Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Series Airplanes, 32544-32546 [05-11046]
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32544
Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Proposed Rules
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); 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 proposed 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, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Airbus: Docket No. FAA–2005–21342;
Directorate Identifier 2004–NM–15–AD.
Comments Due Date
(a) The Federal Aviation Administration
must receive comments on this AD action by
July 5, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A321
series airplanes, certificated in any category;
except for those airplanes that have received
Airbus Modification 33426 in production.
Unsafe Condition
(d) This AD was prompted by a report that
an operator found it impossible to lock
emergency doors 2 and 3 in the open
position. We are issuing this AD to prevent
failure of the emergency doors to lock in the
open position, which could interfere with
passenger evacuation during an emergency.
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.
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17:25 Jun 02, 2005
Jkt 205001
Inspection of Emergency Exit Doors
(f) Within 600 flight hours after the
effective date of this AD and thereafter at
intervals not to exceed 600 flight hours,
perform a measurement for correct gap of the
control rod of the hold-open mechanism of
all emergency doors, in accordance with
Airbus All Operators Telex (AOT) A320–
52A1120, Revision 2, dated July 10, 2003. If
the gap of any control rod is not correct, prior
to further flight, apply all necessary
corrective actions in accordance with the
AOT.
Optional Interim Terminating Action
(g) Replacing the polyamide control rod of
any mechanism with an aluminum control
rod prior to accomplishing paragraph (h) of
this AD, as specified in AOT A320–52A1120,
Revision 2, dated July 10, 2003, terminates
the repetitive measurement required by
paragraph (f) of this AD for that mechanism.
Final Terminating Action
(h) Within 18 months after the effective
date of this AD, replace the polyamide or
interim aluminum control rods of the release
mechanisms with new, improved, waterresistant control rods according to the
Accomplishment Instructions of Airbus
Service Bulletin A320–52–1121, dated
December 12, 2003. This replacement
terminates the repetitive measurement
required by paragraph (f) of this AD.
Actions Accomplished Per Previous Issue of
Service Bulletin
(i) Actions accomplished before the
effective date of this AD according to Airbus
AOT A320–52A1120, dated June 5, 2003, or
Revision 1, dated June 19, 2003, are
considered acceptable for compliance with
the corresponding actions specified in this
AD.
No Reporting Requirement
(j) Although the service information
specifies procedures for reporting
measurement results and control rod
replacement to the manufacturer, this AD
does not require these reports.
Alternative Methods of Compliance
(AMOCs)
(k) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
Related Information
(l) French airworthiness directive F–2004–
040, dated March 31, 2004, also addresses the
subject of this AD.
Issued in Renton, Washington, on May 26,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–11061 Filed 6–2–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–21345; Directorate
Identifier 2005–NM–005–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for all
EMBRAER Model ERJ 170 series
airplanes. This proposed AD would
require inspecting the hydraulic
pressure tubes at the outlet of the
engine-driven hydraulic pumps to
determine the part and serial numbers;
and replacing hydraulic pressure tubes
having certain serial numbers with new
hydraulic pressure tubes. This proposed
AD is prompted by failure of a hydraulic
system due to leakage of hydraulic fluid
from a crack in the pipe coming from
the pressure side of the engine driven
pump. We are proposing this AD to
prevent cracking of the hydraulic
pressure pipes, which could result in
failure of hydraulic system 1 or 2 or
both, and consequent reduced
controllability of the airplane.
DATES: We must receive comments on
this proposed AD by July 5, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed 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.
• By 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 proposed 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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Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Proposed Rules
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–
21345; the directorate identifier for this
docket is 2005–NM–005–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:
Comments Invited
We invite you to submit any relevant
written data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2005–21345; Directorate Identifier
2005–NM–005–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments submitted by the
closing date and may amend the
proposed 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 proposed 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.
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 DMS
receives them.
