Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 and -145 Series Airplanes, 19685-19688 [05-7282]
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Federal Register / Vol. 70, No. 71 / Thursday, April 14, 2005 / Rules and Regulations
Issued in Renton, Washington, on April 5,
2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–7379 Filed 4–13–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2004–19176; Directorate
Identifier 2003–NM–36–AD; Amendment 39–
14054; AD 2005–08–02]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB–135 and –145
Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies to all EMBRAER Model
EMB–135 and –145 series airplanes.
That AD currently requires repetitive
inspections of the electrical connectors
of the electric fuel pumps to detect
discrepancies, and follow-on corrective
actions. This new AD extends the
repetitive intervals for the inspections;
adds new criteria for replacing
discrepant fuel pumps; adds a new
requirement for applying anti-corrosion
spray; adds a requirement to replace all
fuel pumps with improved fuel pumps;
and adds repetitive inspections after all
six fuel pumps are replaced. This AD is
prompted by the manufacturer’s
development of a new modification that
addresses the unsafe condition in the
existing AD. We are issuing this AD to
prevent an ignition source in the fuel
tank or adjacent dry bay, which could
result in fire or explosion.
DATES: This AD becomes effective May
19, 2005.
The incorporation by reference of
certain service information, as listed in
the AD, is approved by the Director of
the Federal Register as of May 19, 2005.
On October 3, 2000 (65 FR 56233,
September 18, 2000), the Director of the
Federal Register approved the
incorporation by reference of certain
other service information.
ADDRESSES: For service information
identified in this AD, contact Empresa
Brasileira de Aeronautica S.A.
(EMBRAER), P.O. Box 343—CEP 12.225,
Sao Jose dos Campos—SP, Brazil.
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Docket: The AD docket contains the
proposed AD, comments, and any final
disposition. You can examine the AD
docket on the Internet at https://
dms.dot.gov, or in person at the Docket
Management Facility office between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Docket Management Facility office
(telephone (800) 647–5227) is located on
the plaza level of the Nassif Building at
the U.S. Department of Transportation,
400 Seventh Street SW., room PL–401,
Washington, DC. This docket number is
FAA–2004–19176; the directorate
identifier for this docket is 2003–NM–
36–AD.
FOR FURTHER INFORMATION CONTACT:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION: The FAA
proposed to amend part 39 of the
Federal Aviation Regulations (14 CFR
part 39) with an AD to supersede AD
2000–19–02, amendment 39–11903 (65
FR 56233, September 18, 2000). The
existing AD applies to all EMBRAER
Model EMB–135 and –145 series
airplanes. The proposed AD was
published in the Federal Register on
September 28, 2004 (69 FR 57888), to
extend the repetitive intervals for the
inspections; add new criteria for
replacing discrepant fuel pumps; add a
new requirement for applying anticorrosion spray; add a requirement to
replace all fuel pumps with improved
fuel pumps; and add repetitive
inspections after all six fuel pumps are
replaced.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments that have
been submitted on the proposed AD.
Request to Extend Compliance Time
One commenter, an operator, ended
the repetitive inspections required by
AD 2000–19–02 for its fleet after
completing an approved alternative
method of compliance (AMOC) with
that AD (after all pumps had been
upgraded to part number (P/N) 2C7–4).
As a result, the operator would need
more time to reinstitute the inspections
specified in the new proposed AD. The
commenter requests that we extend the
proposed compliance time from 1,200 to
2,000 flight hours.
We agree. We find that P/Ns 2C7–4
must be inspected and sprayed within
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19685
8,000 flight cycles after their
replacement, and repeated thereafter at
intervals not to exceed 8,000 flight
cycles. Therefore, for airplanes that have
all P/N 2C7–4 pumps, we have revised
the initial compliance times specified in
paragraph (i) of this AD accordingly.
Request to Change Replacement Part
Requirement
The commenter (the manufacturer)
opposes the proposed requirement to
replace P/N 2C7–1 only with P/N 2C7–
4. From the parallel Brazilian
airworthiness directive 2000–08–01R2,
dated February 13, 2002, the commenter
concludes that the electric fuel pumps
with P/Ns 2C7–1 and 2C7–4 would be
equally airworthy, if they are inspected
within 1,200- and 8,000-flight-hour
intervals, respectively. The commenter
adds that the Brazilian action allows the
8,000-flight-hour interval only when all
pumps on the airplane are P/N 2C7–4.
