 98057–3356; pump electrical harness and the fuel Discussion
phone: 425–917–6585; fax: 425–917–6590; pump tubing during scheduled
email: stanley.chen@faa.gov. We issued a supplemental notice of
maintenance. This AD requires a proposed rulemaking (SNPRM) to
(k) Material Incorporated by Reference detailed inspection for chafing on the amend 14 CFR part 39 by adding an AD
(1) The Director of the Federal Register electrical harness of each electrical fuel that would apply to certain Empresa
approved the incorporation by reference pump in the fuel tanks, replacement of Brasileira de Aeronautica S.A. (Embraer)
(IBR) of the service information listed in this the affected electrical fuel pump with a Model EMB–135 airplanes and Model
paragraph under 5 U.S.C. 552(a) and 1 CFR new or serviceable pump if necessary,
part 51.
EMB–145, –145ER, –145MR, –145LR,
and installation of clamps on the fuel –145MP, –145EP, and –145XR
(2) You must use this service information pump electrical harnesses. We are
as applicable to do the actions required by airplanes. The SNPRM published in the
issuing this AD to address the unsafe Federal Register on August 5, 2016 (81
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 737– condition on these products. FR 51815) (‘‘the SNPRM’’). We preceded
21A1203, dated June 8, 2016. DATES: This AD is effective July 20, the SNPRM with a notice of proposed
pmangrum on DSK3GDR082PROD with RULES
(ii) Reserved. 2017. rulemaking (NPRM) that published in
(3) For service information identified in The Director of the Federal Register the Federal Register on August 21, 2015
this AD, contact Boeing Commercial approved the incorporation by reference
Airplanes, Attention: Contractual & Data
(80 FR 50812) (‘‘the NPRM’’). The
of certain publications listed in this AD NPRM proposed to require a detailed
Services (C&DS), 2600 Westminster Blvd.,
MC 110–SK57, Seal Beach, CA 90740–5600; as of July 20, 2017. inspection for chafing on the electrical
telephone 562–797–1717; Internet https:// ADDRESSES: For service information harness of each electrical fuel pump in
www.myboeingfleet.com. identified in this final rule, contact the fuel tanks, replacement of the
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affected electrical fuel pump with a new –145MP, and –145EP airplanes. The • Are consistent with the intent that
or serviceable pump if necessary, and MCAI states: was proposed in the SNPRM for
installation of clamps on the fuel pump Chafing between the fuel pump electrical correcting the unsafe condition; and
electrical harnesses. The NPRM was harness and fuel pump tubing was detected • Do not add any additional burden
prompted by a report of chafing found during scheduled maintenance. We are upon the public than was already
between the fuel pump electrical issuing this [Brazilian] AD to protect the fuel proposed in the SNPRM.
harness and the fuel pump tubing pump harnesses against chafing with other
during scheduled maintenance. The parts inside the fuel tank, which could Related Service Information Under 1
SNPRM proposed to require a detailed present a potential ignition source that could CFR Part 51
inspection for chafing on the electrical result in a fire or fuel tank explosion.
harness of each electrical fuel pump in The required actions include a We reviewed Embraer Service
the fuel tanks, replacement of the detailed inspection for chafing on the Bulletin 145–28–0030, Revision 01,
affected electrical fuel pump with a new electrical harness of each electrical fuel dated October 22, 2010; and Embraer
or serviceable pump if necessary, and pump in the fuel tanks, replacement of Service Bulletin 145LEG–28–0032,
installation of clamps on the fuel pump the affected electrical fuel pump with a Revision 01, dated November 20, 2012.
electrical harnesses. The SNPRM also new or serviceable pump if necessary, The service information describes
proposed to require revising the NPRM and installation of clamps on the fuel procedures for a detailed inspection for
by expanding the proposed applicability pump electrical harnesses. You may chafing on the electrical harness of each
and revising the compliance time for the examine the MCAI in the AD docket on electrical fuel pump in the fuel tanks,
detailed inspection. We are issuing this the Internet at http:// replacement of the affected electrical
AD to detect and correct chafing of the www.regulations.gov by searching for fuel pump with a new or serviceable
fuel pump harnesses with other parts and locating Docket No. FAA–2015– pump if necessary, and installation of
inside the fuel tank, which could 3143. clamps on the fuel pump electrical
present a potential ignition source that harnesses. These documents are distinct
could result in a fire or fuel tank Comments since they apply to different airplane
explosion. We gave the public the opportunity to models. This service information is
The Agência Nacional de Aviação participate in developing this AD. We reasonably available because the
Civil (ANAC), which is the aviation received no comments on the SNPRM or interested parties have access to it
authority for Brazil, has issued Brazilian on the determination of the cost to the through their normal course of business
Airworthiness Directive 2015–03–01, public. or by the means identified in the
effective March 23, 2015 (referred to ADDRESSES section.
