Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 57215-57217 [05-19567]
Download as PDF
<![CDATA[
57215
Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules
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 and placed it in the
AD docket. 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:
by adding the following new
airworthiness directive (AD):
Cessna Aircraft Company: Docket No. FAA–
2005–22558; Directorate Identifier 2005–
NM–107–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by November 14, 2005.
PART 39—AIRWORTHINESS
DIRECTIVES
Affected ADs
1. The authority citation for part 39
continues to read as follows:
Applicability
(b) None.
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
(c) This AD applies to Cessna Model 500,
550, S550, 560, 560XL, and 750 airplanes,
certificated in any category; as identified in
the service bulletins in Table 1 of this AD.
TABLE 1.—CESSNA SERVICE BULLETINS
Service bulletin
Revision
Date
500–26–02 .....................................................................................................................
550–26–05 .....................................................................................................................
S550–26–02 ..................................................................................................................
560–26–01 .....................................................................................................................
560XL–26–02 ................................................................................................................
750–26–05 .....................................................................................................................
Original .............
Original .............
Original .............
Original .............
1 .......................
Original .............
April 1, 2005 ................
April 1, 2005 ................
April 1, 2005 ................
April 1, 2005 ................
December 22, 2004 ....
November 24, 2004 ....
Unsafe Condition
(d) This AD results from a report of miswired fire extinguishing bottles. We are
issuing this AD to ensure that the fire
extinguishing bottles are activated in the
event of an engine or auxiliary power unit
(APU) fire, and that flammable fluids are not
supplied during a fire, which could result in
an unextinguished fire in the nacelle or APU.
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.
Installation
(f) Within 100 flight hours or 60 days after
the effective date of this AD, whichever
occurs first: Install identification sleeves on
the wires for the positive and negative
terminal studs of the applicable fire
extinguishing bottles identified in paragraphs
(f)(1), (f)(2), and (f)(3) of this AD; re-connect
the wires to the correct studs; test the
connection; and re-connect the wires again as
applicable until the connection tests
correctly. Do all actions in accordance with
the Accomplishment Instructions of the
applicable service bulletin in Table 1 of this
AD.
(1) For Cessna Model 500, 550, S550, and
560 airplanes: The engine fire extinguishing
bottles.
(2) For Cessna Model 560XL airplanes: The
engine and the APU fire extinguishing
bottles.
(3) For Cessna Model 750 airplanes: The
APU fire extinguishing bottle.
VerDate Aug<31>2005
15:30 Sep 29, 2005
Jkt 205001
No Reporting Requirement
(g) Although the Accomplishment
Instructions of the service bulletins identified
in Table 1 of this AD describe procedures for
submitting a maintenance transaction report
to the manufacturer, this AD does not require
that action.
Actions Accomplished in Accordance With
Earlier Revision of Service Bulletin
(h) Actions done before the effective date
of this AD in accordance with the
Accomplishment Instructions of Cessna
Service Bulletin 560XL–26–02, dated
November 22, 2004, are acceptable for
compliance with the corresponding action in
this AD.
Parts Installation
(i) After the effective date of this AD, no
person may install on any airplane a fire
extinguishing bottle unless identification
sleeves on the wires for the positive and
negative terminal studs have been installed
in accordance with paragraph (f) of this AD.
Alternative Methods of Compliance
(AMOCs)
(j)(1) The Manager, Wichita Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
Cessna
model
(airplanes)
500
550
S550
560
560XL
750
Issued in Renton, Washington, on
September 21, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–19568 Filed 9–29–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22561; Directorate
Identifier 2005–NM–136–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 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
certain EMBRAER Model ERJ 170
airplanes. This proposed AD would
require doing a general visual
inspection of the passenger seat track
attachments to determine if the
E:\FR\FM\30SEP1.SGM
30SEP1
57216
Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules
attachment rod is installed and to check
the torque value of the attachment bolts,
and doing any corrective actions if
necessary. This proposed AD results
from the finding of missing rods, which
attach the passenger seat tracks to the
airplane structure to absorb loads. We
are proposing this AD to detect and
correct missing attachment rods, which
could result in reducing the ability of
the seat to withstand a hard landing or
rejected takeoff and possible injury to
passengers.
We must receive comments on
this proposed AD by October 31, 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.
• 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.
Contact Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos
Campos—SP, Brazil, for service
information identified in this proposed
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:
DATES:
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 in the
ADDRESSES section. Include the docket
number ‘‘FAA–2005–22561; Directorate
Identifier 2005–NM–136–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 received by the closing date
and may amend the proposed AD in
light of those comments.