The commenter considers the
procedures of EMBRAER Service
Bulletin 145–28–0013, dated April 25,
2001, ‘‘technically acceptable as a
‘terminal action’ to prevent fuel tanks
and surrounding areas from ignition
sources.’’ (The proposed AD specified
that service bulletin as the source of
service information for the new
inspections.) The commenter states that
the improvements to the P/N 2C7–4
pump should allow its repetitive
inspection interval to be extended. The
commenter therefore requests that we
revise the proposed AD to change the
replacement part in paragraph (k) from
a ‘‘new electric fuel pump that has part
number (P/N) 2C7–4’’ to a ‘‘serviceable
component’’ and remove paragraphs (l)
and (o) from the proposed AD.
(Paragraph (l) would ensure that all
pumps are P/N 2C7–4; paragraph (o)
would prohibit installing P/N 2C7–1.)
The commenter provides the following
additional support for this request:
• Periodic inspections and anticorrosion spray application within short
intervals were effective in avoiding
blackened and damaged P/N 2C7–1
pumps.
• There have been no reports of failed
pumps due to blackened pins since the
service bulletin was released.
• Pumps with blackened pins have
functioned properly when removed
during the required inspections.
• The results of the manufacturer’s
SFAR 88 critical analysis indicate that
maintaining a pump having P/N 2C7–1
according to the service bulletin would
fulfill the requirements of the proposed
AD.
We agree with the request. We have
determined that undamaged pumps
with P/N 2C7–1 will be adequate if they
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Federal Register / Vol. 70, No. 71 / Thursday, April 14, 2005 / Rules and Regulations
are lubricated, sprayed, and inspected
within 1,200-flight-hour intervals. We
have revised paragraph (k), removed
paragraphs (l) and (o), and redesignated
the paragraphs accordingly in this final
rule.
Request To Extend Repetitive Interval
In light of existing operational data,
the commenter (an operator) requests
that we extend the proposed repetitive
inspection interval from 8,000 to 10,000
flight hours. The commenter states that
this adjustment would align with
current maintenance review board
limitations and save operators
considerable expense associated with
the additional maintenance. The
commenter adds that the previously
described AMOC for AD 2000–19–02
allowed the inspections of its fleet to be
terminated, and notes that no
indications of the identified issues exist.
We disagree with the request to
extend the repetitive interval. The
commenter did not explain how the
data would demonstrate that the unsafe
condition would be addressed. If
additional data are presented that would
justify a longer compliance time, we
may consider further rulemaking on this
issue. In light of this, and in
consideration of the amount of time that
has already elapsed since issuance of
the original notice, we have determined
that further delay of this final rule is not
appropriate. However, paragraph (n)(1)
of this final rule provides affected
operators the opportunity to apply for
an adjustment of the compliance time if
the operator also presents data that
justify the adjustment.
terminates the repetitive inspections
required by paragraph (f) of this AD.’’
We have revised paragraph (i) in this
final rule to clarify that accomplishment
of the initial inspection only is
terminating action.
Additional Change to Proposed AD
The final sentence of proposed
paragraph (i) read as follows: ‘‘Doing the
inspection required by this paragraph
Costs of Compliance
Conclusion
We have carefully reviewed the
available data, including the comments
that have been submitted, and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We have determined that these changes
will neither increase the economic
burden on any operator nor increase the
scope of the AD.
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.
ESTIMATED COSTS
Action
Average
labor rate
per hour
Work hours
Inspections (required
by AD 2000–19–
02).
Repetitive inspections (new proposed action).
Cost per airplane
Parts
Fleet cost
1 per inspection
cycle.
$65
None ..............
$65 per inspection.
290
$18,850 inspection per cycle.
1 per inspection
cycle.
$65
None ..............
$65 per inspection
cycle.
290
$18,850 per inspection cycle.
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.
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
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) 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.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD. See the ADDRESSES section for
a location to examine the regulatory
evaluation.
Regulatory Findings
We have determined that this AD will
not have federalism implications under
Executive Order 13132. This AD will
not have a substantial direct effect on
List of Subjects in 14 CFR Part 39
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Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing amendment 39–11903 (65 FR
56233, September 18, 2000) and adding
the following new airworthiness
directive (AD):
I
2005–08–02 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–14054. Docket No.
FAA–2004–19176; Directorate Identifier
2003–NM–36–AD.
Effective Date
(a) This AD becomes effective May 19,
2005.
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Affected ADs
(b) This AD supersedes AD 2000–19–02,
amendment 39–11903.
Applicability
(c) This AD applies to all EMBRAER Model
EMB–135 and –145 series airplanes,
certificated in any category.
Unsafe Condition
(d) This AD was prompted by the
manufacturer’s development of a new
modification that addresses the unsafe
condition in AD 2000–19–02. We are issuing
this AD to prevent an ignition source in the
fuel tank or adjacent dry bay, which could
result in fire or explosion.
