Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP Airplanes, 36011-36014 [05-12301]

Download as PDF Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations Eddy Current Inspection DEPARTMENT OF TRANSPORTATION (k) If the ultrasonic inspection shows any signs of cracks or damage, conduct an eddy current inspection of the threads in the hub bore before further flight. Use paragraph 2.3 of the Accomplishment Instructions of Hoffmann Propeller Service Instruction (SI) No. 61–10–05 SI E 4D, dated March 16, 2005, to perform this inspection. (l) If you find any signs of cracks or damage to the propeller hub outside serviceable limits during the eddy current inspection, repair or replace the propeller before further flight. Credit for Previous Inspections (m) Previous credit is allowed for propeller hub inspections performed under the requirements of AD 2004–18–01. Hub Inspection Report (n) Complete Hoffmann Hub Inspection Report HO–V343 detailing any blade shake, blade nut preload history and final blade nut retorque force and forward report to Hoffmann Propeller GmbH & Co KG, ¨ Kupferlingstra+e 9, D–83022 Rosenheim, Germany, telephone ++49–(0)8031–1878–0; fax ++49–(0)8031–1878–78. Alternative Methods of Compliance (AMOCs) (o) The Manager, Boston Aircraft Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Material Incorporated by Reference (p) You must use Hoffmann Propeller Service Instruction No. 61–10–05 SI E 4D, dated March 16, 2005, to perform the checks and inspections required by this AD. The Director of the Federal Register approved the incorporation by reference of this service bulletin in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You can get a copy from Hoffmann Propeller GmbH & Co KG, ¨ Kupferlingstra+e 9, D–83022 Rosenheim, Germany, telephone ++49–(0)8031–1878–0; fax ++49–(0)8031–1878–78; 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. Related Information (q) LBA airworthiness directive D–2004– 352R4, dated April 10, 2005, which holds EASA Approval No. 2005–2514, also addresses the subject of this AD. Issued in Burlington, Massachusetts, on June 13, 2005. Francis A. Favara, Acting Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. 05–12172 Filed 6–21–05; 8:45 am] BILLING CODE 4910–13–P VerDate jul<14>2003 15:52 Jun 21, 2005 Jkt 205001 Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2005–21598; Directorate Identifier 2005–NM–121–AD; Amendment 39–14159; AD 2005–13–22] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB–135 Airplanes and Model EMB–145, –145ER, –145MR, –145LR, –145XR, –145MP, and –145EP Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: SUMMARY: The FAA is superseding an existing airworthiness directive (AD) that applies to all EMBRAER Model EMB–135 and –145 airplanes. The existing AD currently requires repetitive inspections of the electrical connectors of the electric fuel pumps to detect discrepancies, application of anticorrosion spray, replacement of all fuel pumps with improved fuel pumps, repetitive inspections after all six fuel pumps are replaced, and applicable corrective actions. This new AD retains those requirements but revises the initial compliance time for an inspection for certain airplanes. This new AD is prompted by the need to correct a compliance time 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: Effective July 7, 2005. On May 19, 2005 (70 FR 19685, April 14, 2005), the Director of the Federal Register approved the incorporation by reference of EMBRAER Service Bulletin 145–28–0013, dated April 25, 2001. On October 3, 2000 (65 FR 56233, September 18, 2000), the Director of the Federal Register approved the incorporation by reference of EMBRAER Alert Service Bulletin S.B. 145–28– A013, dated August 16, 2000. We must receive any comments on this AD by August 22, 2005. ADDRESSES: Use one of the following addresses to submit comments on this AD. • DOT Docket Web Site: Go to https://dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide Rulemaking Web Site: Go to https://www.regulations.gov PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 36011 and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., Nassif Building, room PL–401, Washington, DC 20590. • Fax: (202) 493–2251. • Hand Delivery: Room PL–401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 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. You can examine the contents of this AD docket on the Internet at https:// dms.dot.gov, or in person at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA–2005– 21598; the directorate identifier for this docket is 2005–NM–121–AD. Examining the Docket 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 DOT street address stated in the ADDRESSES section. Comments will be available in the AD docket shortly after the Docket Management System (DMS) receives them. 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: On April 1, 2005, the FAA issued AD 2005–08– 02, amendment 39–14054 (70 FR 19685, April 14, 2005). That AD applies to all EMBRAER Model EMB–135 and –145 series airplanes. That AD requires repetitive inspections of the electrical connectors of the electric fuel pumps to detect discrepancies, follow-on corrective actions, replacement of discrepant fuel pumps under certain conditions, application of anti-corrosion spray, eventual replacement of all fuel pumps with improved fuel pumps; and repetitive inspections after all six fuel pumps are replaced. That AD was prompted by the manufacturer’s development of a new modification that E:\FR\FM\22JNR1.SGM 22JNR1 36012 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations addresses the unsafe condition. The actions specified in that AD are intended to prevent an ignition source in the fuel tank or adjacent dry bay, which could result in fire or explosion. Actions Since AD Was Issued Since we issued that AD, we have learned that paragraph (i)(2), as published in AD 2005–08–02, includes an incorrect compliance time. That AD incorrectly identified the compliance times in terms of ‘‘flight cycles’’ instead of ‘‘flight hours.’’ The inadvertent transposition occurred during the preparation of the final rule. Explanation of Change to Applicability The FAA has revised the applicability of the existing AD to identify model designations as published in the most recent type certificate data sheet for the affected models. FAA’s Determination and Requirements of This AD These airplane models are manufactured in Brazil and are type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. We are issuing this AD to supersede AD 2005–08–02. This new AD retains the requirements of the existing AD, with the sole change to the compliance time in paragraph (i)(2) described previously. FAA’s Determination of the Effective Date Providing notice and opportunity for public comment before the AD is issued is unnecessary as the substance of the AD is unchanged, and good cause exists to make this AD effective in less than 30 days. Comments Invited This AD is a final rule that involves requirements that affect flight safety and was not preceded by notice and an opportunity for public comment; however, we invite you to submit any relevant written data, views, or arguments regarding this AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2005–21598; Directorate Identifier 2005–NM–121–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the AD. We will consider all comments received by the closing date and may amend the AD in light of those comments. VerDate jul<14>2003 15:52 Jun 21, 2005 Jkt 205001 We will post all comments we receive, without change, to https:// dms.dot.