Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 69075-69077 [05-22442]
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Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
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.
Revision to the Airworthiness Limitations
(AWL) Section
(f) Within 30 days after the effective date
of this AD: Revise the Airworthiness
Limitations section of the Instructions for
Continued Airworthiness of the Canadair
Regional Jet Maintenance Requirements
Manual (MRM), Part 2, Appendix B,
‘‘Structural Airworthiness Limitations’’ by
incorporating the information specified in
AWL Number 53–61–153 of the Canadair
Regional Jet Temporary Revision (TR) 2B–
2109, dated October 13, 2005, into the AWL
section. Perform the applicable detailed and
special detailed inspections for cracking of
the aft pressure bulkhead, as specified in the
69075
TR, at the applicable compliance time
specified in Table 1 of this AD. Repeat the
detailed inspection thereafter at intervals not
to exceed 1,085 flight cycles, and repeat the
special detailed inspection thereafter at
intervals not to exceed 4,360 flight cycles, in
accordance with the procedures specified in
Structural Airworthiness Limitations, AWL
Number 53–61–153, as introduced by the
MRM.
TABLE 1.—COMPLIANCE TIMES FOR INITIAL INSPECTIONS
As of the effective date of this AD: If the total flight cycles accumulated
on the airplane are—
Inspect before the airplane accumulates—
8,000 or fewer ..........................................................................................
More than 8,000 but fewer than 12,000 ...................................................
12,000 total flight cycles.
15,000 total flight cycles or within 4,000 flight
date of this AD, whichever is first.
17,000 total flight cycles or within 3,000 flight
date of this AD, whichever is first.
18,500 total flight cycles or within 2,000 flight
date of this AD, whichever is first.
19,500 total flight cycles or within 1,500 flight
date of this AD, whichever is first.
20,000 total flight cycles or within 1,000 flight
date of this AD, whichever is first.
500 flight cycles after the effective date of this
12,000 or more but fewer than 15,000 ....................................................
15,000 or more but fewer than 17,000 ....................................................
17,000 or more but fewer than 18,500 ....................................................
18,500 or more but fewer than 19,500 ....................................................
19,500 or more .........................................................................................
(g) When the information in AWL Number
53–61–153 of the Canadair Regional Jet TR
2B–2109, dated October 13, 2005, is included
in the general revisions of the MRM, the
general revisions may be inserted into the
AWL section of the Instructions for
Continued Airworthiness, and this
information may be removed from the MRM.
Alternative Methods of Compliance
(AMOCs)
(h)(1) The Manager, New York Aircraft
Certification Office, 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.
Related Information
(i) Canadian airworthiness directive CF–
2005–13R1, dated October 6, 2005, also
addresses the subject of this AD.
15:39 Nov 10, 2005
Jkt 208001
Issued in Renton, Washington, on October
31, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–22309 Filed 11–10–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Material Incorporated by Reference
(j) You must use Canadair Regional Jet
Temporary Revision 2B–2109, dated October
13, 2005, to the Canadair Regional Jet
Maintenance Requirements Manual, Part 2,
Appendix B, ‘‘Airworthiness Limitations,’’ to
perform the actions that are required by this
AD, unless the AD specifies otherwise. The
Director of the Federal Register approved the
incorporation by reference of this document
in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Contact Bombardier, Inc., Canadair,
Aerospace Group, P.O. Box 6087, Station
Centre-ville, Montreal, Quebec H3C 3G9,
Canada, for a copy of this service
information. You may review copies at the
Docket Management Facility, U.S.
VerDate Aug<31>2005
Department of Transportation, 400 Seventh
Street SW., room PL–401, Nassif Building,
Washington, DC; on the Internet at https://
dms.dot.gov; or at 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.
[Docket No. FAA–2005–22910; Directorate
Identifier 2005–NM–208–AD; Amendment
39–14372; AD 2005–23–14]
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: Final rule; request for
comments.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for all
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
cycles after the effective
cycles after the effective
cycles after the effective
cycles after the effective
cycles after the effective
AD.