after this as the Mandatory Continuing Conclusion
Airworthiness Information, or ‘‘the We reviewed the relevant data and Costs of Compliance
MCAI’’), to correct an unsafe condition determined that air safety and the
for certain Empresa Brasileira de public interest require adopting this AD We estimate that this AD affects 731
Aeronautica S.A. (Embraer) Model as proposed except for minor editorial airplanes of U.S. registry.
EMB–135 airplanes and Model EMB– changes. We have determined that these We estimate the following costs to
145, –145ER, –145MR, –145LR, minor changes: comply with this AD:
ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
Inspection and installation ...... 11 work-hours × $85 per hour = $935 ................................... $0 $935 $683,485
We estimate the following costs to do required based on the results of the determining the number of aircraft that
any necessary replacements that will be required inspection. We have no way of might need this replacement:
ON-CONDITION COSTS
Cost per
Action Labor cost Parts cost product
Replacement .................................... 6 work-hours × $85 per hour = $510 ........................................................ $11,242 $11,752
According to the manufacturer, some Authority for This Rulemaking Part A, Subpart III, Section 44701:
of the costs of this AD may be covered General requirements.’’ Under that
Title 49 of the United States Code
under warranty, thereby reducing the specifies the FAA’s authority to issue section, Congress charges the FAA with
cost impact on affected individuals. We rules on aviation safety. Subtitle I, promoting safe flight of civil aircraft in
pmangrum on DSK3GDR082PROD with RULES
do not control warranty coverage for section 106, describes the authority of air commerce by prescribing regulations
affected individuals. As a result, we the FAA Administrator. ‘‘Subtitle VII: for practices, methods, and procedures
have included all costs in our cost Aviation Programs,’’ describes in more the Administrator finds necessary for
estimate. detail the scope of the Agency’s safety in air commerce. This regulation
authority. is within the scope of that authority
We are issuing this rulemaking under because it addresses an unsafe condition
the authority described in ‘‘Subtitle VII, that is likely to exist or develop on
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products identified in this rulemaking Embraer Service Bulletin 145–28–0030, after the effective date of this AD, whichever
action. Revision 01, dated October 22, 2010. occurs first.
(2) Empresa Brasileira de Aeronautica S.A. (2) For Model EMB–135BJ airplanes: Do
Regulatory Findings (Embraer) Model EMB–135BJ airplanes, the actions specified in paragraph (g) of this
We determined that this AD will not certificated in any category, as identified in AD within 4,800 flight hours or 48 months
Embraer Service Bulletin 145LEG–28–0032, after the effective date of this AD, whichever
have federalism implications under
Revision 01, dated November 20, 2012. occurs first.
Executive Order 13132. This AD will
not have a substantial direct effect on (d) Subject (i) Credit for Previous Actions
the States, on the relationship between Air Transport Association (ATA) of This paragraph provides credit for actions
the national government and the States, America Code 28, Fuel. required by paragraph (g) of this AD, if those
or on the distribution of power and actions were performed before the effective
(e) Reason date of this AD using Embraer Service
responsibilities among the various
levels of government. This AD was prompted by a report of Bulletin 145–28–0030, dated September 1,
chafing found between the fuel pump 2010 (for Model EMB–135ER, –135KE,
For the reasons discussed above, I
electrical harness and the fuel pump tubing –135KL, and –135LR airplanes; and Model
certify that this AD: during scheduled maintenance. We are EMB–145, –145ER, –145MR, –145LR,
1. Is not a ‘‘significant regulatory issuing this AD to detect and correct chafing –145MP, –145EP, and –145XR airplanes); or
action’’ under Executive Order 12866; of the fuel pump harnesses with other parts Embraer Service Bulletin 145LEG–28–0032,
2. Is not a ‘‘significant rule’’ under the inside the fuel tank, which could present a dated September 15, 2011 (for Model EMB–
DOT Regulatory Policies and Procedures potential ignition source that could result in 135BJ airplanes), as applicable.