VerDate jul<14>2003
17:25 Jun 02, 2005
Jkt 205001
Discussion
The Departmento de Aviacao Civil
(DAC), which is the airworthiness
authority for Brazil, notified us that an
unsafe condition may exist on certain
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 series
airplanes. The DAC advises that failure
of hydraulic system 1 occurred on an
EMBRAER Model ERJ 170 series
airplane. The failure was caused by
leakage of hydraulic fluid from a crack
in the pipe coming from the pressure
side of the engine-driven pump.
Investigation determined that the crack
developed because the pipe was
manufactured with defective material.
Cracking of the hydraulic pressure
pipes, if not corrected, could result in
failure of hydraulic system 1 or 2 or
both, and consequent reduced
controllability of the airplane.
Relevant Service Information
EMBRAER has issued Service Bulletin
170–29–0001, including the Appendix,
dated August 9, 2004. The service
bulletin describes procedures for
inspecting the left and right hydraulic
pressure tubes at the outlet of the
engine-driven hydraulic pumps to
determine the part and serial numbers;
and replacing hydraulic pressure tubes
having certain serial numbers with new
hydraulic pressure tubes.
Accomplishing the actions specified in
the service information is intended to
adequately address the unsafe
condition. The DAC mandated the
service information and issued Brazilian
airworthiness directive 2004–11–06,
dated November 29, 2004, to ensure the
continued airworthiness of these
airplanes in Brazil.
The EMBRAER service bulletin refers
to Turbofan (Airline Service) Service
Bulletin CF34–8E MHD 71–00–011,
original revision, dated August 3, 2004,
as an additional source of service
information for inspecting the hydraulic
pressure tubes to determine the part and
serial numbers; and replacing hydraulic
pressure tubes having certain serial
numbers with new hydraulic pressure
tubes. Turbofan (Airline Service)
Service Bulletin CF34–8E MHD 71–00–
011 is included in the Appendix of the
EMBRAER service bulletin.
FAA’s Determination and Requirements
of the Proposed AD
This airplane model is manufactured
in Brazil and is 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. Pursuant to
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32545
this bilateral airworthiness agreement,
the DAC has kept the FAA informed of
the situation described above. We have
examined the DAC’s findings, evaluated
all pertinent information, and
determined that we need to issue an AD
for products of this type design that are
certificated for operation in the United
States.
Therefore, we are proposing this AD,
which would require accomplishing the
actions specified in the service
information described previously,
except as discussed under ‘‘Difference
Between the Proposed AD and Service
Bulletin.’’
Difference Between the Proposed AD
and Service Bulletin
Operators should note that, although
the Accomplishment Instructions of the
referenced service bulletin describe
procedures for submitting a comment
sheet related to service bulletin quality
and a sheet recording compliance with
the service bulletin, this proposed AD
would not require those actions. We do
not need this information from
operators.
Clarifications Between the Proposed AD
and Brazilian Airworthiness Directive
Operators should note that if both
hydraulic pressure tubes have affected
serial numbers the Brazilian
airworthiness directive specifies
replacing ‘‘at least one of the tubes’’
before further flight. This proposed AD
would require that, and would also
require replacing the other affected
hydraulic pressure tube within 600
flight hours after the inspection. This
clarification has been coordinated with
the DAC.
Operators should also note that the
Brazilian airworthiness directive
specifies accomplishing the inspection
within 100 flight hours after the
effective date of the Brazilian
airworthiness directive. This proposed
AD, however, would require compliance
within 100 flight hours ‘‘or 14 days after
the effective date of the AD, whichever
is first.’’ In developing an appropriate
compliance time for this proposed AD,
we considered not only the safety
implications and the DAC’s
recommendations, but also the degree of
urgency associated with the subject
unsafe condition, the average utilization
of the affected fleet, and the time
necessary to perform the inspection. In
light of all of these factors, we find that
the compliance time in this proposed
AD represents an appropriate interval of
time allowable for affected airplanes to
continue to operate without
compromising safety. This clarification
has been coordinated with the DAC.