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 airplanes.
This AD requires repetitively replacing
the low-stage check valve and
associated seals of the right-hand engine
bleed system. This AD results from a
report that an engine shut down during
flight due to the failure of the low-stage
check valve to close. We are issuing this
AD to prevent failure of the low-stage
check valve, which could result in an
engine shutting down during flight.
DATES: This AD becomes effective
November 29, 2005.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of November 29, 2005.
We must receive comments on this
AD by January 13, 2006.
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,
E:\FR\FM\14NOR1.SGM
14NOR1
69076
Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
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 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:
Discussion
The Departamento de Aviacao Civil
(DAC), which is the airworthiness
authority for Brazil, notified us that an
unsafe condition may exist on all
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 airplanes.
The DAC advises that there was an
occurrence of an engine that shut down
during flight. A low-stage check valve of
the engine bleed system failed to close
due to excessive wear. This condition,
if not corrected, could result in an
engine shutting down during flight.
Relevant Service Information
EMBRAER has issued Alert Service
Bulletin 170–36–A004, dated September
28, 2005. The alert service bulletin
describes procedures for repetitively
replacing the low-stage check valve and
associated seals of the engine bleed
system on the right-hand engine with a
new check valve and new seals. The
alert service bulletin also describes
procedures to send the removed check
valve to the manufacturer. The DAC
mandated the alert service bulletin and
issued Brazilian emergency
airworthiness directive 2005–09–03,
dated September 29, 2005, to ensure the
continued airworthiness of these
airplanes in Brazil.
FAA’s Determination and Requirements
of This 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.
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
Therefore, we are issuing this AD to
prevent failure of the low-stage check
valve, which could result in an engine
shutting down during flight. This AD
requires accomplishing the actions
specified in the service information
described previously, except as
described below in ‘‘Difference Between
this AD and the Alert Service Bulletin.’’
The manufacturer is developing
further action on the check valves and
the supply of check valves. Further
action may involve action on the lefthand engine’s check valve. We may
consider further rulemaking to require
actions on the left-hand engine in
addition to the actions required for the
right-hand engine.
Clarification of AD and Brazilian
Airworthiness Directive Requirements
The FAA recognizes that the unsafe
condition could occur on both engines.
Based on the most recent parts supply
information from the manufacturer,
there are not enough replacement check
valves available to mandate actions on
both engines without grounding
airplanes for an indeterminate amount
of time. However, there are enough
check valves available to require action
on one engine, which would reduce the
possibility that both engines could have
a failed check valve during a flight. We
have considered the risks of a oneengine failure in comparison to a dualengine failure, and the efforts by the
manufacturer to produce more
replacement parts. Based on this
assessment, we have determined that
modifying one engine reduces the risk
of a dual-engine failure to the level that
such action is sufficient at this time to
produce an acceptable level of safety.
Difference Between This AD and the
Alert Service Bulletin
Operators should note that, although
the Accomplishment Instructions of the
referenced alert service bulletin
describes procedures for sending
removed check valves to the
manufacturer, this AD does not require
that action.
Interim Action
This is considered to be interim
action until final action is identified, at
which time the FAA may consider
further rulemaking.
FAA’s Determination of the Effective
Date
An unsafe condition exists that
requires the immediate adoption of this
AD; therefore, providing notice and
opportunity for public comment before
the AD is issued is impracticable, and
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
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 in the
ADDRESSES section. Include ‘‘Docket No.
FAA–2005–22910; Directorate Identifier
2005–NM–208–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the AD that might suggest a
need to modify it.
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 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.
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
E:\FR\FM\14NOR1.SGM
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Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations
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 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, 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:
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]
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model
ERJ 170–100LR, –100 STD, –100SE, and –100
SU airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from a report that an
engine shut down during flight due to the
failure of the low-stage check valve to close.
We are issuing this AD to prevent failure of
the low-stage check valve, which could result
in an engine shutting down during flight.
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.