(44 FR 11034, February 26, 1979); a fire or fuel tank explosion.
(j) Other FAA AD Provisions
3. Will not affect intrastate aviation in
(f) Compliance The following provisions also apply to this
Alaska; and
4. Will not have a significant Comply with this AD within the AD:
economic impact, positive or negative, compliance times specified, unless already (1) Alternative Methods of Compliance
done. (AMOCs): The Manager, International
on a substantial number of small entities Branch, ANM–116, Transport Airplane
under the criteria of the Regulatory (g) Detailed Inspection and Corrective Directorate, FAA, has the authority to
Flexibility Act. Action approve AMOCs for this AD, if requested
Do the actions specified in paragraphs using the procedures found in 14 CFR 39.19.
List of Subjects in 14 CFR Part 39
(g)(1) and (g)(2) of this AD at the applicable In accordance with 14 CFR 39.19, send your
Air transportation, Aircraft, Aviation times specified in paragraph (h)(1) or (h)(2) request to your principal inspector or local
safety, Incorporation by reference, of this AD. Flight Standards District Office, as
Safety. (1) Do a detailed inspection for chafing on appropriate. If sending information directly
the electrical harness of each electrical fuel to the International Branch, send it to the
Adoption of the Amendment pump in the fuel tanks, in accordance with attention of the person identified in
Accordingly, under the authority the Accomplishment Instructions of Embraer paragraph (k)(2) of this AD. Information may
delegated to me by the Administrator, Service Bulletin 145–28–0030, Revision 01, be emailed to: 9-ANM-116-AMOC-
dated October 22, 2010 (for Model EMB– REQUESTS@faa.gov.
the FAA amends 14 CFR part 39 as 135ER, –135KE, –135KL, and –135LR Before using any approved AMOC, notify
follows: airplanes; and Model EMB–145, –145ER, your appropriate principal inspector, or
–145MR, –145LR, –145MP, –145EP, and lacking a principal inspector, the manager of
PART 39—AIRWORTHINESS –145XR airplanes); or Embraer Service the local flight standards district office/
DIRECTIVES Bulletin 145LEG–28–0032, Revision 01, certificate holding district office.
dated November 20, 2012 (for Model EMB– (2) Contacting the Manufacturer: For any
■ 1. The authority citation for part 39 135BJ airplanes). If any chafing is found, requirement in this AD to obtain corrective
continues to read as follows: before further flight, replace the affected actions from a manufacturer, the action must
Authority: 49 U.S.C. 106(g), 40113, 44701. electrical fuel pump with a new or be accomplished using a method approved
serviceable pump having the same part by the Manager, International Branch, ANM–
§ 39.13 [Amended] number, in accordance with the 116, Transport Airplane Directorate, FAA; or
Accomplishment Instructions of Embraer the Agência Nacional de Aviação Civil
■ 2. The FAA amends § 39.13 by adding Service Bulletin 145–28–0030, Revision 01, (ANAC); or ANAC’s authorized Designee. If
the following new airworthiness dated October 22, 2010; or Embraer Service approved by the ANAC Designee, the
directive (AD): Bulletin 145LEG–28–0032, Revision 01, approval must include the Designee’s
2017–12–09 Empresa Brasileira de dated November 20, 2012; as applicable. authorized signature.
Aeronautica S.A. (Embraer): (2) Install clamps on the fuel pump
(k) Related Information
Amendment 39–18924; Docket No. electrical harnesses, in accordance with the
FAA–2015–3143; Directorate Identifier Accomplishment Instructions of Embraer (1) Refer to Mandatory Continuing
2015–NM–047–AD. Service Bulletin 145–28–0030, Revision 01, Airworthiness Information (MCAI) Brazilian
dated October 22, 2010 (for Model EMB– Airworthiness Directive 2015–03–01,
(a) Effective Date 135ER, –135KE, –135KL, and –135LR effective March 23, 2015, for related
This AD is effective July 20, 2017. airplanes; and Model EMB–145, –145ER, information. This MCAI may be found in the
–145MR, –145LR, –145MP, –145EP, and AD docket on the Internet at http://
(b) Affected ADs –145XR airplanes); or Embraer Service www.regulations.gov by searching for and
None. Bulletin 145LEG–28–0032, Revision 01, locating Docket No. FAA–2015–3143.