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32546
Federal Register / Vol. 70, No. 106 / Friday, June 3, 2005 / Proposed Rules
Costs of Compliance
This proposed AD would affect about
27 airplanes of U.S. registry. The
proposed inspection would take about 1
work hour per airplane, at an average
labor rate of $65 per work hour. Based
on these figures, the estimated cost of
the proposed inspection for U.S.
operators is $1,755, or $65 per airplane.
The proposed replacement, if
necessary, would take about 3 work
hours per airplane, at an average labor
rate of $65 per work hour. Required
parts would be $0 per airplane. Based
on these figures, the estimated cost of
the proposed replacement is $195 per
airplane, if necessary.
this proposed 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, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority for This Rulemaking
Authority: 49 U.S.C. 106(g), 40113, 44701.
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
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); 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
VerDate jul<14>2003
17:25 Jun 02, 2005
Jkt 205001
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2005–
21345; Directorate Identifier 2005-NM–
005-AD.
Comments Due Date
(a) The Federal Aviation Administration
must receive comments on this AD action by
July 5, 2005.
No Reporting Requirement
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model
ERJ 170 series airplanes, certificated in any
category.
Unsafe Condition
(d) This AD was prompted by failure of a
hydraulic system due to leakage of hydraulic
fluid from a crack in the pipe coming from
the pressure side of the engine driven pump.
We are issuing this AD to prevent cracking
of the hydraulic pressure pipes, which could
result in failure of hydraulic system 1 or 2
or both, and consequent reduced
controllability of the airplane.
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.
Inspection and Replacement if Necessary
(f) Within 100 flight hours or 14 days after
the effective date of this AD, whichever is
first: Inspect the left and right hydraulic
pressure tubes at the outlet of the enginedriven hydraulic pumps to determine the
part and serial numbers, in accordance with
Part I of the Accomplishment Instructions of
EMBRAER Service Bulletin 170–29–0001,
including the Appendix, dated August 9,
2004.
(1) If neither hydraulic pressure tube has
a serial number as identified in Part I of the
service bulletin, then no further action is
required by this paragraph.
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(2) If only one hydraulic pressure tube has
a serial number as identified in Part I of the
service bulletin: Within 600 flight hours after
the inspection, replace the affected hydraulic
pressure tube with a new hydraulic pressure
tube, in accordance with Part III or Part IV,
as applicable, of the service bulletin.
(3) If both hydraulic pressure tubes have
serial numbers as identified in Part I of the
service bulletin: Before further flight, replace
one of the affected hydraulic pressure tubes
with a new hydraulic pressure tube, in
accordance with Part III or Part IV, as
applicable, of the service bulletin. Within
600 flight hours after the inspection, replace
the other affected hydraulic pressure tube
with a new hydraulic pressure tube, in
accordance with Part III or Part IV, as
applicable, of the service bulletin.
Note 1: EMBRAER Service Bulletin 170–
29–0001 refers to Turbofan (Airline Service)
Service Bulletin CF34–8E MHD 71–00–011,
original revision, dated August 3, 2004, as an
additional source of service information for
inspecting the hydraulic pressure tubes to
determine the part and serial numbers; and
replacing hydraulic pressure tubes having
certain serial numbers with new hydraulic
pressure tube as applicable. Turbofan
(Airline Service) Service Bulletin CF34–8E
MHD 71–00–011 is included in the Appendix
of EMBRAER Service Bulletin 170–29–0001.
Fmt 4702
Sfmt 4702
(g) Although the service bulletin referenced
in this AD specifies to submit certain
information to the manufacturer, this AD
does not include that requirement.
Parts Installation
(h) As of the effective date of this AD, no
person may install a hydraulic pressure pipe
having any part and serial numbers identified
in Part I of the Accomplishment Instructions
of EMBRAER Service Bulletin 170–29–0001,
dated August 9, 2004, on any airplane.
Alternative Methods of Compliance
(AMOCs)
(i) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
Related Information
(j) Brazilian airworthiness directive 2004–
11–06, dated November 29, 2004, also
addresses the subject of this AD.
