Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 290-293 [E5-8242]

Download as PDF 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 The Agencies appreciate the efforts of all interested parties to help us eliminate outdated, unnecessary, or unduly burdensome regulatory requirements.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 ....... wwhite on PROD1PC65 with PROPOSAL 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 VerDate Aug<31>2005 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 PO 00000 Frm 00016 Fmt 4702 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 ........... wwhite on PROD1PC65 with PROPOSAL 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 VerDate Aug<31>2005 16:23 Jan 03, 2006 Jkt 208001 adequately address the unsafe condition. The DAC mandated the PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 service information and issued Brazilian airworthiness directive 2005–03–02, E:\FR\FM\04JAP1.SGM 04JAP1 292 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. wwhite on PROD1PC65 with PROPOSAL 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, VerDate Aug<31>2005 16:23 Jan 03, 2006 Jkt 208001 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 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 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 wwhite on PROD1PC65 with PROPOSAL SUMMARY: VerDate Aug<31>2005 16:23 Jan 03, 2006 Jkt 208001 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]
BILLING CODE 4910-13-P
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