Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 4484-4486 [06-782]
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4484
Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations
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]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
2006–02–11 McDonnell Douglas:
Amendment 39–14463. Docket No.
FAA–2005–20034; Directorate Identifier
2004–NM–178–AD.
Effective Date
(a) This AD becomes effective March 3,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all McDonnell
Douglas Model DC–10–10, DC–10–10F, DC–
10–15, DC–10–30, DC–10–30F (KC–10A and
KDC–10), DC–10–40, DC–10–40F, MD–10–
10F, MD–10–30F, MD–11, and MD–11F
airplanes; certificated in any category.
Unsafe Condition
(d) This AD was prompted by reports of
blocked drain holes of the pitot tubes. We are
issuing this AD to prevent blocked drain
holes of the pitot tubes, which could result
in the accumulation of water in the pitotstatic system and consequent failure of that
system. Failure of the pitot-static system
could result in erroneous airspeed
indications in the cockpit and consequent
loss of airspeed control.
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.
rmajette on PROD1PC67 with RULES
Repetitive Inspections
(f) Within 90 days after the effective date
of this AD, do a detailed inspection for
accumulation of debris (blockage) in the
drain holes of the pitot tubes in accordance
with paragraph (g) of this AD. Repeat the
inspection thereafter at intervals not to
exceed 1,000 flight hours.
Note 1: For the purposes of this AD, a
detailed inspection is ‘‘an intensive
examination of a specific item, installation,
or assembly to detect damage, failure, or
irregularity. Available lighting is normally
supplemented with a direct source of good
lighting at an intensity deemed appropriate.
Inspection aids such as mirrors magnifying
lenses, etc. may be necessary. Surface
cleaning and elaborate procedures may be
required.’’
Visual Check
(g) Do a visual check in accordance with
paragraphs (g)(1) through (g)(3) of this AD.
The visual check must be done by
certificated maintenance personnel.
VerDate Aug<31>2005
15:14 Jan 26, 2006
Jkt 208001
(1) Make certain that the pitot heat is off
and the pitot tubes are not hot.
Note 2: Caution. Exercise care in checking
pitot tubes to prevent severe burns to your
hands.
(2) Attempt to look through the left and
right drain holes of each pitot tube.
(3) Make sure that ambient light (or
flashlight) is visible through both drain holes
of each pitot tube.
Corrective Action
(h) If any evidence of drain hole blockage
is found during any inspection required by
paragraph (f) or (g) of this AD, before further
flight, clean the hole in accordance with a
method approved by the Manager, Los
Angeles Aircraft Certification Office (ACO),
FAA. Chapter 34–11–02 of the Boeing DC–10
or MD–10 Airplane Maintenance Manual is
one approved method for Model DC–10–10,
DC–10–10F, DC–10–15, DC–10–30, DC–10–
30F (KC–10A and KDC–10), DC–10–40, DC–
10–40F, MD–10–10F, and MD–10–30F
airplanes; as applicable. Chapter 34–11–01 of
the applicable Boeing MD–11 Airplane
Maintenance Manual is one approved
method for Model MD–11 and MD–11F
airplanes.
Alternative Methods of Compliance
(AMOCs)
(i)(1) The Manager, Los Angeles ACO,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Material Incorporated by Reference
(j) None.
Issued in Renton, Washington, on January
19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 06–734 Filed 1–26–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–23703; Directorate
Identifier 2005–NM–052–AD; Amendment
39–14465; AD 2006–03–01]
Final rule; request for
comments.
ACTION:
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, when certain
SmartProbes are installed, revising the
Limitations section of the airplane flight
manual to limit the maximum take-off
weight of the airplane and increase the
reference speed during certain landing
conditions. This AD results from reports
of variable calibration values of certain
sensors of the SmartProbes, which could
result in the transmission of erroneous
information to the air data system. We
are issuing this AD to prevent reduced
controllability of the airplane.
DATES: This AD becomes effective
February 13, 2006.
We must receive comments on this
AD by March 28, 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,
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
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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.
Certain Air Data SmartProbes that may
be installed on these airplanes have
been reported to be contaminated. A
E:\FR\FM\27JAR1.SGM
27JAR1
Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations
SmartProbe contains four absolute
pressure sensors and one differential
pressure (dP) sensor. These five sensors
provide the basic input used by the
SmartProbe to calculate certain
pressure-based data used by the
airplane. Operators have reported shifts
in the calibrated values of these dP
sensors. These shifts have been
attributed to contamination during the
manufacturing process. Contaminated
SmartProbes, if not detected and
removed, could affect the correct
operation of several airplane systems
including the flight control system, and
result in reduced controllability of the
airplane.
The DAC issued corresponding
Brazilian airworthiness directive 2005–
02–01, dated March 3, 2005, to ensure
the continued airworthiness of these
airplanes in Brazil.
rmajette on PROD1PC67 with RULES
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 reduced controllability of the
airplane. This AD requires, if an affected
SmartProbe is installed, revising the
Limitations section of the airplane flight
manual to limit the maximum take-off
weight of the airplane and increase the
reference speed during certain landing
conditions.