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Restatement of the Requirements of AD
2000–19–02
Repetitive Inspections
(f) Perform a general visual inspection of
the electrical connectors of the fuel pumps in
the right- and left-hand wings to detect
discrepancies (including blackened
connector pins, damage to electrometric
insert, cracks, erosion, or charring), in
accordance with EMBRAER Alert Service
Bulletin S.B. 145–28–A013, dated August 16,
2000, at the times specified in paragraphs
(f)(1), (f)(2), and (f)(3) of this AD, as
applicable. Repeat the inspection thereafter
at intervals not to exceed 400 flight hours
until the inspection required by paragraph (i)
of this AD is done.
(1) For airplanes having 1,200 total flight
hours or less as of October 3, 2000 (the
effective date of AD 2000–19–02, amendment
39–11903): Prior to the accumulation of 1,600
total flight hours.
(2) For airplanes having more than 1,200
total flight hours, but less than 4,000 total
flight hours, as of October 3, 2000: Within
400 flight hours after October 3, 2000.
(3) For airplanes having 4,000 total flight
hours or more as of October 3, 2000: Prior to
the accumulation of 4,400 total flight hours,
or within 50 flight hours after October 3,
2000, whichever occurs later.
Note 1: For the purposes of this AD, a
general visual inspection is ‘‘a visual
examination of a interior or exterior area,
installation or assembly to detect obvious
damage, failure or irregularity. This level of
inspection is made from within touching
distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normal available
lighting conditions such as daylight, hangar
lighting, flashlight or drop-light and may
require removal or opening of access panels
or doors. Stands, ladders or platforms may be
required to gain proximity to the area being
checked.’’
Follow-On Corrective Actions
(g) If any discrepancy (including blackened
connector pins, damage to electrometric
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insert, cracks, erosion, or charring) is
detected after accomplishment of any
inspection required by paragraph (f) of this
AD: Before further flight, replace the fuel
pump and its mating airplane connector in
accordance with EMBRAER Alert Service
Bulletin S.B. 145–28–A013, dated August 16,
2000.
(h) After accomplishment of the
replacement required by paragraph (g) of this
AD, before further flight: Perform a general
visual inspection of the electrical connectors
adjacent to the fuel pump to detect damage
(visible cracks, erosion, or charring), in
accordance with EMBRAER Alert Service
Bulletin S.B. 145–28–A013, dated August 16,
2000, and accomplish the requirements in
paragraph (h)(1) or (h)(2) of this AD, as
applicable.
(1) If any damage is detected, before further
flight, replace the connectors with new ones
in accordance with the alert service bulletin.
(2) If no damage is detected, before further
flight, replace only the socket contacts with
new contacts in accordance with the alert
service bulletin.
New Requirements of This AD
Inspections
(i) Do a general visual inspection of the
electrical connectors of the fuel pumps in the
right- and left-hand wings to detect
discrepancies (including any corrosion,
surface irregularities, damaged plating,
blackened pins, damaged elastomeric inserts,
cracks, erosion, or charring of the connector).
Do the first inspection at the applicable time
in paragraph (i)(1), (i)(2), or (i)(3) of this AD,
in accordance with part I of the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–28–0013, dated April
25, 2001. Repeat the inspection thereafter at
intervals not to exceed 1,200 flight hours
until all six fuel pumps are replaced with P/
N 2C7–4 pumps. When all six fuel pumps
have been replaced with P/N 2C7–4 pumps,
repeat the inspection thereafter at intervals
not to exceed 8,000 flight hours. Doing the
initial inspection required by this paragraph
terminates the repetitive inspections required
by paragraph (f) of this AD.
(1) For airplanes that have been inspected
in accordance with paragraph (f) of this AD
as of the effective date of this AD but do not
have all six P/N 2C7–4 pumps: Within 1,200
flight hours since the most recent inspection
done in accordance with paragraph (f) of this
AD.
(2) For airplanes inspected in accordance
with paragraph (f) of this AD as of the
effective date of this AD that have all six P/
N 2C7–4 pumps: Within 8,000 flight cycles
since replacement of all six pumps with P/
N 2C7–4 pumps, or within 2,000 flight cycles
after the effective date of this AD, whichever
occurs later.
(3) For airplanes that have not been
inspected in accordance with paragraph (f) of
this AD as of the effective date of this AD:
Within 1,200 flight hours after the effective
date of this AD.
Corrective Action If No Discrepancy Is Found
(j) If there is no evidence of a discrepancy
found during any inspection required by
paragraph (i) of this AD: Before further flight,
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19687
apply anti-corrosion spray on the male
contacts of the fuel pump electrical
connectors in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–28–0013, dated April
25, 2001.