VerDate Aug<31>2005
15:30 Sep 29, 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 proposed AD.
Using the search function of that 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 may
review the DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78), or you may visit https://
dms.dot.gov.
Examining the Docket
You may 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 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 airplanes.
The DAC advises that the rods that
attach the passenger seat tracks to the
airplane structure might not have been
installed during production of certain
EMBRAER Model ERJ 170 airplanes.
The attachment rods and adjacent web
shears enable the seat to absorb loads.
Missing attachment rods, if not detected
and corrected, could result in reducing
the ability of the seat to withstand a
hard landing or rejected takeoff and
possible injury to passengers.
Relevant Service Information
EMBRAER has issued Service Bulletin
170–53–0010, dated January 12, 2005.
The service bulletin describes
procedures for visually inspecting the
seat track attachments to determine if
the attachment rod is installed and to
check the torque value of the attachment
bolts, and doing any corrective actions
if necessary. The corrective actions
include installing an attachment rod if
it is missing and re-torquing any
attachment bolt that is under-torqued or
over-torqued. Accomplishing the
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
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
2005–04–05, dated April 30, 2005, to
ensure the continued airworthiness of
these airplanes in Brazil.
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 airplanes 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 ‘‘Clarification
of Inspection Terminology.’’
Clarification of Inspection Terminology
The ‘‘visual inspection’’ specified in
Brazilian airworthiness directive 2005–
04–05 and the EMBRAER service
bulletin is referred to as a ‘‘general
visual inspection’’ in this proposed AD.
We have included the definition for a
general visual inspection in a note in
the proposed AD.
Costs of Compliance
This proposed AD would affect about
43 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 AD for U.S. operators is
$2,795, or $65 per airplane.
The proposed modification, if
necessary, would take about 2 work
hours per airplane, at an average labor
rate of $65 per work hour. Required
parts would be about $860 per airplane.
Based on these figures, the estimated
cost of the proposed modification would
be $990 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
E:\FR\FM\30SEP1.SGM
30SEP1
Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Proposed Rules
57217
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.
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2005–
22561; Directorate Identifier 2005–NM–
136–AD.
airplane to which the AMOC applies, notify
the appropriate principal inspector in the
FAA Flight Standards Certificate Holding
District Office.
Comments Due Date
(a) The FAA must receive comments on
this AD action by October 31, 2005.
Related Information
(h) Brazilian airworthiness directive 2005–
04–05, dated April 30, 2005, also addresses
the subject of this AD.
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 and placed it in the
AD docket. See the ADDRESSES section
for a location to examine the regulatory
evaluation.
Unsafe Condition
(d) This AD results from the finding of
missing rods, which attach the passenger seat
tracks to the airplane structure to absorb
loads. We are issuing this AD to detect and
correct missing attachment rods, which could
result in reducing the ability of the seat to
withstand a hard landing or rejected takeoff
and possible injury to passengers.
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 Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
VerDate Aug<31>2005
15:30 Sep 29, 2005
Jkt 205001
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
ERJ 170–100LR, –100 STD, –100SE, and –100
SU airplanes, certificated in any category;
having serial numbers 17000007 through
17000013 inclusive, 17000015, 17000016,
and 17000018 through 17000043 inclusive.
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 Modification if Necessary
(f) Within 700 flight hours after the
effective date of this AD, do a general visual
inspection of the passenger seat track
attachments to determine if the attachment
rod is installed and to check the torque value
of the attachment bolts, and do any
applicable corrective actions, by
accomplishing all of the applicable actions
specified in the Accomplishment
Instructions of EMBRAER Service Bulletin
170–53–0010, dated January 12, 2005. Do any
applicable corrective actions before further
flight.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘A visual
examination of an 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 normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight 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.’’
Alternative Methods of Compliance
(AMOCs)
(g)(1) 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.
(2) Before using any AMOC approved in
accordance with 14 CFR 39.19 on any
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
Issued in Renton, Washington, on
September 20, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–19567 Filed 9–29–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22560; Directorate
Identifier 2005–NM–061–AD]
RIN 2120–AA64
Airworthiness Directives; Dassault
Model Falcon 2000 Airplanes Equipped
With CFE Company CFE738–1–1B
Turbofan Engines
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
certain Dassault Model Falcon 2000
airplanes equipped with CFE Company
CFE738–1–1B turbofan engines. This
proposed AD would require
determining the serial number of the
engines installed on the airplane,
inspecting any affected engine to verify
that a spherical bearing is installed on
the attachment fitting of the engine
mount, and corrective action if
necessary. This proposed AD results
from a report of a missing spherical
bearing on the attachment fitting of the
front engine mount on an in-service
airplane, and subsequent damage and
abnormal fatigue of the attachment
fitting. We are proposing this AD to
prevent reduced structural integrity of
the engine mount, which could result in
possible separation of an engine from
the airplane.
