Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 20593-20595 [E6-5987]
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Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules
oversight responsibility for the relevant
type certificate or supplemental type
certificate, as determined by the
Administrator.
§ 129.103–129.115
§ 129.117
[Reserved]
[Reserved]
18. Redesignate § 129.16 as new
§ 129.109.
§ 129.16
[Added and Reserved]
19. A new § 129.16 is added and
reserved.
§ 129.32
[Redesignated]
20. Redesignate § 129.32 as new
§ 129.107.
§ 129.32
[Added and Reserved]
21. A new § 129.32 is added and
reserved.
§ 129.33
[Redesignated]
22. Redesignate § 129.33 as new
§ 129.105.
§ 129.33
[Added and Reserved]
23. A new § 129.33 is added and
reserved.
Issued in Washington, DC, on April 13,
2006.
James J. Ballough,
Director, Flight Standards Service, Aviation
Safety.
Dorenda D. Baker,
Acting Director, Aircraft Certification Service,
Aviation Safety.
[FR Doc. 06–3758 Filed 4–20–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24523; Directorate
Identifier 2006–NM–057–AD]
RIN 2120–AA64
Comments Invited
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).
wwhite on PROD1PC61 with PROPOSALS
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain EMBRAER Model ERJ 170
airplanes. This proposed AD would
require inspecting for excess sealant
applied to the attachment bolts of the
negative pressure relief valve, and
performing corrective actions if
necessary. This proposed AD results
VerDate Aug<31>2005
16:10 Apr 20, 2006
from reports that excess sealant was
applied to the attachment bolts of the
negative pressure relief valve, which
interfered with the valve’s movable
diaphragm. We are proposing this AD to
prevent incorrect operation of the
negative pressure relief valve, which
could result in negative pressures that
exceed the structural strength limits of
the airframe and lead to reduced
structural integrity of the airplane.
DATES: We must receive comments on
this proposed AD by May 22, 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 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:
Jkt 208001
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–2006–24523; Directorate
Identifier 2006–NM–057–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
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
20593
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 Departamento de Aviacao Civil
(DAC), which is the airworthiness
authority for Brazil, notified us that an
unsafe condition may exist on certain
EMBRAER Model ERJ 170 airplanes.
The DAC advises that it has received
several reports that excess sealant was
applied to the attachment bolts of the
negative pressure relief valve, which
interfered with the valve’s movable
diaphragm. This condition, if not
corrected, could cause incorrect
operation of the negative pressure relief
valve, which could result in negative
pressures that exceed the structural
strength limits of the airframe and lead
to reduced structural integrity of the
airplane.
Relevant Service Information
EMBRAER has issued Service Bulletin
170–21–0014, dated August 19, 2005.
The service bulletin describes
procedures for examining the
attachment bolts of the negative
pressure relief valve for excess sealant,
and performing corrective actions if
necessary. Corrective actions include
removing excess sealant, cleaning the
affected area, and, if necessary,
removing all the sealant and reapplying
new sealant. Accomplishing the actions
specified in the service information is
intended to adequately address the
unsafe condition. The DAC mandated
the service information and issued
E:\FR\FM\21APP1.SGM
21APP1
20594
Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules
Brazilian airworthiness directive 2005–
12–05, dated January 19, 2006, to ensure
the continued airworthiness of these
airplanes in Brazil.
FAA’s Determination and Requirements
of the Proposed AD
These airplane models are
manufactured in Brazil and are type
certificated for operation in the United
States under the provisions of section
21.29 of the Federal Aviation
Regulations (14 CFR 21.29) and the
applicable bilateral airworthiness
agreement. Pursuant to this bilateral
airworthiness agreement, the DAC has
kept the FAA informed of the situation
described above. We have examined the
DAC’s findings, evaluated all pertinent
information, and determined that we
need to issue an AD for airplanes of this
type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD,
which would require accomplishing the
actions specified in the service
information described previously,
except as discussed under ‘‘Difference
Between Proposed AD and Service
Bulletin and Brazilian Airworthiness
Directive.’’