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this AD. Using the search function of our docket Web site, anyone can find and read the comments in any of our dockets, including the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You can review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78), or you can visit https://dms.dot.gov. 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 the regulation: 1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866; 2. Is not a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 Accordingly, under the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (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 39–14054 (70 FR 19685, April 14, 2005) and adding the following new AD: I 2005–13–22 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA–2005–21598; Directorate Identifier 2005–NM–121–AD; Amendment 39–14159. Effective Date (a) This AD becomes effective July 7, 2005. Affected ADs (b) This AD supersedes AD 2005–08–02, amendment 39–14054. Applicability: (c) This AD applies to all EMBRAER Model EMB–135BJ, –135ER, –135KE, –135KL, and –135LR airplanes; and Model EMB–145, –145ER, –145MR, and –145LR airplanes; certificated in any category. Unsafe Condition (d) This AD was prompted by the need to correct a compliance time 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. 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. 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. E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations (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.’’ until all six fuel pumps are replaced with pumps having part number (P/N) 2C7–4. 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 were inspected in accordance with paragraph (f) of this AD on or before May 19, 2005 (the effective date of AD 2005–08–02), but did not have all six P/ N 2C7–4 pumps as of May 19, 2005: Within 1,200 flight hours since the most recent inspection done in accordance with paragraph (f) of this AD. (2) For airplanes that were inspected in accordance with paragraph (f) of this AD on or before May 19, 2005, that had all six P/ N 2C7–4 pumps as of May 19, 2005: Within 8,000 flight hours since replacement of all six pumps with P/N 2C7–4 pumps, or within 2,000 flight hours after the effective date of this AD, whichever occurs later. (3) For airplanes that were not inspected in accordance with paragraph (f) of this AD on or before May 19, 2005: Within 1,200 flight hours after May 19, 2005. 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. Corrective Action If No Discrepancy Is Found 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 VerDate jul<14>2003 15:52 Jun 21, 2005 Jkt 205001 (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. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 36013 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. Material Incorporated by Reference (p) Unless the AD specifies otherwise, 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. (1) The incorporation by reference of EMBRAER Service Bulletin 145–28–0013, dated April 25, 2001, was approved previously by the Director of the Federal Register as of May 19, 2005 (70 FR 19685, April 14, 2005). (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) To get copies of the service information, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil. To view the AD docket, go to the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street SW., room PL–401, Nassif Building, Washington, DC. To review copies of the service information, go to the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741– 6030, or go to https://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. E:\FR\FM\22JNR1.SGM 22JNR1 36014 Federal Register / Vol. 70, No. 119 / Wednesday, June 22, 2005 / Rules and Regulations Issued in Renton, Washington, on June 15, 2005. Kevin M. Mullin, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–12301 Filed 6–21–05; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2005–20617; Airspace Docket No. 05–AAL–12] RIN 2120–AA66 Establishment of Area Navigation (RNAV) Routes; AK Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This action establishes a low altitude area navigation (RNAV) route T–270 in Alaska to support the Alaskan Capstone Program. The FAA is taking this action to enhance safety and improve the efficient use of the navigable airspace in Alaska. DATES: 0901 UTC, September 1, 2005. FOR FURTHER INFORMATION CONTACT: Ken McElroy, Airspace and Rules, Office of System Operations and Safety, Federal Aviation Administration, 800 Independence Avenue, SW., Washington,DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: History On April 11, 2005, the FAA published in the Federal Register a notice of proposed rulemaking to establish a low altitude RNAV route in Alaska (70 FR 18335). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal. No comments were received. Related Rulemaking On April 8, 2003, the FAA published the Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service * * T–270 OAY to SHH [New] OAY ............................................................... HEXOG .......................................................... SHH ................................................................ * VerDate jul<14>2003 Routes, and Reporting Points rule in the Federal Register (68 FR 16943). This rule adopted certain amendments proposed in Notice No. 02–20, Area Navigation (RNAV) and Miscellaneous Amendments. The rule adopted and revised several definitions in FAA regulations, including Air Traffic Service Routes, to be in concert with International Civil Aviation Organization definitions; and reorganized the structure of FAA regulations concerning the designation of Class A, B, C, D, and E airspace areas, airways, routes, and reporting points. The purpose of the rule was to facilitate the establishment of RNAV routes in the National Airspace System for use by aircraft with advanced navigation system capabilities. On May 9, 2003, the FAA published the Establishment of Area Navigation Routes (RNAV) rule in the Federal Register (68 FR 24864). The Rule This action amends Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing T–270 RNAV in Alaska within the airspace assigned to the Anchorage Air Route Control Center (ARTCC). This route was developed as part of the Capstone Program. This action will enhance safety, and facilitate the more flexible and efficient use of the navigable airspace for enroute instrument flight rules (IFR) operations within Alaska. Low altitude RNAV routes are published in paragraph 2006 of FAA Order 7400.9M dated August 30, 2004 and effective September 16, 2004, which is incorporated by reference in 14 CFR 71.1. The low altitude RNAV route listed in this document will be published subsequently in the order. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory * * Jkt 205001 PO 00000 * Frm 00030 Fmt 4700 Sfmt 4700 Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, Policies and Procedures for Considering Environmental Impacts. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: I PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9M, Airspace Designations and Reporting Points, dated August 30, 2004, and effective September 16, 2004, is amended as follows: I Paragraph 2006 * NDB ............................................................... WP ................................................................. NDB ............................................................... * 16:28 Jun 21, 2005 * Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Area Navigation Routes * * (lat. 64°41′46″ N., long. 162°03′46″ W.) (lat. 65°28′25″ N., long. 163°57′20″ W.) (lat. 66°15′29″ N., long. 166°03′09″ W.) * E:\FR\FM\22JNR1.SGM * 22JNR1 *