Replacement
(f) Within 100 flight hours after the
effective date of this AD or prior to the
accumulation of 3,000 total flight hours,
whichever occurs later, replace the low-stage
check valve and associated seals of the righthand engine’s engine bleed system with a
new check valve and new seals in accordance
with the Accomplishment Instructions of
EMBRAER Alert Service Bulletin 170–36–
A004, dated September 28, 2005. Repeat the
replacement thereafter at intervals not to
exceed 3,000 flight hours.
Parts Installation
(g) As of the effective date of this AD, no
engine may be installed in the right-hand
position unless the low-stage check valve has
been replaced in accordance with the actions
required by paragraph (f) of this AD.
Removed Check Valves
(h) Although EMBRAER Alert Service
Bulletin 170–36–A004, dated September 28,
2005, specifies to send removed check valves
to the manufacturer, this AD does not
include that requirement.
Alternative Methods of Compliance
(AMOCs)
(i)(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 § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Related Information
(j) Brazilian emergency airworthiness
directive 2005–09–03, dated September 29,
2005, also addresses the subject of this AD.
2005–23–14 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–14372. Docket No.
FAA–2005–22910; Directorate Identifier
2005–NM–208–AD.
Material Incorporated by Reference
(k) You must use EMBRAER Alert Service
Bulletin 170–36–A004, dated September 28,
2005, to perform the actions that are required
by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
I
Effective Date
(a) This AD becomes effective November
29, 2005.
VerDate Aug<31>2005
15:39 Nov 10, 2005
Jkt 208001
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
69077
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343–CEP 12.225,
Sao Jose dos Campos–SP, Brazil, for a copy
of this service information. You may review
copies at the Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street SW., room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at 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.
Issued in Renton, Washington, on
November 2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–22442 Filed 11–10–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Airspace Docket No. 05–AWP–12]
Establishment of a Class E Enroute
Domestic Airspace Area, San Luis
Obispo, CA
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule, request for
comments.
AGENCY:
SUMMARY: This action establishes a Class
E enroute domestic airspace area west of
San Luis Obispo, CA, to replace existing
Class G uncontrolled airspace.
DATES: 0901 UTC April 13, 2006.
Comment date: Comments for inclusion
in the Rules Docket must be received on
or before December 14, 2005.
ADDRESSES: Send comments on the
direct final rule in triplicate to: Federal
Aviation Administration, Attn:
Manager, Airspace Branch, AWP–520,
Docket No. 05–AWP–12, Western
Terminal Operations, PO Box 92007,
Worldway Postal Center, Los Angeles,
California 90009. The official docket
may be examined in the Office of the
Assistant Chief Counsel, WesternPacific Region, Federal Aviation
Administration, Room 6007, 15000
Aviation Boulevard, Lawndale,
California 90261.
An informal docket may also be
examined during normal business hours
at the Office of the Manager, Airspace
Branch, Western Terminal Operations at
the above address.
FOR FURTHER INFORMATION CONTACT:
Francie Hope, Western Terminal
E:\FR\FM\14NOR1.SGM
14NOR1
]]>Agencies
[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Rules and Regulations]
[Pages 69075-69077]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22442]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22910; Directorate Identifier 2005-NM-208-AD;
Amendment 39-14372; AD 2005-23-14]
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: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170
airplanes. This AD requires repetitively replacing the low-stage check
valve and associated seals of the right-hand engine bleed system. This
AD results from a report that an engine shut down during flight due to
the failure of the low-stage check valve to close. We are issuing this
AD to prevent failure of the low-stage check valve, which could result
in an engine shutting down during flight.
DATES: This AD becomes effective November 29, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 29,
2005.
We must receive comments on this AD by January 13, 2006.
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,
[[Page 69076]]
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 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:
Discussion
The Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170
airplanes. The DAC advises that there was an occurrence of an engine
that shut down during flight. A low-stage check valve of the engine
bleed system failed to close due to excessive wear. This condition, if
not corrected, could result in an engine shutting down during flight.
