Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 290-293 [E5-8242]
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290
Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / Proposed Rules
or statutes create competitive
disadvantages for insured depository
institutions compared to the rest of the
financial services industry or
competitive disadvantages for one type
of insured depository institution over
another?
E. Reporting, recordkeeping, and
disclosure requirements. (1) Which
reporting, recordkeeping, or disclosure
requirements impose the most
compliance burdens? (2) Are any of the
reporting or recordkeeping requirements
unnecessary to demonstrate compliance
with the law?
F. Consistency and redundancy. (1)
Are any of the requirements under one
regulation inconsistent with or
duplicative of requirements under
another regulation? (2) If so, are the
inconsistencies not warranted by the
purposes of the regulations?
G. Clarity. Are any of the regulations
drafted unclearly?
H. Burden on small insured
institutions. We have particular interest
in minimizing burden on small insured
institutions (those with assets of $150
million or less). Are there appropriate
ways to amend these rules to minimize
adverse economic impact on small
insured institutions?
The Agencies appreciate the efforts of
all interested parties to help us
eliminate outdated, unnecessary, or
unduly burdensome regulatory
requirements.
RULES FOR WHICH WE ARE REQUESTING COMMENT NOW
[Capital and the Community Reinvestment Act]
Subject
National banks
State member banks
State non-member
banks
Thrifts
Holding companies
Bank 6
Thrift
1. Capital
Interagency Regulations:
Prompt Corrective
Action.
12 CFR part 6 ...........
12 CFR part 208,
subpart D[Reg. H];
12 CFR 263.201–
.205.
12 CFR part 325,
subpart B.
12 CFR part 565 .......
12 CFR 208.44(i); 12
CFR 263.201–.202,
.205.
12 CFR 565.5(i); 12
CFR 565.7; 12
CFR 565.10.
12 CFR part 533 .......
12 CFR part 207
[Reg. G].
12 CFR part 533.
2. Community Reinvestment Act
Interagency Regulations:
Disclosure and
Reporting of
CRA–Related
Agreements.
12 CFR part 35 .........
12 CFR part 207
[Reg. G].
12 CFR part 346 .......
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6 Foreign banking organizations that conduct banking operations in the U.S., either directly through branches and agencies or indirectly through
U.S. bank subsidiaries or commercial lending company subsidiaries, generally are subject to the same regulatory regime as domestic bank holding companies.
Dated: December 23, 2005.
John C. Dugan,
Comptroller of the Currency.
By order of the Board of Governors of the
Federal Reserve System on December 8,
2005.
Jennifer J. Johnson,
Secretary of the Board.
By order of the Board of Directors.
Federal Deposit Insurance Corporation.
Dated at Washington, DC, this 5th day of
December 2005.
Robert E. Feldman,
Executive Secretary.
Dated: December 6, 2005.
John M. Reich,
Director, Office of Thrift Supervision.
[FR Doc. 06–12 Filed 1–3–06; 8:45 am]
BILLING CODE 4810–33–P 6210–01–P 6714–01–P 6720–
01–P
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18:00 Jan 03, 2006
Jkt 208001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23475; Directorate
Identifier 2005–NM–117–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 all
EMBRAER Model ERJ 170 airplanes.
This proposed AD would require
revising the Airworthiness Limitations
section (ALS) of the airplane
maintenance manual (AMM) to include
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Sfmt 4702
new, specific maintenance tasks related
to the incorporation of a new horizontal
stabilizer actuator. This proposed AD
also would require revising the ALS of
the AMM to include revised repetitive
inspection intervals for certain tasks in
the maintenance plan related to the
aileron and flap/slat flight controls
system. This proposed AD results from
safety assessments of the aileron and
flap/slat flight controls system,
conducted after the type certification of
the airplane, which showed that some
dormant faults did not comply with the
safety assessment criteria. We are
proposing this AD to prevent failure of
the aileron and flap/slat controls
system, which could result in reduced
controllability of the airplane.
DATES: We must receive comments on
this proposed AD by February 3, 2006.
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\04JAP1.SGM
04JAP1
Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / Proposed Rules
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. Include the
docket number ‘‘FAA–2005–23475;
Directorate Identifier 2005–NM–117–
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 all
EMBRAER Model ERJ 170 airplanes.