Replacement If Any Discrepancy Is Found
(k) If any evidence of a discrepancy is
found during any inspection required by
paragraph (i) of this AD: Before further flight,
replace the electric fuel pump with a
serviceable pump in accordance with the
Accomplishment Instructions of EMBRAER
Service Bulletin 145–28–0013, dated April
25, 2001. After the replacement, repeat the
inspection required by paragraph (i) of this
AD at the applicable interval in that
paragraph.
Inspection and Corrective Actions
(l) Before further flight after replacing a
fuel pump, as required by paragraph (k) of
this AD: Do a general visual inspection for
damage of the mating aircraft connectors; and
do the applicable corrective action in
paragraph (l)(1) or (l)(2) of this AD; in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
145–28–0013, dated April 25, 2001.
(1) If there is any sign of damage to the
mating aircraft connectors: Replace the
affected connector with a new connector, and
apply anti-corrosion spray on the male
contacts of the fuel pump electric connectors.
(2) If there is no sign of damage to the
mating aircraft connectors: Replace only the
socket contacts with new socket contacts,
and apply anti-corrosion spray on the male
contacts of the fuel pump electric connectors.
Master Minimum Equipment List (MMEL)
(m) The inspections required by
paragraphs (f) and (i) of this AD apply to the
six electric fuel pumps in the right- and lefthand wings (three pumps in each wing). For
pump replacement planning purposes, the
airplane may be operated in accordance with
the provisions and limitations specified in an
operator’s FAA-approved MMEL, provided
that no more than one fuel pump on each
wing on the airplane is inoperative.
Note 2: When operating under the MMEL,
operators must comply with the unusable
fuel quantity as referenced in the Limitations
Section of the appropriate FAA-approved
Airplane Flight Manual.
Alternative Methods of Compliance (AMOCs)
(n)(1) 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.
(2) Alternative methods of compliance,
approved previously per AD 2000–19–02,
amendment 39–11903, are not approved as
alternative methods of compliance with this
AD.
Related Information
(o) Brazilian airworthiness directive 2000–
08–01R2, dated February 13, 2002, also
addresses the subject of this AD.
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Material Incorporated by Reference
(p) You must use EMBRAER Alert Service
Bulletin S.B. 145–28–A013, dated August 16,
2000; and EMBRAER Service Bulletin 145–
28–0013, dated April 25, 2001; as applicable;
to perform the actions that are required by
this AD, unless the AD specifies otherwise.
(1) The incorporation by reference of
EMBRAER Service Bulletin 145–28–0013,
dated April 25, 2001, is approved by the
Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
(2) The incorporation by reference of
EMBRAER Alert Service Bulletin S.B. 145–
28–A013, dated August 16, 2000, was
approved previously by the Director of the
Federal Register as of October 3, 2000 (65 FR
56233, September 18, 2000).
(3) Copies may be obtained from Empresa
Brasileira de Aeronautica S.A. (EMBRAER),
P.O. Box 343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil. Copies may be
inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or 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 https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on April 1,
2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 05–7282 Filed 4–13–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 744, and 774
[Docket No. 050401091–5091–01]
RIN 0694–AD37
Expansion of the Country Scope of the
License Requirements that Apply to
Chemical/Biological (CB) Equipment
and Related Technology; Amendments
to CB-Related End-User/End-Use and
U.S. Person Controls
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The Bureau of Industry and
Security (BIS) is publishing this final
rule to amend the Export
Administration Regulations (EAR) by
increasing the country scope of
chemical/biological (CB) controls on
those Commerce Control List (CCL)
entries that contain chemical/biological
equipment and related technology
included on the Australia Group (AG)
Common Control Lists. Specifically, this
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14:15 Apr 13, 2005
Jkt 205001
final rule expands the country scope of
the CB license requirements for these
CCL entries from certain countries of
concern for chemical/biological
weapons reasons to all destinations,
worldwide, except for those countries
that participate in the Australia Group
(AG). These changes are intended to
make the EAR license requirements that
apply to chemical/biological equipment
and related technology identified on the
AG Common Control Lists consistent
with the AG ‘‘Guidelines for Transfers
of Sensitive Chemical or Biological
Items.’’
In addition, this rule amends certain
end-user and end-use based controls in
the EAR by expanding these controls to
include transfers (in-country), as well as
exports and reexports. Specifically, this
final rule expands the EAR restrictions
on certain chemical and biological
weapons end-uses to apply to exports,
reexports, and transfers of items subject
to the EAR to or within any country or
destination, worldwide. Prior to the
publication of this rule, such
restrictions applied only to exports and
reexports.
Finally, this rule amends the EAR by
expanding the country scope of the
restrictions on certain activities of U.S.
persons to include activities in support
of the design, development, production,
stockpiling, or use of chemical or
biological weapons in or by any country
or destination, worldwide. This change
makes the country scope of these U.S.
person controls consistent with the
country scope of the chemical and
biological weapons end-user/end-use
controls in Section 744.4 of the EAR, as
described above.