Difference Between Proposed AD and
Service Bulletin and Brazilian
Airworthiness Directive
EMBRAER Service Bulletin 170–21–
0014 specifies to ‘‘examine’’ the
attachment bolts of the negative
pressure relief valve and Brazilian
airworthiness directive 2005–12–05
specifies to ‘‘check’’ those bolts;
however, for clarity, this proposed AD
would require a general visual
inspection of those bolts. We have
included the definition of this type of
inspection in the proposed AD.
wwhite on PROD1PC61 with PROPOSALS
Costs of Compliance
This proposed AD would affect about
54 airplanes of U.S. registry. The
proposed actions would take about 1
work hour per airplane, at an average
labor rate of $80 per work hour. Based
on these figures, the estimated cost of
the proposed AD for U.S. operators is
$4,320, or $80 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,
VerDate Aug<31>2005
16:10 Apr 20, 2006
Jkt 208001
Comments Due Date
‘‘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.
(c) This AD applies to EMBRAER Model
ERJ 170–100 LR, –100 STD, –100 SE, and
–100 SU airplanes, certificated in any
category; having serial numbers 17000002
through 17000099.
Regulatory Findings
Unsafe Condition
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.
(d) This AD results from reports that excess
sealant was applied to the attachment bolts
of the negative pressure relief valve, which
interfered with the valve’s movable
diaphragm. We are issuing this AD to prevent
incorrect operation of the negative pressure
relief valve, which could result in negative
pressures that exceed the structural strength
limits of the airframe and lead to reduced
structural integrity of the airplane.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by adding the following new
airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A.
(EMBRAER): Docket No. FAA–2006–
24523; Directorate Identifier 2006–NM–
057–AD.
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
(a) The FAA must receive comments on
this AD action by May 22, 2006.
Affected ADs
(b) None.
Applicability
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Inspection
(f) Within 700 flight hours after the
effective date of this AD, perform a general
visual inspection of the attachment bolts of
the negative pressure relief valve for excess
sealant and perform the applicable corrective
actions, by accomplishing all applicable
actions specified in the Accomplishment
Instructions of EMBRAER Service Bulletin
170–21–0014, dated August 19, 2005.
Corrective actions must be performed prior to
further flight.
Note 1: For the purposes of this AD, a
general visual inspection is: ‘‘A visual
examination of an interior or exterior area,
installation, or assembly to detect obvious
damage, failure, or irregularity. This level of
inspection is made from within touching
distance unless otherwise specified. A mirror
may be necessary to ensure visual access to
all surfaces in the inspection area. This level
of inspection is made under normally
available lighting conditions such as
daylight, hangar lighting, flashlight, or
droplight and may require removal or
opening of access panels or doors. Stands,
ladders, or platforms may be required to gain
proximity to the area being checked.’’
Alternative Methods of Compliance
(AMOCs)
(g)(1) The Manager, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, has the authority to approve AMOCs
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
E:\FR\FM\21APP1.SGM
21APP1
Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Proposed Rules
Related Information
(h) Brazilian airworthiness directive 2005–
12–05, dated January 19, 2006, also addresses
the subject of this AD.