291
The DAC advises that a review of safety
assessment reports for aileron and flap/
slat flight control systems, conducted
after type certification of the airplane,
showed that certain assumptions used
in the analysis of some dormant faults
did not comply with the applicable
safety assessment criteria. If those
dormant faults persist and are combined
with other faults that could become
evident during flight, the safety margins
for the airplane could be reduced
significantly. The DAC also advises that
incorporating a new horizontal
stabilizer actuator for the affected
airplanes means that new, specific
maintenance tasks are required for the
Model ERJ 170 fleet. Dormant faults and
improper maintenance tasks, if not
corrected, could result in failure of the
aileron and flap/slat controls system,
and consequent reduced controllability
of the airplane.
Relevant Service Information
EMBRAER has also issued Temporary
Revision (TR) 1–3, dated December 27,
2004, to EMBRAER 170 Maintenance
Review Board (MRB) Report MRB–1621.
This document revises the repetitive
inspection intervals of MRB tasks 27–
11–00–002 (Operational Check of
Control-Yoke Disconnect System) and
27–11–11–001 (Operational Check of
Aileron Override Unit).
EMBRAER has also issued the
following revisions to the maintenance
tasks in the EMBRAER 170 Airplane
Maintenance Manual (AMM), all dated
January 25, 2005. Any applicable
corrective actions are done in
accordance with the applicable AMM
task.
EMBRAER MAINTENANCE TASKS
Task No.
Description
27–11–03 ...........
27–11–03–710–801–A ............................
27–11–03 ...........
27–41–01 ...........
27–11–03–720–801–A ............................
27–41–01–210–801–A ............................
27–41–01 ...........
27–41–01–220–801–A ............................
27–41–01 ...........
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AMM chapter
27–41–01–220–802–A ............................
27–81–01 ...........
27–81–01–710–801–A ............................
Test for broken aileron control cables, and replace the aileron control cable if
necessary.
Test the tension of the aileron control cables, and adjust if necessary.
Do a general visual inspection for the presence of locking nuts in the cover plate
of the external ball return for the horizontal stabilizer trim actuator (HSTA); and
for cracks, or excessive damage of the external ball return cover plate. If one
or more nuts are missing or if there is damage on the cover plate, the corrective action is to replace the HSTA.
Do a detailed visual inspection of the HSTA no-back gearbox for signs of oil leakage, oil contamination, damaged gears, damaged pawl, damaged O-ring, damaged lower gimbal assembly, damaged or loose wiring, broken wire harnesses,
damaged bonding strap, and cracked mechanical stops; and corrective actions
if necessary. The corrective actions range from replacing a component to replacing the HSTA (for a damaged pawl, damage to the lower gimbal assembly,
damaged bonding strap, and damaged mechanical stop).
Do a detailed visual inspection for damage of the ballscrew of the HSTA, and replace the HSTA if necessary.
Adjust slat actuators and do an operational test.
Accomplishing the actions specified
in the service information is intended to
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adequately address the unsafe
condition. The DAC mandated the
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service information and issued Brazilian
airworthiness directive 2005–03–02,
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Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / Proposed Rules
dated April 20, 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 revising the
Airworthiness Limitations section of the
Instructions for Continued
Airworthiness in the EMBRAER 170
AMM to include new, specific
maintenance tasks related to the
incorporation of a new horizontal
stabilizer actuator; and revised
repetitive inspection intervals for
certain tasks in the maintenance plan
related to the aileron and flap/slat flight
controls system.
Difference Between the Proposed AD
and the Brazilian Airworthiness
Directive
Brazilian airworthiness directive
2005–03–02 specifies that operators
should alter the approved maintenance
plan, but does not specify that the
changes are limitations. Therefore, this
proposed AD would specify a revision
to the Airworthiness Limitations section
of the Instructions for Continued
Airworthiness. This difference has been
coordinated with the CTA.
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Costs of Compliance
The following table provides the
estimated costs for U.S. operators to
comply with this proposed AD.
This proposed AD would affect about
42 airplanes of U.S. registry. The
proposed actions 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
$2,730, or $65 per airplane.
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,
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16:23 Jan 03, 2006
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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 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.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
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by adding the following new
airworthiness directive (AD):
Empresa Brasileira De Aeronautica S.A.