DATES: This rule is effective April 14,
2005. Although there is no formal
comment period, public comments on
this regulation are welcome on a
continuing basis.
ADDRESSES: You may submit comments,
identified by RIN 0694–AD37, by any of
the following methods:
• E-mail: wfisher@bis.doc.gov.
Include ‘‘RIN 0694–AD37’’ in the
subject line of the message.
• Fax: (202) 482–3355. Please alert
the Regulatory Policy Division, by
calling (202) 482–2440, if you are faxing
comments.
• Mail or Hand Delivery/Courier:
Willard Fisher, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230,
ATTN: RIN 0694–AD37.
FOR FURTHER INFORMATION CONTACT:
Mark Sagrans, Office of
Nonproliferation and Treaty
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Compliance, Bureau of Industry and
Security, telephone: (202) 482–7900.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security
(BIS) is amending the Export
Administration Regulations (EAR) by
increasing the country scope of the
chemical/biological (CB) controls that
apply to entries on the Commerce
Control List (CCL) (Supplement No. 1 to
Part 774 of the EAR) that list chemical/
biological equipment and related
technology included on the Australia
Group (AG) Common Control Lists. The
AG is a multilateral forum, consisting of
38 participating countries, that
maintains export controls on lists of
chemicals, biological agents, and related
equipment and technology that could be
used in a chemical or biological
weapons program.
Specifically, this rule amends Export
Control Classification Numbers (ECCNs)
1A004, 2A226, 2A292, 2B350, 2B351,
2B352, 2E001, 2E002, 2E201, 2E290,
and 2E301 by revising the License
Requirements section in each of these
ECCNs to expand the country scope of
the CB license requirements for these
ECCNs from CB Column 3 to CB
Column 2. The countries that require a
license under CB Column 2 or CB
Column 3 are indicated in the
Commerce Country Chart (Supplement
No. 1 to Part 738 of the EAR). Prior to
the publication of this rule, these ECCNs
required a license, for CB reasons, only
to certain countries of concern for
chemical/biological weapons reasons.
Effective with the publication of this
rule, the CB license requirements for
these ECCNs now apply to all
destinations, worldwide, except for
those countries that participate in the
Australia Group (AG), i.e., those
countries identified in Country Group
A:3 (Australia Group) in Supplement
No. 1 to Part 740 of the EAR.
This rule also amends ECCN 1E001
by: (1) revising the ECCN, in
conformance with entry 1.E.1 on the
Wassenaar Arrangement (WA) ‘‘List of
Dual-Use Goods and Technologies,’’ to
control technology for the
‘‘development’’ or ‘‘production’’ of
equipment controlled by 1A004; (2)
expanding the CB Column 2 controls in
ECCN 1E001 to include technology for
the ‘‘development’’ or ‘‘production’’ of
chemical detection systems and
dedicated detectors therefor, in 1A004.c,
that also have the technical
characteristics described in 2B351.a;
and (3) correcting the NS Column 1
controls in ECCN 1E001 to include
technology for the ‘‘development’’ or
‘‘production’’ of metals and compounds
E:\FR\FM\14APR1.SGM
14APR1
]]>Agencies
[Federal Register Volume 70, Number 71 (Thursday, April 14, 2005)]
[Rules and Regulations]
[Pages 19685-19688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7282]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2004-19176; Directorate Identifier 2003-NM-36-AD;
Amendment 39-14054; AD 2005-08-02]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and -145 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all EMBRAER Model EMB-135 and -145 series
airplanes. That AD currently requires repetitive inspections of the
electrical connectors of the electric fuel pumps to detect
discrepancies, and follow-on corrective actions. This new AD extends
the repetitive intervals for the inspections; adds new criteria for
replacing discrepant fuel pumps; adds a new requirement for applying
anti-corrosion spray; adds a requirement to replace all fuel pumps with
improved fuel pumps; and adds repetitive inspections after all six fuel
pumps are replaced. This AD is prompted by the manufacturer's
development of a new modification that addresses the unsafe condition
in the existing AD. We are issuing this AD to prevent an ignition
source in the fuel tank or adjacent dry bay, which could result in fire
or explosion.
DATES: This AD becomes effective May 19, 2005.
The incorporation by reference of certain service information, as
listed in the AD, is approved by the Director of the Federal Register
as of May 19, 2005.
On October 3, 2000 (65 FR 56233, September 18, 2000), the Director
of the Federal Register approved the incorporation by reference of
certain other service information.
ADDRESSES: For service information identified in this AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
Docket: The AD docket contains the proposed AD, comments, and any
final disposition. You can examine the AD docket on the Internet at
https://dms.dot.gov, or in person at the Docket Management Facility
office between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the U.S.
