DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3143; Directorate Identifier 2015-NM-047-AD;
Amendment 39-18924; AD 2017-12-09]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(Embraer) Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP,
and -145XR airplanes. This AD was prompted by a report of chafing found
between the fuel pump electrical harness and the fuel pump tubing
during scheduled maintenance. This AD requires a detailed inspection
for chafing on the electrical harness of each electrical fuel pump in
the fuel tanks, replacement of the affected electrical fuel pump with a
new or serviceable pump if necessary, and installation of clamps on the
fuel pump electrical harnesses. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective July 20, 2017.

The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of July 20, 2017.

ADDRESSES: For service information identified in this final rule,
contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170-Putim-
12227-901 S[atilde]o Jose dos Campos-SP-Brasil; telephone +55 12 3927-
5852 or +55 12 3309-0732; fax +55 12 3927-7546; email
distrib@embraer.com.br; Internet http://www.flyembraer.com. You may
view this referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call 425-227-1221. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2015-3143.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3143; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175;
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a supplemental notice of proposed rulemaking (SNPRM) to
amend 14 CFR part 39 by adding an AD that would apply to certain
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135
airplanes and Model EMB-145, -145ER, -145MR, -145LR, -145MP, -145EP,
and -145XR airplanes. The SNPRM published in the Federal Register on
August 5, 2016 (81 FR 51815) ("the SNPRM"). We preceded the SNPRM
with a notice of proposed rulemaking (NPRM) that published in the
Federal Register on August 21, 2015 (80 FR 50812) ("the NPRM"). The
NPRM proposed to require a detailed inspection for chafing on the
electrical harness of each electrical fuel pump in the fuel tanks,
replacement of the
affected electrical fuel pump with a new or serviceable pump if
necessary, and installation of clamps on the fuel pump electrical
harnesses. The NPRM was prompted by a report of chafing found between
the fuel pump electrical harness and the fuel pump tubing during
scheduled maintenance. The SNPRM proposed to require a detailed
inspection for chafing on the electrical harness of each electrical
fuel pump in the fuel tanks, replacement of the affected electrical
fuel pump with a new or serviceable pump if necessary, and installation
of clamps on the fuel pump electrical harnesses. The SNPRM also
proposed to require revising the NPRM by expanding the proposed
applicability and revising the compliance time for the detailed
inspection. We are issuing this AD to detect and correct chafing of the
fuel pump harnesses with other parts inside the fuel tank, which could
present a potential ignition source that could result in a fire or fuel
tank explosion.

The Agencia Nacional de Aviacao Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directive 2015-03-01, effective March 23, 2015 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
"the MCAI"), to correct an unsafe condition for certain Empresa
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes and
Model EMB-145, -145ER, -145MR, -145LR, -145MP, and -145EP airplanes.
The MCAI states:

Chafing between the fuel pump electrical harness and fuel pump
tubing was detected during scheduled maintenance. We are issuing
this [Brazilian] AD to protect the fuel pump harnesses against
chafing with other parts inside the fuel tank, which could present a
potential ignition source that could result in a fire or fuel tank
explosion.

The required actions include a detailed inspection for chafing on
the electrical harness of each electrical fuel pump in the fuel tanks,
replacement of the affected electrical fuel pump with a new or
serviceable pump if necessary, and installation of clamps on the fuel
pump electrical harnesses. You may examine the MCAI in the AD docket on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2015-3143.

Comments

We gave the public the opportunity to participate in developing
this AD. We received no comments on the SNPRM or on the determination
of the cost to the public.

Conclusion

We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD as proposed except for
minor editorial changes. We have determined that these minor changes:

Are consistent with the intent that was proposed in the
SNPRM for correcting the unsafe condition; and

Do not add any additional burden upon the public than was
already proposed in the SNPRM.

Related Service Information Under 1 CFR Part 51

We reviewed Embraer Service Bulletin 145-28-0030, Revision 01,
dated October 22, 2010; and Embraer Service Bulletin 145LEG-28-0032,
Revision 01, dated November 20, 2012. The service information describes
procedures for a detailed inspection for chafing on the electrical
harness of each electrical fuel pump in the fuel tanks, replacement of
the affected electrical fuel pump with a new or serviceable pump if
necessary, and installation of clamps on the fuel pump electrical
harnesses. These documents are distinct since they apply to different
airplane models. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 731 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:

Estimated Costs

We estimate the following costs to do any necessary replacements
that will be required based on the results of the required inspection.
We have no way of determining the number of aircraft that might need
this replacement:

On-Condition Costs

According to the manufacturer, some of the costs of this AD may be
covered under warranty, thereby reducing the cost impact on affected
individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost estimate.

Authority for This Rulemaking

Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. "Subtitle VII: Aviation
Programs," describes in more detail the scope of the Agency's authority.

We are issuing this rulemaking under the authority described in
"Subtitle VII, Part A, Subpart III, Section 44701: General
requirements." Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this rulemaking action.

Regulatory Findings

We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.

For the reasons discussed above, I certify that this AD:

1. Is not a "significant regulatory action" under Executive Order 12866;

2. Is not a "significant rule" under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);

3. Will not affect intrastate aviation in Alaska; and

4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):