Issued in Renton, Washington, on April 13,
2006.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E6–5987 Filed 4–20–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24091; Directorate
Identifier 2006–CE–17–AD]
RIN 2120–AA64
Airworthiness Directives; Pilatus
Aircraft Ltd. Models PC–6, PC–6–H1,
PC–6–H2, PC–6/350, PC–6/350–H1, PC–
6/350–H2, PC–6/A, PC–6/A–H1, PC–6/
A–H2, PC–6/B–H2, PC–6/B1–H2, PC–6/
B2–H2, PC–6/B2–H4, PC–6/C–H2, and
PC–6/C1–H2 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
wwhite on PROD1PC61 with PROPOSALS
AGENCY:
SUMMARY: We propose to supersede
Airworthiness Directive (AD) 98–12–01,
which applies to certain Pilatus Aircraft
Ltd (Pilatus) Models PC–6, PC–6/A, PC–
6/B, and PC–6/C series airplanes
equipped with turbo-prop engines. AD
98–12–01 currently requires you to
modify the fuel system to improve the
venting between the collector tank, the
main wing tanks, and the engine. Since
we issued AD 98–12–01, the FAA
determined the action should also apply
to all the models of the PC–6 airplanes
listed in the type certification data sheet
of Type Certificate (TC) No. 7A15 that
are produced in the United States
through a licensing agreement between
Pilatus and Fairchild Republic
Company (also identified as Fairchild
Industries, Fairchild Heli Porter, or
Fairchild-Hiller Corporation). In
addition, the intent of the applicability
of AD 98–12–01 was to apply to affected
serial numbers of the airplane models
listed in TC No. 7A15. Consequently,
this proposed AD would retain all the
actions of AD 98–12–01, would add
those Fairchild Republic Company
airplanes to the applicability of this
proposed AD, and would list out the
individual specific airplane models. We
are proposing this AD to prevent engine
VerDate Aug<31>2005
16:10 Apr 20, 2006
Jkt 208001
fuel starvation during maximum climb
and descent caused by poor fuel tank
venting with low fuel levels, which
could result in a loss of engine power
during critical phases of flight.
DATES: We must receive comments on
this proposed AD by May 24, 2006.
ADDRESSES: Use one of the following
addresses to comment 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–
0001.
• 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.
For service information identified in
this proposed AD, contact Pilatus
Aircraft Ltd., Customer Liaison
Manager, CH–6371 Stans, Switzerland;
telephone: +41 41 619 63 19; facsimile:
+41 41 619 6224.
FOR FURTHER INFORMATION CONTACT:
Doug Rudolph, Aerospace Engineer,
FAA, Small Airplane Directorate, 901
Locust, Room 301, Kansas City,
Missouri 64106; telephone: (816) 329–
4059; facsimile: (816) 329–4090.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments
regarding this proposed AD. Send your
comments to an address listed under the
ADDRESSES section. Include the docket
number, ‘‘FAA–2006–24091; Directorate
Identifier 2006–CE–17–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 we receive
concerning this proposed AD.
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
20595
Discussion
Mandatory continuing airworthiness
information and the FAA’s
determination that an unsafe condition
existed on certain Pilatus Models PC–6,
PC–6/A, PC–6/B–H2, PC–6/B1–H2, PC–
6/B, PC–6/C series airplanes (all models
in the TCDS) equipped with turbo-prop
engines caused us to issue AD 98–12–
01, Amendment 39–10558 (63 FR
30370, June 4, 1998). AD 98–12–01
currently requires you to modify the
fuel system to improve the venting
between the collector tank, the main
wing tanks, and the engine on certain
Models PC–6, PC–6/A, PC–6/B–H2, PC–
6/B1–H2, PC–6/B, PC–6/C series
airplanes.
The Federal Office for Civil Aviation
(FOCA), which is the airworthiness
authority for Switzerland, notified the
FAA of the need to supersede AD 98–
12–01 to address an unsafe condition
that may exist or could develop on
certain Models PC–6, PC–6/A, PC–6/B–
H2, PC–6/B1–H2, PC–6/B, PC–6/C series
airplanes. The FOCA reports that the
AD action should also apply to all the
models of the PC–6 airplanes listed in
the type certification data sheet of TC
No. 7A15 produced in the United States
through a licensing agreement between
Pilatus and Fairchild Republic
Company (also identified as Fairchild
Industries, Fairchild Heli Porter, or
Fairchild-Hiller Corporation).
This condition, if not corrected, could
result in engine fuel starvation during
maximum climb and descent caused by
poor fuel tank venting with low fuel
levels, which could result in a loss of
engine power during critical phases of
flight.
Foreign Airworthiness Authority
Information
The FOCA recently issued Swiss AD
Number HB 2005–289, effective date
August 23, 2005, to ensure the
continued airworthiness of all models of
the PC–6 airplanes listed in TC No.
7A15, including those produced in the
United States under a licensing
agreement with Pilatus and Fairchild
Republic Company (also identified as
Fairchild Industries, Fairchild Heli
Porter, or Fairchild-Hiller Corporation).