Agencies

[Federal Register Volume 70, Number 119 (Wednesday, June 22, 2005)]
[Rules and Regulations]
[Pages 36011-36014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12301]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21598; Directorate Identifier 2005-NM-121-AD; 
Amendment 39-14159; AD 2005-13-22]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 Airplanes and Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD) that applies to all EMBRAER Model EMB-135 and -145 airplanes. The 
existing AD currently requires repetitive inspections of the electrical 
connectors of the electric fuel pumps to detect discrepancies, 
application of anti-corrosion spray, replacement of all fuel pumps with 
improved fuel pumps, repetitive inspections after all six fuel pumps 
are replaced, and applicable corrective actions. This new AD retains 
those requirements but revises the initial compliance time for an 
inspection for certain airplanes. This new AD is prompted by the need 
to correct a compliance time 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: Effective July 7, 2005.
    On May 19, 2005 (70 FR 19685, April 14, 2005), the Director of the 
Federal Register approved the incorporation by reference of EMBRAER 
Service Bulletin 145-28-0013, dated April 25, 2001.
    On October 3, 2000 (65 FR 56233, September 18, 2000), the Director 
of the Federal Register approved the incorporation by reference of 
EMBRAER Alert Service Bulletin S.B. 145-28-A013, dated August 16, 2000.
    We must receive any comments on this AD by August 22, 2005.

ADDRESSES: Use one of the following addresses to submit comments on 
this AD.
     DOT Docket Web Site: Go to https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide Rulemaking Web Site: Go to https://
www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 400 Seventh Street SW., Nassif Building, room PL-401, 
Washington, DC 20590.
     Fax: (202) 493-2251.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    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.
    You can examine the contents of this AD docket on the Internet at 
https://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2005-21598; the directorate identifier for this 
docket is 2005-NM-121-AD.

Examining the Docket

    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 DOT 
street address stated in the ADDRESSES section. Comments will be 
available in the AD docket shortly after the Docket Management System 
(DMS) receives them.