dated November 20, 2012 (for Model EMB– (2) For more information about this AD,
(c) Applicability 135BJ airplanes). contact Todd Thompson, Aerospace
pmangrum on DSK3GDR082PROD with RULES
This AD applies to the airplanes specified Engineer, International Branch, ANM–116,
in paragraphs (c)(1) and (c)(2) of this AD. (h) Compliance Times Transport Airplane Directorate, FAA, 1601
(1) Empresa Brasileira de Aeronautica S.A. (1) For Model EMB–135ER, –135KE, Lind Avenue SW., Renton, WA 98057–3356;
(Embraer) Model EMB–135ER, –135KE, –135KL, and –135LR airplanes; and Model telephone 425–227–1175; fax 425–227–1149.
–135KL, and –135LR airplanes; and Model EMB–145, –145ER, –145MR, –145LR, (3) Service information identified in this
EMB–145, –145ER, –145MR, –145LR, –145MP, –145EP, and –145XR airplanes: Do AD that is not incorporated by reference is
–145MP, –145EP, and –145XR airplanes, the actions specified in paragraph (g) of this available at the addresses specified in
certificated in any category, as identified in AD within 5,000 flight hours or 24 months paragraphs (l)(3) and (l)(4) of this AD.
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![27422 Federal Register / Vol. 82, No. 114 / Thursday, June 15, 2017 / Rules and Regulations
(l) Material Incorporated by Reference single-employer plans covered by the rate, and an increase of 0.14 percent in
(1) The Director of the Federal Register pension insurance system administered the ultimate rate, the final rate.
approved the incorporation by reference by PBGC. The July 2017 interest assumptions
(IBR) of the service information listed in this DATES: Effective July 1, 2017. under the benefit payments regulation
paragraph under 5 U.S.C. 552(a) and 1 CFR will be 1.00 percent for the period
FOR FURTHER INFORMATION CONTACT:
part 51. during which a benefit is in pay status
(2) You must use this service information Deborah C. Murphy (Murphy.Deborah@
as applicable to do the actions required by PBGC.gov), Assistant General Counsel and 4.00 percent during any years
this AD, unless this AD specifies otherwise. for Regulatory Affairs, Pension Benefit preceding the benefit’s placement in pay
(i) Embraer Service Bulletin 145–28–0030, Guaranty Corporation, 1200 K Street status. In comparison with the interest
Revision 01, dated October 22, 2010. NW., Washington, DC 20005, 202–326– assumptions in effect for June 2017,
(ii) Embraer Service Bulletin 145LEG–28– 4400 ext. 3451. (TTY/TDD users may these interest assumptions are
0032, Revision 01, dated November 20, 2012. call the Federal relay service toll free at unchanged.
(3) For service information identified in 1–800–877–8339 and ask to be PBGC has determined that notice and
this AD, contact Empresa Brasileira de public comment on this amendment are
Aeronautica S.A. (Embraer), Technical
connected to 202–326–4400 ext. 3451.)
SUPPLEMENTARY INFORMATION: PBGC’s impracticable and contrary to the public
Publications Section (PC 060), Av. Brigadeiro
Faria Lima, 2170–Putim–12227–901 São Jose regulations on Allocation of Assets in interest. This finding is based on the
dos Campos–SP–Brasil; telephone +55 12 Single-Employer Plans (29 CFR part need to determine and issue new
3927–5852 or +55 12 3309–0732; fax +55 12 4044) and Benefits Payable in interest assumptions promptly so that
3927–7546; email distrib@embraer.com.br; Terminated Single-Employer Plans (29 the assumptions can reflect current
Internet http://www.flyembraer.com. CFR part 4022) prescribe actuarial market conditions as accurately as
(4) You may view this service information possible.
assumptions—including interest
at the FAA, Transport Airplane Directorate, Because of the need to provide
1601 Lind Avenue SW., Renton, WA. For assumptions—for valuing and paying
plan benefits under terminating single- immediate guidance for the valuation
information on the availability of this
material at the FAA, call 425–227–1221. employer plans covered by title IV of and payment of benefits under plans
(5) You may view this service information the Employee Retirement Income with valuation dates during July 2017,
that is incorporated by reference at the Security Act of 1974. The interest PBGC finds that good cause exists for
National Archives and Records assumptions in the regulations are also making the assumptions set forth in this
Administration (NARA). For information on published on PBGC’s Web site (http:// amendment effective less than 30 days
the availability of this material at NARA, call www.pbgc.gov). after publication.