Issued in Renton, Washington, on May 26,
2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–11046 Filed 6–2–05; 8:45 am]
BILLING CODE 4910–13–P
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03JNP1
]]>Agencies
[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Proposed Rules]
[Pages 32544-32546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11046]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-21345; Directorate Identifier 2005-NM-005-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Series Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all EMBRAER Model ERJ 170 series airplanes. This proposed AD would
require inspecting the hydraulic pressure tubes at the outlet of the
engine-driven hydraulic pumps to determine the part and serial numbers;
and replacing hydraulic pressure tubes having certain serial numbers
with new hydraulic pressure tubes. This proposed AD is prompted by
failure of a hydraulic system due to leakage of hydraulic fluid from a
crack in the pipe coming from the pressure side of the engine driven
pump. We are proposing this AD to prevent cracking of the hydraulic
pressure pipes, which could result in failure of hydraulic system 1 or
2 or both, and consequent reduced controllability of the airplane.
DATES: We must receive comments on this proposed AD by July 5, 2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed 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.
By 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 proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
[[Page 32545]]
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-2005-21345; the directorate identifier for this docket is
2005-NM-005-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:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-21345;
Directorate Identifier 2005-NM-005-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the proposed AD. We will
consider all comments submitted by the closing date and may amend the
proposed 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 proposed 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.
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 DMS receives them.
Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170
series airplanes. The DAC advises that failure of hydraulic system 1
occurred on an EMBRAER Model ERJ 170 series airplane. The failure was
caused by leakage of hydraulic fluid from a crack in the pipe coming
from the pressure side of the engine-driven pump. Investigation
determined that the crack developed because the pipe was manufactured
with defective material. Cracking of the hydraulic pressure pipes, if
not corrected, could result in failure of hydraulic system 1 or 2 or
both, and consequent reduced controllability of the airplane.
Relevant Service Information
EMBRAER has issued Service Bulletin 170-29-0001, including the
Appendix, dated August 9, 2004. The service bulletin describes
procedures for inspecting the left and right hydraulic pressure tubes
at the outlet of the engine-driven hydraulic pumps to determine the
part and serial numbers; and replacing hydraulic pressure tubes having
certain serial numbers with new hydraulic pressure tubes. Accomplishing
the actions specified in the service information is intended to
adequately address the unsafe condition. The DAC mandated the service
information and issued Brazilian airworthiness directive 2004-11-06,
dated November 29, 2004, to ensure the continued airworthiness of these
airplanes in Brazil.
The EMBRAER service bulletin refers to Turbofan (Airline Service)
Service Bulletin CF34-8E MHD 71-00-011, original revision, dated August
3, 2004, as an additional source of service information for inspecting
the hydraulic pressure tubes to determine the part and serial numbers;
and replacing hydraulic pressure tubes having certain serial numbers
with new hydraulic pressure tubes. Turbofan (Airline Service) Service
Bulletin CF34-8E MHD 71-00-011 is included in the Appendix of the
EMBRAER service bulletin.
FAA's Determination and Requirements of the Proposed AD
This airplane model is manufactured in Brazil and is 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. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. We have examined the DAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference Between
the Proposed AD and Service Bulletin.''
Difference Between the Proposed AD and Service Bulletin
Operators should note that, although the Accomplishment
Instructions of the referenced service bulletin describe procedures for
submitting a comment sheet related to service bulletin quality and a
sheet recording compliance with the service bulletin, this proposed AD
would not require those actions. We do not need this information from
operators.
Clarifications Between the Proposed AD and Brazilian Airworthiness
Directive
Operators should note that if both hydraulic pressure tubes have
affected serial numbers the Brazilian airworthiness directive specifies
replacing ``at least one of the tubes'' before further flight. This
proposed AD would require that, and would also require replacing the
other affected hydraulic pressure tube within 600 flight hours after
the inspection. This clarification has been coordinated with the DAC.