Department of Transportation, 400 Seventh Street SW., room PL-401,
Washington, DC. This docket number is FAA-2004-19176; the directorate
identifier for this docket is 2003-NM-36-AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: The FAA proposed to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) with an AD to supersede
AD 2000-19-02, amendment 39-11903 (65 FR 56233, September 18, 2000).
The existing AD applies to all EMBRAER Model EMB-135 and -145 series
airplanes. The proposed AD was published in the Federal Register on
September 28, 2004 (69 FR 57888), to extend the repetitive intervals
for the inspections; add new criteria for replacing discrepant fuel
pumps; add a new requirement for applying anti-corrosion spray; add a
requirement to replace all fuel pumps with improved fuel pumps; and add
repetitive inspections after all six fuel pumps are replaced.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
submitted on the proposed AD.
Request to Extend Compliance Time
One commenter, an operator, ended the repetitive inspections
required by AD 2000-19-02 for its fleet after completing an approved
alternative method of compliance (AMOC) with that AD (after all pumps
had been upgraded to part number (P/N) 2C7-4). As a result, the
operator would need more time to reinstitute the inspections specified
in the new proposed AD. The commenter requests that we extend the
proposed compliance time from 1,200 to 2,000 flight hours.
We agree. We find that P/Ns 2C7-4 must be inspected and sprayed
within 8,000 flight cycles after their replacement, and repeated
thereafter at intervals not to exceed 8,000 flight cycles. Therefore,
for airplanes that have all P/N 2C7-4 pumps, we have revised the
initial compliance times specified in paragraph (i) of this AD
accordingly.
Request to Change Replacement Part Requirement
The commenter (the manufacturer) opposes the proposed requirement
to replace P/N 2C7-1 only with P/N 2C7-4. From the parallel Brazilian
airworthiness directive 2000-08-01R2, dated February 13, 2002, the
commenter concludes that the electric fuel pumps with P/Ns 2C7-1 and
2C7-4 would be equally airworthy, if they are inspected within 1,200-
and 8,000-flight-hour intervals, respectively. The commenter adds that
the Brazilian action allows the 8,000-flight-hour interval only when
all pumps on the airplane are P/N 2C7-4. The commenter considers the
procedures of EMBRAER Service Bulletin 145-28-0013, dated April 25,
2001, ``technically acceptable as a `terminal action' to prevent fuel
tanks and surrounding areas from ignition sources.'' (The proposed AD
specified that service bulletin as the source of service information
for the new inspections.) The commenter states that the improvements to
the P/N 2C7-4 pump should allow its repetitive inspection interval to
be extended. The commenter therefore requests that we revise the
proposed AD to change the replacement part in paragraph (k) from a
``new electric fuel pump that has part number (P/N) 2C7-4'' to a
``serviceable component'' and remove paragraphs (l) and (o) from the
proposed AD. (Paragraph (l) would ensure that all pumps are P/N 2C7-4;
paragraph (o) would prohibit installing P/N 2C7-1.) The commenter
provides the following additional support for this request:
Periodic inspections and anti-corrosion spray application
within short intervals were effective in avoiding blackened and damaged
P/N 2C7-1 pumps.
There have been no reports of failed pumps due to
blackened pins since the service bulletin was released.
Pumps with blackened pins have functioned properly when
removed during the required inspections.
The results of the manufacturer's SFAR 88 critical
analysis indicate that maintaining a pump having P/N 2C7-1 according to
the service bulletin would fulfill the requirements of the proposed AD.
We agree with the request. We have determined that undamaged pumps
with P/N 2C7-1 will be adequate if they
[[Page 19686]]
are lubricated, sprayed, and inspected within 1,200-flight-hour
intervals. We have revised paragraph (k), removed paragraphs (l) and
(o), and redesignated the paragraphs accordingly in this final rule.
Request To Extend Repetitive Interval
In light of existing operational data, the commenter (an operator)
requests that we extend the proposed repetitive inspection interval
from 8,000 to 10,000 flight hours. The commenter states that this
adjustment would align with current maintenance review board
limitations and save operators considerable expense associated with the
additional maintenance. The commenter adds that the previously
described AMOC for AD 2000-19-02 allowed the inspections of its fleet
to be terminated, and notes that no indications of the identified
issues exist.
We disagree with the request to extend the repetitive interval. The
commenter did not explain how the data would demonstrate that the
unsafe condition would be addressed. If additional data are presented
that would justify a longer compliance time, we may consider further
rulemaking on this issue. In light of this, and in consideration of the
amount of time that has already elapsed since issuance of the original
notice, we have determined that further delay of this final rule is not
appropriate. However, paragraph (n)(1) of this final rule provides
affected operators the opportunity to apply for an adjustment of the
compliance time if the operator also presents data that justify the
adjustment.