(EMBRAER): Docket No. FAA–2005–
23475; Directorate Identifier 2005–NM–
117–AD.
Comments Due Date
(a) The FAA must receive comments on
this AD action by February 3, 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 safety assessments
of the aileron and flap/slat flight controls
system, conducted after the type certification
of the airplane, which showed that some
dormant faults did not comply with the
safety assessment criteria. We are issuing this
AD to prevent failure of the aileron and flap/
slat controls system, which could result in
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.
Airplane Maintenance Manual (AMM)
Revisions
(f) Within 30 days after the effective date
of this AD: Revise the Airworthiness
Limitations section of the Instructions for
Continued Airworthiness in the EMBRAER
170 AMM to include revisions to the
maintenance tasks and repetitive inspections
intervals, and applicable corrective actions
that are approved by either the Manager,
International Branch, ANM–116, Transport
Airplane Directorate, FAA; or the
Departmento de Aviacao Civil (DAC), (or its
delegated agent). The revisions in paragraphs
(f)(1) and (f)(2) of this AD are one approved
method.
(1) EMBRAER Temporary Revision (TR) 1–
3 of the EMBRAER 170 Maintenance Review
Board (MRB) Report MRB–1621, dated
December 27, 2004, to the EMBRAER 170
AMM that includes revised repetitive
inspection intervals for MRB tasks 27–11–
00–002 (Operational Check of Control-Yoke
Disconnect System) and 27–11–11–001
(Operational Check of Aileron Override
Unit). Where the revision requires a
compliance time that is less than 700 flight
hours after the effective date of this AD, do
the action within 700 flight hours after the
effective date of this AD. Thereafter, except
as provided by paragraph (h) of this AD, no
alternative inspection intervals may be
approved.
(2) The revised EMBRAER 170 AMM
maintenance tasks identified in Table 1 of
this AD that include new maintenance tasks
and inspections related to the incorporation
of a new horizontal stabilizer actuator.
Thereafter, except as provided by paragraph
(h) of this AD, no alternative tasks or
inspections may be approved.
E:\FR\FM\04JAP1.SGM
04JAP1
Federal Register / Vol. 71, No. 2 / Wednesday, January 4, 2006 / Proposed Rules
293
TABLE 1.—EMBRAER 170 AMM MAINTENANCE TASKS
AMM chapter
Task Nos.
Date
Title
27–11–03 ...........
27–11–03–710–801–A, 27–11–03–720–
801–A.
27–41–01–210–801–A, 27–41–01–220–
801–A, 27–41–01–220–802–A.
27–81–01–710–801–A ...........................
January 25, 2005 ...................................
Aileron Control Cable—Adjustment/
Test.
Horizontal Stabilizer Trim Actuator—Inspection/Check.
Slat Actuator—Adjustment/Test.
27–41–01 ...........
27–81–01 ...........
Alternative Methods of Compliance
(AMOCs)
(g)(1) The Manager, 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.
Related Information
(h) Brazilian airworthiness directive 2005–
03–02, dated April 20, 2005, also addresses
the subject of this AD.
Issued in Renton, Washington, on
December 20, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E5–8242 Filed 1–3–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–23476; Directorate
Identifier 2005–NM–204–AD]
RIN 2120–AA64
Airworthiness Directives; Fokker
Model F.28 Mark 0070 and 0100
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Fokker Model F.28 Mark 0070
and 0100 airplanes. This proposed AD
would require an inspection of the main
landing gear (MLG) main fitting for
cracks, and repair if necessary. This
proposed AD would also require
installing a placard and revising the
airplane flight manual to include
procedures to prohibit the application of
brakes during backward movement of
the airplane. This proposed AD results
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SUMMARY:
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16:23 Jan 03, 2006
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January 25, 2005 ...................................
January 25, 2005 ...................................
from a report that an MLG main fitting
failed on an airplane that was braking
while moving backward. We are
proposing this AD to detect and correct
cracks in the MLG main fitting, which
could result in reduced structural
integrity of the MLG main fitting.
DATES: We must receive comments on
this proposed AD by February 3, 2006.
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 Fokker Services B.V., P.O.