202–741–6030, or go to: http:// The interest assumptions in appendix PBGC has determined that this action
www.archives.gov/federal-register/cfr/ibr- is not a ‘‘significant regulatory action’’
locations.html.
B to part 4044 are used to value benefits
for allocation purposes under ERISA under the criteria set forth in Executive
Issued in Renton, Washington, on June 2, section 4044. PBGC uses the interest Order 12866.
2017. assumptions in appendix B to part 4022 Because no general notice of proposed
Michael Kaszycki, to determine whether a benefit is rulemaking is required for this
Acting Manager, Transport Airplane payable as a lump sum and to determine amendment, the Regulatory Flexibility
Directorate, Aircraft Certification Service. the amount to pay. Appendix C to part Act of 1980 does not apply. See 5 U.S.C.
[FR Doc. 2017–12168 Filed 6–14–17; 8:45 am] 4022 contains interest assumptions for 601(2).
BILLING CODE 4910–13–P private-sector pension practitioners to
List of Subjects
refer to if they wish to use lump-sum
interest rates determined using PBGC’s 29 CFR Part 4022
PENSION BENEFIT GUARANTY historical methodology. Currently, the Employee benefit plans, Pension
CORPORATION rates in appendices B and C of the insurance, Pensions, Reporting and
benefit payment regulation are the same. recordkeeping requirements.
29 CFR Parts 4022 and 4044 The interest assumptions are intended
to reflect current conditions in the 29 CFR Part 4044
Allocation of Assets in Single- financial and annuity markets.
Employer Plans; Benefits Payable in Employee benefit plans, Pension
Assumptions under the asset allocation insurance, Pensions.
Terminated Single-Employer Plans; regulation are updated quarterly;
Interest Assumptions for Valuing and assumptions under the benefit payments In consideration of the foregoing, 29
Paying Benefits regulation are updated monthly. This CFR parts 4022 and 4044 are amended
final rule updates the benefit payments as follows:
AGENCY: Pension Benefit Guaranty
Corporation. interest assumptions for July 2017 and
PART 4022—BENEFITS PAYABLE IN
ACTION: Final rule. updates the asset allocation interest
TERMINATED SINGLE-EMPLOYER
assumptions for the third quarter (July
SUMMARY: This final rule amends the PLANS
through September) of 2017.
Pension Benefit Guaranty Corporation’s The third quarter 2017 interest ■ 1. The authority citation for part 4022
regulations on Benefits Payable in assumptions under the allocation continues to read as follows:
Terminated Single-Employer Plans and regulation will be 2.44 percent for the
Allocation of Assets in Single-Employer first 20 years following the valuation Authority: 29 U.S.C. 1302, 1322, 1322b,
Plans to prescribe interest assumptions date and 2.74 percent thereafter. In 1341(c)(3)(D), and 1344.
pmangrum on DSK3GDR082PROD with RULES
under the benefit payments regulation comparison with the interest ■ 2. In appendix B to part 4022, Rate Set
for valuation dates in July 2017 and assumptions in effect for the second 285, as set forth below, is added to the
interest assumptions under the asset quarter of 2017, these interest table.
allocation regulation for valuation dates assumptions represent no change in the
in the third quarter of 2017. The interest select period (the period during which Appendix B to Part 4022—Lump Sum
assumptions are used for valuing and the select rate, the initial rate, applies), Interest Rates for PBGC Payments
paying benefits under terminating an increase of 0.29 percent in the select * * * * *
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Document Created: 2017-06-15 01:03:42
Document Modified: 2017-06-15 01:03:42
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This AD is effective July 20, 2017. | |
| 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 | 82 FR 27419 | |
| RIN Number | 2120-AA64 | |
| CFR Associated | Air Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety |
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