Difference Between AD and Brazilian
Airworthiness Directive
In addition to the AFM revision, the
Brazilian airworthiness directive
requires repetitive tests of certain
affected SmartProbes. We have decided,
however, to immediately adopt this AD
to require only the AFM revision. We
may later consider further rulemaking to
supersede this AD to add a requirement
to repetitively test the SmartProbes. We
considered the urgency associated with
the subject unsafe condition, the
relatively low number of affected
SmartProbes that currently exist, and
logistical concerns associated with
performing the tests within a period of
time that corresponds to the normal
VerDate Aug<31>2005
15:14 Jan 26, 2006
Jkt 208001
scheduled maintenance for most
affected operators. The planned
compliance time to initiate the
repetitive tests would allow enough
time to provide notice and opportunity
for prior public comment on the merits
of the tests. We therefore consider this
AD interim action.
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–2006–23703; Directorate Identifier
2005–NM–052–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.
PO 00000
Frm 00035
Fmt 4700
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4485
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 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, 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.
E:\FR\FM\27JAR1.SGM
27JAR1
4486
§ 39.13
Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Rules and Regulations
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
I
Issued in Renton, Washington, on January
19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 06–782 Filed 1–26–06; 8:45 am]
2006–03–01 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–14465. Docket No.
FAA–2006–23703; Directorate Identifier
2005–NM–052–AD.
BILLING CODE 4910–13–P
Effective Date
Federal Aviation Administration
(a) This AD becomes effective February 13,
2006.
14 CFR Part 97
Affected ADs
[Docket No. 30476; Amdt. No. 3151]
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model
ERJ 170–100 LR, –100 STD, –100 SE, and
–100 SU airplanes, certificated in any
category.
Standard Instrument Approach
Procedures; Miscellaneous
Amendments
AGENCY:
Unsafe Condition
(d) This AD results from reports of variable
calibration values of certain sensors of the
Air Data SmartProbes, which could result in
the transmission of erroneous information to
the air data system. This was caused by
contamination during the manufacturing
process. We are issuing this AD to prevent
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.
Revision of Airplane Flight Manual (AFM)
(f) As of 30 days after the effective date of
this AD: During any time period when any
SmartProbe part number 2015G2H2H–4,
2015G2H2H–4A, 2015G2H2H–5, or
2015G2H2H–5A is installed, before further
flight, revise the Limitations section of the
AFM to include the following operational
limitations (this may be done by inserting a
copy of this AD into the AFM):
‘‘• Reduce the calculated MTOW by 110
kgf whenever it is defined by obstacle
clearance on the final segment.
• Increase the reference speed (VREF) by 1
kt when landing with Flap 5.’’
rmajette on PROD1PC67 with RULES
Alternative Methods of Compliance
(AMOCs)
(g)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 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–
02–01, dated March 3, 2005, also addresses
the subject of this AD.
VerDate Aug<31>2005
15:14 Jan 26, 2006
Jkt 208001
DEPARTMENT OF TRANSPORTATION
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY: This amendment amends
Standard Instrument Approach
Procedures (SIAPs) for operations at
certain airports. These regulatory
actions are needed because of changes
occurring in the National Airspace
System, such as the commissioning of
new navigational facilities, addition of
new obstacles, or changes in air traffic
requirements. These changes are
designed to provide safe and efficient
use of the navigable airspace and to
promote safe flight operations under
instrument flight rules at the affected
airports.
This rule is effective January 27,
2006. The compliance date for each
SIAP is specified in the amendatory
provisions.
The incorporation by reference of
certain publications listed in the
regulations is approved by the Director
of the Federal Register as of January 27,
2006.
ADDRESSES: Availability of matter
incorporated by reference in the
amendment is as follows:
For Examination—
1. FAA Rules Docket, FAA
Headquarters Building, 800
Independence Ave, SW., Washington,
DC 20591;
2. The FAA Regional Office of the
region in which affected airport is
located; or
3. The National Flight Procedures
Office, 6500 South MacArthur Blvd.,
Oklahoma City, OK 73169; or
4. The National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/
DATES:
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
code_of_federal_regulations/
ibr_locations.html.
For Purchase—Individual SIAP
copies may be obtained from:
1. FAA Public Inquiry Center (APA–
200), FAA Headquarters Building, 800
Independence Avenue, SW.,
Washington, DC 20591; or
2. The FAA Regional Office of the
region in which the affected airport is
located.
By Subscription—Copies of all SIAPs,
mailed once every 2 weeks, are for sale
by the Superintendent of Documents,
U.S. Government Printing Office,
Washington, DC 20402.
FOR FURTHER INFORMATION CONTACT:
Donald P. Pate, Flight Procedure
Standards Branch (AFS–420), Flight
Technologies and Programs Division,
Flight Standards Service, Federal
Aviation Administration, Mike
Monroney Aeronautical Center, 6500
South MacArthur Blvd. Oklahoma City,
OK. 73169 (Mail Address: P.O. Box
25082 Oklahoma City, OK. 73125)
telephone: (405) 954–4164.