Box 231, 2150 AE Nieuw-Vennep, the
Netherlands, for service information
identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98055–4056; telephone (425) 227–1137;
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–2005–23476; Directorate
Identifier 2005–NM–204–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
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
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
Civil Aviation Authority—The
Netherlands (CAA–NL), which is the
airworthiness authority for the
Netherlands, notified us that an unsafe
condition may exist on certain Fokker
Model F.28 Mark 0070 and 0100
airplanes. The CAA–NL advises that a
main landing gear (MLG) main fitting
failed on a Fokker Model F.28 Mark
0100 airplane that was braking while
moving backward. The MLG main
fitting broke into two pieces, causing the
lower part including the sliding member
and the main wheels to separate from
the upper main fitting part. An
investigation revealed a 4.5 mm fatigue
crack in the main fitting, which
originated from one of the MLG filler
and bleeder ports. Smaller cracks,
typically 0.5 mm—1.0 mm, have also
E:\FR\FM\04JAP1.SGM
04JAP1
Agencies
[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Proposed Rules]
[Pages 290-293]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8242]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23475; Directorate Identifier 2005-NM-117-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 all EMBRAER Model ERJ 170 airplanes. This proposed AD would require
revising the Airworthiness Limitations section (ALS) of the airplane
maintenance manual (AMM) to include new, specific maintenance tasks
related to the incorporation of a new horizontal stabilizer actuator.
This proposed AD also would require revising the ALS of the AMM to
include revised repetitive inspection intervals for certain tasks in
the maintenance plan related to the aileron and flap/slat flight
controls system. This proposed AD results from safety assessments of
the aileron and flap/slat flight controls system, conducted after the
type certification of the airplane, which showed that some dormant
faults did not comply with the safety assessment criteria. We are
proposing this AD to prevent failure of the aileron and flap/slat
controls system, which could result in reduced controllability of the
airplane.
DATES: We must receive comments on this proposed AD by February 3,
2006.
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
[[Page 291]]
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. Include the docket number ``FAA-
2005-23475; Directorate Identifier 2005-NM-117-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
all EMBRAER Model ERJ 170 airplanes. The DAC advises that a review of
safety assessment reports for aileron and flap/slat flight control
systems, conducted after type certification of the airplane, showed
that certain assumptions used in the analysis of some dormant faults
did not comply with the applicable safety assessment criteria. If those
dormant faults persist and are combined with other faults that could
become evident during flight, the safety margins for the airplane could
be reduced significantly. The DAC also advises that incorporating a new
horizontal stabilizer actuator for the affected airplanes means that
new, specific maintenance tasks are required for the Model ERJ 170
fleet. Dormant faults and improper maintenance tasks, if not corrected,
could result in failure of the aileron and flap/slat controls system,
and consequent reduced controllability of the airplane.
Relevant Service Information
EMBRAER has also issued Temporary Revision (TR) 1-3, dated December
27, 2004, to EMBRAER 170 Maintenance Review Board (MRB) Report MRB-
1621. This document revises the repetitive inspection intervals of MRB
tasks 27-11-00-002 (Operational Check of Control-Yoke Disconnect
System) and 27-11-11-001 (Operational Check of Aileron Override Unit).
EMBRAER has also issued the following revisions to the maintenance
tasks in the EMBRAER 170 Airplane Maintenance Manual (AMM), all dated
January 25, 2005. Any applicable corrective actions are done in
accordance with the applicable AMM task.
EMBRAER Maintenance Tasks
------------------------------------------------------------------------
AMM chapter Task No. Description
------------------------------------------------------------------------
27-11-03................. 27-11-03-710-801-A. Test for broken aileron
control cables, and
replace the aileron
control cable if
necessary.
27-11-03................. 27-11-03-720-801-A. Test the tension of the
aileron control cables,
and adjust if
necessary.
27-41-01................. 27-41-01-210-801-A. Do a general visual
inspection for the
presence of locking
nuts in the cover plate
of the external ball
return for the
horizontal stabilizer
trim actuator (HSTA);
and for cracks, or
excessive damage of the
external ball return
cover plate. If one or
more nuts are missing
or if there is damage
on the cover plate, the
corrective action is to
replace the HSTA.
27-41-01................. 27-41-01-220-801-A. Do a detailed visual
inspection of the HSTA
no-back gearbox for
signs of oil leakage,
oil contamination,
damaged gears, damaged
pawl, damaged O-ring,
damaged lower gimbal
assembly, damaged or
loose wiring, broken
wire harnesses, damaged
bonding strap, and
cracked mechanical
stops; and corrective
actions if necessary.