Relevant Service Information
EMBRAER has issued Alert Service Bulletin 170-36-A004, dated
September 28, 2005. The alert service bulletin describes procedures for
repetitively replacing the low-stage check valve and associated seals
of the engine bleed system on the right-hand engine with a new check
valve and new seals. The alert service bulletin also describes
procedures to send the removed check valve to the manufacturer. The DAC
mandated the alert service bulletin and issued Brazilian emergency
airworthiness directive 2005-09-03, dated September 29, 2005, to ensure
the continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of This 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 issuing this AD to prevent failure of the low-
stage check valve, which could result in an engine shutting down during
flight. This AD requires accomplishing the actions specified in the
service information described previously, except as described below in
``Difference Between this AD and the Alert Service Bulletin.''
The manufacturer is developing further action on the check valves
and the supply of check valves. Further action may involve action on
the left-hand engine's check valve. We may consider further rulemaking
to require actions on the left-hand engine in addition to the actions
required for the right-hand engine.
Clarification of AD and Brazilian Airworthiness Directive Requirements
The FAA recognizes that the unsafe condition could occur on both
engines. Based on the most recent parts supply information from the
manufacturer, there are not enough replacement check valves available
to mandate actions on both engines without grounding airplanes for an
indeterminate amount of time. However, there are enough check valves
available to require action on one engine, which would reduce the
possibility that both engines could have a failed check valve during a
flight. We have considered the risks of a one-engine failure in
comparison to a dual-engine failure, and the efforts by the
manufacturer to produce more replacement parts. Based on this
assessment, we have determined that modifying one engine reduces the
risk of a dual-engine failure to the level that such action is
sufficient at this time to produce an acceptable level of safety.
Difference Between This AD and the Alert Service Bulletin
Operators should note that, although the Accomplishment
Instructions of the referenced alert service bulletin describes
procedures for sending removed check valves to the manufacturer, this
AD does not require that action.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD; therefore, providing notice and opportunity for public comment
before the AD is issued is impracticable, 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 in the ADDRESSES section. Include ``Docket No. FAA-2005-
22910; Directorate Identifier 2005-NM-208-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
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 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.
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
[[Page 69077]]
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 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, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2005-23-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14372. Docket No. FAA-2005-22910; Directorate
Identifier 2005-NM-208-AD.
Effective Date
(a) This AD becomes effective November 29, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100LR, -100
STD, -100SE, and -100 SU airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from a report that an engine shut down
during flight due to the failure of the low-stage check valve to
close. We are issuing this AD to prevent failure of the low-stage
check valve, which could result in an engine shutting down during
flight.
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.
Replacement
(f) Within 100 flight hours after the effective date of this AD
or prior to the accumulation of 3,000 total flight hours, whichever
occurs later, replace the low-stage check valve and associated seals
of the right-hand engine's engine bleed system with a new check
valve and new seals in accordance with the Accomplishment
Instructions of EMBRAER Alert Service Bulletin 170-36-A004, dated
September 28, 2005. Repeat the replacement thereafter at intervals
not to exceed 3,000 flight hours.
Parts Installation
(g) As of the effective date of this AD, no engine may be
installed in the right-hand position unless the low-stage check
valve has been replaced in accordance with the actions required by
paragraph (f) of this AD.
Removed Check Valves
(h) Although EMBRAER Alert Service Bulletin 170-36-A004, dated
September 28, 2005, specifies to send removed check valves to the
manufacturer, this AD does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(i)(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 Sec.
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
(j) Brazilian emergency airworthiness directive 2005-09-03,
dated September 29, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use EMBRAER Alert Service Bulletin 170-36-A004,
dated September 28, 2005, to perform the actions that are required
by this AD, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of this
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343-CEP 12.225, Sao Jose dos Campos-SP, Brazil, for a copy of this
service information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street SW.,
room PL-401, Nassif Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at 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.
Issued in Renton, Washington, on November 2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-22442 Filed 11-10-05; 8:45 am]
BILLING CODE 4910-13-P