SUPPLEMENTARY INFORMATION: This
amendment to Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97)
amends Standard Instrument Approach
Procedures (SIAPs). The complete
regulatory description of each SIAP is
contained in the appropriate FAA Form
8260, as modified by the the National
Flight Data Center (FDC)/Permanent
Notice to Airmen (P–NOTAM), which is
incorporated by reference in the
amendment under 5 U.S.C. 552(a), 1
CFR part 51, and § 97.20 of the Code of
Federal Regulations. Materials
incorporated by reference are available
for examination or purchase as stated
above.
The large number of SIAPs, their
complex nature, and the need for a
special format make their verbatim
publication in the Federal Register
expensive and impractical. Further,
airmen do not use the regulatory text of
the SIAPs, but refer to their graphic
depiction on charts printed by
publishers of aeronautical materials.
Thus, the advantages of incorporation
by reference are realized and
publication of the complete description
of each SIAP contained in FAA form
documents is unnecessary. The
provisions of this amendment state the
affected CFR sections, with the types
and effective dates of the SIAPs. This
amendment also identifies the airport,
its location, the procedure identification
and the amendment number.
The Rule
This amendment to 14 CFR part 97 is
effective upon publication of each
E:\FR\FM\27JAR1.SGM
27JAR1
]]>Agencies
[Federal Register Volume 71, Number 18 (Friday, January 27, 2006)]
[Rules and Regulations]
[Pages 4484-4486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-782]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-23703; Directorate Identifier 2005-NM-052-AD;
Amendment 39-14465; AD 2006-03-01]
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, when certain SmartProbes are installed,
revising the Limitations section of the airplane flight manual to limit
the maximum take-off weight of the airplane and increase the reference
speed during certain landing conditions. This AD results from reports
of variable calibration values of certain sensors of the SmartProbes,
which could result in the transmission of erroneous information to the
air data system. We are issuing this AD to prevent reduced
controllability of the airplane.
DATES: This AD becomes effective February 13, 2006.
We must receive comments on this AD by March 28, 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, 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 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. Certain Air Data SmartProbes that
may be installed on these airplanes have been reported to be
contaminated. A
[[Page 4485]]
SmartProbe contains four absolute pressure sensors and one differential
pressure (dP) sensor. These five sensors provide the basic input used
by the SmartProbe to calculate certain pressure-based data used by the
airplane. Operators have reported shifts in the calibrated values of
these dP sensors. These shifts have been attributed to contamination
during the manufacturing process. Contaminated SmartProbes, if not
detected and removed, could affect the correct operation of several
airplane systems including the flight control system, and result in
reduced controllability of the airplane.
The DAC issued corresponding Brazilian airworthiness directive
2005-02-01, dated March 3, 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 reduced
controllability of the airplane. This AD requires, if an affected
SmartProbe is installed, revising the Limitations section of the
airplane flight manual to limit the maximum take-off weight of the
airplane and increase the reference speed during certain landing
conditions.
Difference Between AD and Brazilian Airworthiness Directive
In addition to the AFM revision, the Brazilian airworthiness
directive requires repetitive tests of certain affected SmartProbes. We
have decided, however, to immediately adopt this AD to require only the
AFM revision. We may later consider further rulemaking to supersede
this AD to add a requirement to repetitively test the SmartProbes. We
considered the urgency associated with the subject unsafe condition,
the relatively low number of affected SmartProbes that currently exist,
and logistical concerns associated with performing the tests within a
period of time that corresponds to the normal scheduled maintenance for
most affected operators. The planned compliance time to initiate the
repetitive tests would allow enough time to provide notice and
opportunity for prior public comment on the merits of the tests. We
therefore consider this AD interim action.
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-2006-
23703; Directorate Identifier 2005-NM-052-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 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, 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.
[[Page 4486]]
Sec. 39.13 [Amended]
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2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-03-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14465. Docket No. FAA-2006-23703; Directorate
Identifier 2005-NM-052-AD.
Effective Date
(a) This AD becomes effective February 13, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
STD, -100 SE, and -100 SU airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from reports of variable calibration values
of certain sensors of the Air Data SmartProbes, which could result
in the transmission of erroneous information to the air data system.
This was caused by contamination during the manufacturing process.
We are issuing this AD to prevent 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.
Revision of Airplane Flight Manual (AFM)
(f) As of 30 days after the effective date of this AD: During
any time period when any SmartProbe part number 2015G2H2H-4,
2015G2H2H-4A, 2015G2H2H-5, or 2015G2H2H-5A is installed, before
further flight, revise the Limitations section of the AFM to include
the following operational limitations (this may be done by inserting
a copy of this AD into the AFM):
`` Reduce the calculated MTOW by 110 kgf whenever it is
defined by obstacle clearance on the final segment.
Increase the reference speed (VREF) by 1 kt when
landing with Flap 5.''
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with 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 2005-02-01, dated March 3,
2005, also addresses the subject of this AD.
Issued in Renton, Washington, on January 19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-782 Filed 1-26-06; 8:45 am]
BILLING CODE 4910-13-P