Additional Change to Proposed AD
The final sentence of proposed paragraph (i) read as follows:
``Doing the inspection required by this paragraph terminates the
repetitive inspections required by paragraph (f) of this AD.'' We have
revised paragraph (i) in this final rule to clarify that accomplishment
of the initial inspection only is terminating action.
Conclusion
We have carefully reviewed the available data, including the
comments that have been submitted, and determined that air safety and
the public interest require adopting the AD with the changes described
previously. We have determined that these changes will neither increase
the economic burden on any operator nor increase the scope of the AD.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of
Average Cost per U.S.-
Action Work hours labor rate Parts airplane registered Fleet cost
per hour airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections (required by AD 1 per inspection $65 None............ $65 per 290 $18,850 inspection per cycle.
2000-19-02). cycle. inspection.
Repetitive inspections (new 1 per inspection $65 None............ $65 per 290 $18,850 per inspection cycle.
proposed action). cycle. inspection
cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 have 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 DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) 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.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD. See the ADDRESSES section for a location to
examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
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 removing amendment 39-11903 (65 FR
56233, September 18, 2000) and adding the following new airworthiness
directive (AD):
2005-08-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14054. Docket No. FAA-2004-19176; Directorate
Identifier 2003-NM-36-AD.
Effective Date
(a) This AD becomes effective May 19, 2005.
[[Page 19687]]
Affected ADs
(b) This AD supersedes AD 2000-19-02, amendment 39-11903.
Applicability
(c) This AD applies to all EMBRAER Model EMB-135 and -145 series
airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by the manufacturer's development of a
new modification that addresses the unsafe condition in AD 2000-19-
02. We are issuing this AD to prevent an ignition source in the fuel
tank or adjacent dry bay, which could result in fire or explosion.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Restatement of the Requirements of AD 2000-19-02
Repetitive Inspections
(f) Perform a general visual inspection of the electrical
connectors of the fuel pumps in the right- and left-hand wings to
detect discrepancies (including blackened connector pins, damage to
electrometric insert, cracks, erosion, or charring), in accordance
with EMBRAER Alert Service Bulletin S.B. 145-28-A013, dated August
16, 2000, at the times specified in paragraphs (f)(1), (f)(2), and
(f)(3) of this AD, as applicable. Repeat the inspection thereafter
at intervals not to exceed 400 flight hours until the inspection
required by paragraph (i) of this AD is done.
(1) For airplanes having 1,200 total flight hours or less as of
October 3, 2000 (the effective date of AD 2000-19-02, amendment 39-
11903): Prior to the accumulation of 1,600 total flight hours.
(2) For airplanes having more than 1,200 total flight hours, but
less than 4,000 total flight hours, as of October 3, 2000: Within
400 flight hours after October 3, 2000.
(3) For airplanes having 4,000 total flight hours or more as of
October 3, 2000: Prior to the accumulation of 4,400 total flight
hours, or within 50 flight hours after October 3, 2000, whichever
occurs later.
Note 1: For the purposes of this AD, a general visual inspection
is ``a visual examination of a interior or exterior area,
installation or assembly to detect obvious damage, failure or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normal available lighting
conditions such as daylight, hangar lighting, flashlight or drop-
light and may require removal or opening of access panels or doors.
Stands, ladders or platforms may be required to gain proximity to
the area being checked.''
Follow-On Corrective Actions
(g) If any discrepancy (including blackened connector pins,
damage to electrometric insert, cracks, erosion, or charring) is
detected after accomplishment of any inspection required by
paragraph (f) of this AD: Before further flight, replace the fuel
pump and its mating airplane connector in accordance with EMBRAER
Alert Service Bulletin S.B. 145-28-A013, dated August 16, 2000.
(h) After accomplishment of the replacement required by
paragraph (g) of this AD, before further flight: Perform a general
visual inspection of the electrical connectors adjacent to the fuel
pump to detect damage (visible cracks, erosion, or charring), in
accordance with EMBRAER Alert Service Bulletin S.B. 145-28-A013,
dated August 16, 2000, and accomplish the requirements in paragraph
(h)(1) or (h)(2) of this AD, as applicable.
(1) If any damage is detected, before further flight, replace
the connectors with new ones in accordance with the alert service
bulletin.
(2) If no damage is detected, before further flight, replace
only the socket contacts with new contacts in accordance with the
alert service bulletin.