The State of Design for the Pilatus
PC–6 airplanes is Switzerland and the
airplanes are 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.
Under this bilateral airworthiness
agreement, the FOCA has kept us
informed of the situation described
above.
E:\FR\FM\21APP1.SGM
21APP1
Agencies
[Federal Register Volume 71, Number 77 (Friday, April 21, 2006)]
[Proposed Rules]
[Pages 20593-20595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5987]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24523; Directorate Identifier 2006-NM-057-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain EMBRAER Model ERJ 170 airplanes. This proposed AD would
require inspecting for excess sealant applied to the attachment bolts
of the negative pressure relief valve, and performing corrective
actions if necessary. This proposed AD results from reports that excess
sealant was applied to the attachment bolts of the negative pressure
relief valve, which interfered with the valve's movable diaphragm. We
are proposing this AD to prevent incorrect operation of the negative
pressure relief valve, which could result in negative pressures that
exceed the structural strength limits of the airframe and lead to
reduced structural integrity of the airplane.
DATES: We must receive comments on this proposed AD by May 22, 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 Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
24523; Directorate Identifier 2006-NM-057-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 Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
certain EMBRAER Model ERJ 170 airplanes. The DAC advises that it has
received several reports that excess sealant was applied to the
attachment bolts of the negative pressure relief valve, which
interfered with the valve's movable diaphragm. This condition, if not
corrected, could cause incorrect operation of the negative pressure
relief valve, which could result in negative pressures that exceed the
structural strength limits of the airframe and lead to reduced
structural integrity of the airplane.
Relevant Service Information
EMBRAER has issued Service Bulletin 170-21-0014, dated August 19,
2005. The service bulletin describes procedures for examining the
attachment bolts of the negative pressure relief valve for excess
sealant, and performing corrective actions if necessary. Corrective
actions include removing excess sealant, cleaning the affected area,
and, if necessary, removing all the sealant and reapplying new sealant.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The DAC mandated
the service information and issued
[[Page 20594]]
Brazilian airworthiness directive 2005-12-05, dated January 19, 2006,
to ensure the continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. We have examined the DAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference Between
Proposed AD and Service Bulletin and Brazilian Airworthiness
Directive.''
Difference Between Proposed AD and Service Bulletin and Brazilian
Airworthiness Directive
EMBRAER Service Bulletin 170-21-0014 specifies to ``examine'' the
attachment bolts of the negative pressure relief valve and Brazilian
airworthiness directive 2005-12-05 specifies to ``check'' those bolts;
however, for clarity, this proposed AD would require a general visual
inspection of those bolts. We have included the definition of this type
of inspection in the proposed AD.
Costs of Compliance
This proposed AD would affect about 54 airplanes of U.S. registry.
The proposed actions would take about 1 work hour per airplane, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $4,320, or $80
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-
2006-24523; Directorate Identifier 2006-NM-057-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by May 22,
2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU airplanes, certificated in any category; having
serial numbers 17000002 through 17000099.
Unsafe Condition
(d) This AD results from reports that excess sealant was applied
to the attachment bolts of the negative pressure relief valve, which
interfered with the valve's movable diaphragm. We are issuing this
AD to prevent incorrect operation of the negative pressure relief
valve, which could result in negative pressures that exceed the
structural strength limits of the airframe and lead to reduced
structural integrity 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.
Inspection
(f) Within 700 flight hours after the effective date of this AD,
perform a general visual inspection of the attachment bolts of the
negative pressure relief valve for excess sealant and perform the
applicable corrective actions, by accomplishing all applicable
actions specified in the Accomplishment Instructions of EMBRAER
Service Bulletin 170-21-0014, dated August 19, 2005. Corrective
actions must be performed prior to further flight.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with 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.
[[Page 20595]]
Related Information
(h) Brazilian airworthiness directive 2005-12-05, dated January
19, 2006, also addresses the subject of this AD.
Issued in Renton, Washington, on April 13, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-5987 Filed 4-20-06; 8:45 am]
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