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: On April 1, 2005, the FAA issued AD 2005-08-
02, amendment 39-14054 (70 FR 19685, April 14, 2005). That AD applies 
to all EMBRAER Model EMB-135 and -145 series airplanes. That AD 
requires repetitive inspections of the electrical connectors of the 
electric fuel pumps to detect discrepancies, follow-on corrective 
actions, replacement of discrepant fuel pumps under certain conditions, 
application of anti-corrosion spray, eventual replacement of all fuel 
pumps with improved fuel pumps; and repetitive inspections after all 
six fuel pumps are replaced. That AD was prompted by the manufacturer's 
development of a new modification that

[[Page 36012]]

addresses the unsafe condition. The actions specified in that AD are 
intended to prevent an ignition source in the fuel tank or adjacent dry 
bay, which could result in fire or explosion.

Actions Since AD Was Issued

    Since we issued that AD, we have learned that paragraph (i)(2), as 
published in AD 2005-08-02, includes an incorrect compliance time. That 
AD incorrectly identified the compliance times in terms of ``flight 
cycles'' instead of ``flight hours.'' The inadvertent transposition 
occurred during the preparation of the final rule.

Explanation of Change to Applicability

    The FAA has revised the applicability of the existing AD to 
identify model designations as published in the most recent type 
certificate data sheet for the affected models.

FAA's Determination and Requirements of This AD

    These airplane models are manufactured in Brazil and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement.
    We are issuing this AD to supersede AD 2005-08-02. This new AD 
retains the requirements of the existing AD, with the sole change to 
the compliance time in paragraph (i)(2) described previously.

FAA's Determination of the Effective Date

    Providing notice and opportunity for public comment before the AD 
is issued is unnecessary as the substance of the AD is unchanged, and 
good cause exists to make this AD effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements that affect 
flight safety and was not preceded by notice and an opportunity for 
public comment; however, we invite you to submit any relevant written 
data, views, or arguments regarding this AD. Send your comments to an 
address listed under ADDRESSES. Include ``Docket No. FAA-2005-21598; 
Directorate Identifier 2005-NM-121-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    We will post all comments we receive, without change, to https://
dms.dot.gov, including any personal information you provide. We will 
also post a report summarizing each substantive verbal contact with FAA 
personnel concerning this AD. Using the search function of our docket 
Web site, anyone can find and read the comments in any of our dockets, 
including the name of the individual who sent the comment (or signed 
the comment on behalf of an association, business, labor union, etc.). 
You can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
https://dms.dot.gov.

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 the regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979); 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 part 39 of the Federal Aviation Regulations (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 39-14054 (70 FR 
19685, April 14, 2005) and adding the following new AD:

2005-13-22 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 
No. FAA-2005-21598; Directorate Identifier 2005-NM-121-AD; Amendment 
39-14159.

Effective Date

    (a) This AD becomes effective July 7, 2005.

Affected ADs

    (b) This AD supersedes AD 2005-08-02, amendment 39-14054.
    Applicability: (c) This AD applies to all EMBRAER Model EMB-
135BJ, -135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-
145, -145ER, -145MR, and -145LR airplanes; certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by the need to correct a compliance 
time 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.
    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.

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.

[[Page 36013]]

    (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.

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 
pumps having part number (P/N) 2C7-4. 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 were inspected in accordance with 
paragraph (f) of this AD on or before May 19, 2005 (the effective 
date of AD 2005-08-02), but did not have all six P/N 2C7-4 pumps as 
of May 19, 2005: Within 1,200 flight hours since the most recent 
inspection done in accordance with paragraph (f) of this AD.
    (2) For airplanes that were inspected in accordance with 
paragraph (f) of this AD on or before May 19, 2005, that had all six 
P/N 2C7-4 pumps as of May 19, 2005: Within 8,000 flight hours since 
replacement of all six pumps with P/N 2C7-4 pumps, or within 2,000 
flight hours after the effective date of this AD, whichever occurs 
later.
    (3) For airplanes that were not inspected in accordance with 
paragraph (f) of this AD on or before May 19, 2005: Within 1,200 
flight hours after May 19, 2005.

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.

Material Incorporated by Reference

    (p) Unless the AD specifies otherwise, 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.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
145-28-0013, dated April 25, 2001, was approved previously by the 
Director of the Federal Register as of May 19, 2005 (70 FR 19685, 
April 14, 2005).
    (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) To get copies of the service information, contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil. To view the AD docket, go to the 
Docket Management Facility, U.S. Department of Transportation, 400 
Seventh Street SW., room PL-401, Nassif Building, Washington, DC. To 
review copies of the service information, go to the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at the NARA, call (202) 741-6030, or 
go to https://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.


[[Page 36014]]


    Issued in Renton, Washington, on June 15, 2005.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-12301 Filed 6-21-05; 8:45 am]
BILLING CODE 4910-13-P
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