Operators should also note that the Brazilian airworthiness
directive specifies accomplishing the inspection within 100 flight
hours after the effective date of the Brazilian airworthiness
directive. This proposed AD, however, would require compliance within
100 flight hours ``or 14 days after the effective date of the AD,
whichever is first.'' In developing an appropriate compliance time for
this proposed AD, we considered not only the safety implications and
the DAC's recommendations, but also the degree of urgency associated
with the subject unsafe condition, the average utilization of the
affected fleet, and the time necessary to perform the inspection. In
light of all of these factors, we find that the compliance time in this
proposed AD represents an appropriate interval of time allowable for
affected airplanes to continue to operate without compromising safety.
This clarification has been coordinated with the DAC.
[[Page 32546]]
Costs of Compliance
This proposed AD would affect about 27 airplanes of U.S. registry.
The proposed inspection would take about 1 work hour per airplane, at
an average labor rate of $65 per work hour. Based on these figures, the
estimated cost of the proposed inspection for U.S. operators is $1,755,
or $65 per airplane.
The proposed replacement, if necessary, would take about 3 work
hours per airplane, at an average labor rate of $65 per work hour.
Required parts would be $0 per airplane. Based on these figures, the
estimated cost of the proposed replacement is $195 per airplane, if
necessary.
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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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 proposed 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, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
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):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-21345; Directorate Identifier 2005-NM-005-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by July 5, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170 series
airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by failure of a hydraulic system due to
leakage of hydraulic fluid from a crack in the pipe coming from the
pressure side of the engine driven pump. We are issuing this AD to
prevent cracking of the hydraulic pressure pipes, which could result
in failure of hydraulic system 1 or 2 or both, and consequent
reduced controllability of the airplane.
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.
Inspection and Replacement if Necessary
(f) Within 100 flight hours or 14 days after the effective date
of this AD, whichever is first: Inspect the left and right hydraulic
pressure tubes at the outlet of the engine-driven hydraulic pumps to
determine the part and serial numbers, in accordance with Part I of
the Accomplishment Instructions of EMBRAER Service Bulletin 170-29-
0001, including the Appendix, dated August 9, 2004.
(1) If neither hydraulic pressure tube has a serial number as
identified in Part I of the service bulletin, then no further action
is required by this paragraph.
(2) If only one hydraulic pressure tube has a serial number as
identified in Part I of the service bulletin: Within 600 flight
hours after the inspection, replace the affected hydraulic pressure
tube with a new hydraulic pressure tube, in accordance with Part III
or Part IV, as applicable, of the service bulletin.
(3) If both hydraulic pressure tubes have serial numbers as
identified in Part I of the service bulletin: Before further flight,
replace one of the affected hydraulic pressure tubes with a new
hydraulic pressure tube, in accordance with Part III or Part IV, as
applicable, of the service bulletin. Within 600 flight hours after
the inspection, replace the other affected hydraulic pressure tube
with a new hydraulic pressure tube, in accordance with Part III or
Part IV, as applicable, of the service bulletin.
Note 1: EMBRAER Service Bulletin 170-29-0001 refers to Turbofan
(Airline Service) Service Bulletin CF34-8E MHD 71-00-011, original
revision, dated August 3, 2004, as an additional source of service
information for inspecting the hydraulic pressure tubes to determine
the part and serial numbers; and replacing hydraulic pressure tubes
having certain serial numbers with new hydraulic pressure tube as
applicable. Turbofan (Airline Service) Service Bulletin CF34-8E MHD
71-00-011 is included in the Appendix of EMBRAER Service Bulletin
170-29-0001.
No Reporting Requirement
(g) Although the service bulletin referenced in this AD
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
Parts Installation
(h) As of the effective date of this AD, no person may install a
hydraulic pressure pipe having any part and serial numbers
identified in Part I of the Accomplishment Instructions of EMBRAER
Service Bulletin 170-29-0001, dated August 9, 2004, on any airplane.
Alternative Methods of Compliance (AMOCs)
(i) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
Related Information
(j) Brazilian airworthiness directive 2004-11-06, dated November
29, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on May 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-11046 Filed 6-2-05; 8:45 am]
BILLING CODE 4910-13-P