DATES: We must receive comments on
this proposed AD by October 31, 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
E:\FR\FM\30SEP1.SGM
30SEP1
]]>Agencies
[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Proposed Rules]
[Pages 57215-57217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19567]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22561; Directorate Identifier 2005-NM-136-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 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 certain EMBRAER Model ERJ 170 airplanes. This proposed AD would
require doing a general visual inspection of the passenger seat track
attachments to determine if the
[[Page 57216]]
attachment rod is installed and to check the torque value of the
attachment bolts, and doing any corrective actions if necessary. This
proposed AD results from the finding of missing rods, which attach the
passenger seat tracks to the airplane structure to absorb loads. We are
proposing this AD to detect and correct missing attachment rods, which
could result in reducing the ability of the seat to withstand a hard
landing or rejected takeoff and possible injury to passengers.
DATES: We must receive comments on this proposed AD by October 31,
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.
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.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this proposed 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 in the ADDRESSES section. Include the docket number ``FAA-2005-
22561; Directorate Identifier 2005-NM-136-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 received 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
that 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 may review the DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit https://dms.dot.gov.
Examining the Docket
You may 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
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
airplanes. The DAC advises that the rods that attach the passenger seat
tracks to the airplane structure might not have been installed during
production of certain EMBRAER Model ERJ 170 airplanes. The attachment
rods and adjacent web shears enable the seat to absorb loads. Missing
attachment rods, if not detected and corrected, could result in
reducing the ability of the seat to withstand a hard landing or
rejected takeoff and possible injury to passengers.
Relevant Service Information
EMBRAER has issued Service Bulletin 170-53-0010, dated January 12,
2005. The service bulletin describes procedures for visually inspecting
the seat track attachments to determine if the attachment rod is
installed and to check the torque value of the attachment bolts, and
doing any corrective actions if necessary. The corrective actions
include installing an attachment rod if it is missing and re-torquing
any attachment bolt that is under-torqued or over-torqued.
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
2005-04-05, dated April 30, 2005, to ensure the continued airworthiness
of these airplanes in Brazil.
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 airplanes 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 ``Clarification of
Inspection Terminology.''
Clarification of Inspection Terminology
The ``visual inspection'' specified in Brazilian airworthiness
directive 2005-04-05 and the EMBRAER service bulletin is referred to as
a ``general visual inspection'' in this proposed AD. We have included
the definition for a general visual inspection in a note in the
proposed AD.
Costs of Compliance
This proposed AD would affect about 43 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 AD for U.S. operators is $2,795, or $65
per airplane.
The proposed modification, if necessary, would take about 2 work
hours per airplane, at an average labor rate of $65 per work hour.
Required parts would be about $860 per airplane. Based on these
figures, the estimated cost of the proposed modification would be $990
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
[[Page 57217]]
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 and placed it in the AD docket. 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-22561; Directorate Identifier 2005-NM-136-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by October
31, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model ERJ 170-100LR, -100 STD, -
100SE, and -100 SU airplanes, certificated in any category; having
serial numbers 17000007 through 17000013 inclusive, 17000015,
17000016, and 17000018 through 17000043 inclusive.
Unsafe Condition
(d) This AD results from the finding of missing rods, which
attach the passenger seat tracks to the airplane structure to absorb
loads. We are issuing this AD to detect and correct missing
attachment rods, which could result in reducing the ability of the
seat to withstand a hard landing or rejected takeoff and possible
injury to passengers.
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 Modification if Necessary
(f) Within 700 flight hours after the effective date of this AD,
do a general visual inspection of the passenger seat track
attachments to determine if the attachment rod is installed and to
check the torque value of the attachment bolts, and do any
applicable corrective actions, by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
EMBRAER Service Bulletin 170-53-0010, dated January 12, 2005. Do any
applicable corrective actions before further flight.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an 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 normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight 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.''
Alternative Methods of Compliance (AMOCs)
(g)(1) 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.
(2) Before using any AMOC approved in accordance with 14 CFR
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(h) Brazilian airworthiness directive 2005-04-05, dated April
30, 2005, also addresses the subject of this AD.
Issued in Renton, Washington, on September 20, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-19567 Filed 9-29-05; 8:45 am]
BILLING CODE 4910-13-P