The corrective actions
range from replacing a
component to replacing
the HSTA (for a damaged
pawl, damage to the
lower gimbal assembly,
damaged bonding strap,
and damaged mechanical
stop).
27-41-01................. 27-41-01-220-802-A. Do a detailed visual
inspection for damage
of the ballscrew of the
HSTA, and replace the
HSTA if necessary.
27-81-01................. 27-81-01-710-801-A. Adjust slat actuators
and do an operational
test.
------------------------------------------------------------------------
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
2005-03-02,
[[Page 292]]
dated April 20, 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 revising
the Airworthiness Limitations section of the Instructions for Continued
Airworthiness in the EMBRAER 170 AMM to include new, specific
maintenance tasks related to the incorporation of a new horizontal
stabilizer actuator; and revised repetitive inspection intervals for
certain tasks in the maintenance plan related to the aileron and flap/
slat flight controls system.
Difference Between the Proposed AD and the Brazilian Airworthiness
Directive
Brazilian airworthiness directive 2005-03-02 specifies that
operators should alter the approved maintenance plan, but does not
specify that the changes are limitations. Therefore, this proposed AD
would specify a revision to the Airworthiness Limitations section of
the Instructions for Continued Airworthiness. This difference has been
coordinated with the CTA.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
This proposed AD would affect about 42 airplanes of U.S. registry.
The proposed actions 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 $2,730, or $65
per airplane.
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 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-
2005-23475; Directorate Identifier 2005-NM-117-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by February
3, 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 safety assessments of the aileron and
flap/slat flight controls system, conducted after the type
certification of the airplane, which showed that some dormant faults
did not comply with the safety assessment criteria. We are issuing
this AD to prevent failure of the aileron and flap/slat controls
system, which could result in 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.
Airplane Maintenance Manual (AMM) Revisions
(f) Within 30 days after the effective date of this AD: Revise
the Airworthiness Limitations section of the Instructions for
Continued Airworthiness in the EMBRAER 170 AMM to include revisions
to the maintenance tasks and repetitive inspections intervals, and
applicable corrective actions that are approved by either the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the Departmento de Aviacao Civil (DAC), (or its
delegated agent). The revisions in paragraphs (f)(1) and (f)(2) of
this AD are one approved method.
(1) EMBRAER Temporary Revision (TR) 1-3 of the EMBRAER 170
Maintenance Review Board (MRB) Report MRB-1621, dated December 27,
2004, to the EMBRAER 170 AMM that includes revised repetitive
inspection intervals for MRB tasks 27-11-00-002 (Operational Check
of Control-Yoke Disconnect System) and 27-11-11-001 (Operational
Check of Aileron Override Unit). Where the revision requires a
compliance time that is less than 700 flight hours after the
effective date of this AD, do the action within 700 flight hours
after the effective date of this AD. Thereafter, except as provided
by paragraph (h) of this AD, no alternative inspection intervals may
be approved.
(2) The revised EMBRAER 170 AMM maintenance tasks identified in
Table 1 of this AD that include new maintenance tasks and
inspections related to the incorporation of a new horizontal
stabilizer actuator. Thereafter, except as provided by paragraph (h)
of this AD, no alternative tasks or inspections may be approved.
[[Page 293]]
Table 1.--EMBRAER 170 AMM Maintenance Tasks
------------------------------------------------------------------------
AMM chapter Task Nos. Date Title
------------------------------------------------------------------------
27-11-03............. 27-11-03-710-80 January 25, Aileron Control
1-A, 27-11-03- 2005. Cable--Adjustm
720-801-A. ent/Test.
27-41-01............. 27-41-01-210-80 January 25, Horizontal
1-A, 27-41-01- 2005. Stabilizer
220-801-A, 27- Trim Actuator--
41-01-220-802- Inspection/
A. Check.
27-81-01............ 27-81-01-710-80 January 25, Slat Actuator--
1-A. 2005. Adjustment/
Test.
------------------------------------------------------------------------
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, 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
(h) Brazilian airworthiness directive 2005-03-02, dated April
20, 2005, also addresses the subject of this AD.
Issued in Renton, Washington, on December 20, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E5-8242 Filed 1-3-06; 8:45 am]
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