New Requirements of This AD
Inspections
(i) Do a general visual inspection of the electrical connectors
of the fuel pumps in the right- and left-hand wings to detect
discrepancies (including any corrosion, surface irregularities,
damaged plating, blackened pins, damaged elastomeric inserts,
cracks, erosion, or charring of the connector). Do the first
inspection at the applicable time in paragraph (i)(1), (i)(2), or
(i)(3) of this AD, in accordance with part I of the Accomplishment
Instructions of EMBRAER Service Bulletin 145-28-0013, dated April
25, 2001. Repeat the inspection thereafter at intervals not to
exceed 1,200 flight hours until all six fuel pumps are replaced with
P/N 2C7-4 pumps. When all six fuel pumps have been replaced with P/N
2C7-4 pumps, repeat the inspection thereafter at intervals not to
exceed 8,000 flight hours. Doing the initial inspection required by
this paragraph terminates the repetitive inspections required by
paragraph (f) of this AD.
(1) For airplanes that have been inspected in accordance with
paragraph (f) of this AD as of the effective date of this AD but do
not have all six P/N 2C7-4 pumps: Within 1,200 flight hours since
the most recent inspection done in accordance with paragraph (f) of
this AD.
(2) For airplanes inspected in accordance with paragraph (f) of
this AD as of the effective date of this AD that have all six P/N
2C7-4 pumps: Within 8,000 flight cycles since replacement of all six
pumps with P/N 2C7-4 pumps, or within 2,000 flight cycles after the
effective date of this AD, whichever occurs later.
(3) For airplanes that have not been inspected in accordance
with paragraph (f) of this AD as of the effective date of this AD:
Within 1,200 flight hours after the effective date of this AD.
Corrective Action If No Discrepancy Is Found
(j) If there is no evidence of a discrepancy found during any
inspection required by paragraph (i) of this AD: Before further
flight, apply anti-corrosion spray on the male contacts of the fuel
pump electrical connectors in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 145-28-0013, dated April
25, 2001.
Replacement If Any Discrepancy Is Found
(k) If any evidence of a discrepancy is found during any
inspection required by paragraph (i) of this AD: Before further
flight, replace the electric fuel pump with a serviceable pump in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 145-28-0013, dated April 25, 2001. After the replacement,
repeat the inspection required by paragraph (i) of this AD at the
applicable interval in that paragraph.
Inspection and Corrective Actions
(l) Before further flight after replacing a fuel pump, as
required by paragraph (k) of this AD: Do a general visual inspection
for damage of the mating aircraft connectors; and do the applicable
corrective action in paragraph (l)(1) or (l)(2) of this AD; in
accordance with the Accomplishment Instructions of EMBRAER Service
Bulletin 145-28-0013, dated April 25, 2001.
(1) If there is any sign of damage to the mating aircraft
connectors: Replace the affected connector with a new connector, and
apply anti-corrosion spray on the male contacts of the fuel pump
electric connectors.
(2) If there is no sign of damage to the mating aircraft
connectors: Replace only the socket contacts with new socket
contacts, and apply anti-corrosion spray on the male contacts of the
fuel pump electric connectors.
Master Minimum Equipment List (MMEL)
(m) The inspections required by paragraphs (f) and (i) of this
AD apply to the six electric fuel pumps in the right- and left-hand
wings (three pumps in each wing). For pump replacement planning
purposes, the airplane may be operated in accordance with the
provisions and limitations specified in an operator's FAA-approved
MMEL, provided that no more than one fuel pump on each wing on the
airplane is inoperative.
Note 2: When operating under the MMEL, operators must comply
with the unusable fuel quantity as referenced in the Limitations
Section of the appropriate FAA-approved Airplane Flight Manual.
Alternative Methods of Compliance (AMOCs)
(n)(1) 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.
(2) Alternative methods of compliance, approved previously per
AD 2000-19-02, amendment 39-11903, are not approved as alternative
methods of compliance with this AD.
Related Information
(o) Brazilian airworthiness directive 2000-08-01R2, dated
February 13, 2002, also addresses the subject of this AD.
[[Page 19688]]
Material Incorporated by Reference
(p) You must use EMBRAER Alert Service Bulletin S.B. 145-28-
A013, dated August 16, 2000; and EMBRAER Service Bulletin 145-28-
0013, dated April 25, 2001; as applicable; to perform the actions
that are required by this AD, unless the AD specifies otherwise.
(1) The incorporation by reference of EMBRAER Service Bulletin
145-28-0013, dated April 25, 2001, is approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) The incorporation by reference of EMBRAER Alert Service
Bulletin S.B. 145-28-A013, dated August 16, 2000, was approved
previously by the Director of the Federal Register as of October 3,
2000 (65 FR 56233, September 18, 2000).
(3) Copies may be obtained from Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos
Campos--SP, Brazil. Copies may be inspected at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or
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 https://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html.
Issued in Renton, Washington, on April 1, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-7282 Filed 4-13-05; 8:45 am]
BILLING CODE 4910-13-P
