Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 52416-52418 [E6-14637]
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Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations
second column, and paragraph (h) in the
third column of AD 2005–24–11 are
corrected to read as follows:
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(f) For Model EMB–135BJ airplanes:
Within 30 days after May 14, 2003 (the
effective date of AD 2003–09–03),
perform a general visual inspection of
each spring cartridge of the elevator gust
lock system to determine if the lock
washer projection correctly fits the slots
in the cartridge flange, in accordance
with EMBRAER Service Bulletin
145LEG–27–0006, dated December 9,
2002; Revision 01, dated June 3, 2003;
or Revision 02, dated April 12, 2004.
Before further flight, replace any
discrepant spring cartridge with a new
part having the same part number, in
accordance with the service bulletin; or
replace the spring cartridge, part
number (P/N) KPD2611, with a new,
improved spring cartridge, P/N
KPD4235, as specified in paragraph (h)
of this AD. * * *
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(g) For airplanes not identified in
paragraph (f) of this AD: At the
applicable time specified in paragraph
(g)(1) or (g)(2) of this AD, perform a
general visual inspection of each spring
cartridge of the elevator gust lock
system to determine if the lock washer
projection correctly fits the slots in the
cartridge flange, in accordance with
EMBRAER Service Bulletin 145–27–
0098, dated December 9, 2002; Change
01, dated June 3, 2003; or Revision 02,
dated April 12, 2004. Repeat the
inspection at intervals not to exceed 800
flight hours after the initial inspection
until the replacement of the spring
cartridge, P/N KPD2611, with a new,
improved spring cartridge, P/N
KPD4235, is done as specified in
paragraph (h) of this AD. * * *
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New Requirements of This AD
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Replacement of Spring Cartridge
(h) Within 5,500 flight hours or 36
months after the effective date of this
AD, whichever comes first, replace the
spring cartridge, P/N KPD2611, with a
new, improved spring cartridge, P/N
KPD4235, in accordance with the
Accomplishment Instructions of
EMBRAER Service Bulletin 145LEG–
27–0012, Revision 01, dated April 12,
2004 (for Model EMB–135BJ airplanes);
or EMBRAER Service Bulletin 145–27–
0102, Revision 02, dated January 20,
2005 (for Model EMB–135ER, –135KE,
–135KL, –135LR, –145, –145ER,
–145MR, –145LR, –145XR, –145MP, and
–145EP airplanes); as applicable. * * *
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VerDate Aug<31>2005
16:42 Sep 05, 2006
Jkt 205001
Issued in Renton, Washington, on August
18, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–14687 Filed 9–5–06; 8:45 am]
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–1175; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–13–P
Examining the Docket
You may examine the airworthiness
directive (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 street address stated in the
ADDRESSES section.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–22125; Directorate
Identifier 2005–NM–130–AD; Amendment
39–14745; AD 2006–18–07]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
EMBRAER Model ERJ 170 airplanes.
This AD requires replacing the very
high frequency (VHF) antenna located
in position 1 of the fuselage with a new,
improved VHF antenna. This AD results
from a report of the loss of all voice
communications due to a lightning
strike damaging all the VHF antennas.
We are issuing this AD to prevent the
loss of voice communication, which,
when combined with the complexity of
the national airspace system, could
result in reduced flightcrew situational
awareness, increased flightcrew
workload, and increased risk of human
error, and consequent reduced ability to
maintain safe flight and landing of the
airplane.
DATES: This AD becomes effective
October 11, 2006.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in the AD
as of October 11, 2006.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the Docket
Management Facility, U.S. Department
of Transportation, 400 Seventh Street,
SW., Nassif Building, Room PL–401,
Washington, DC.
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,
PO 00000
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Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to certain EMBRAER Model ERJ
170 airplanes. That NPRM was
published in the Federal Register on
August 18, 2005 (70 FR 48500). That
NPRM proposed to require replacing the
very high frequency (VHF) antenna
located in position 1 of the fuselage
with a new, improved VHF antenna.
Comments
We provided the public the
opportunity to participate in the
development of this AD. We have
considered the comments that have
been received on the NPRM.
Request for All Very High Frequency
(VHF) Antennas To Be Replaced
Air Line Pilots Association (ALPA)
requests that all of the VHF antennas on
the subject airplanes be replaced with
the new, improved antennas. ALPA
suggests that, for redundancy purposes,
all of the VHF antennas should be
replaced because ‘‘all’’ of the VHF
antennas were damaged in the event
that precipitated the AD.
We do not agree to require
replacement of all the VHF
communications antennas. Section
25.1316(b) of the Federal Aviation
Regulations (FARs) (14 CFR 25.1316)
requires that a major aircraft system
that, if it failed, would contribute to or
cause a condition that would reduce the
capability of the airplane or flightcrew
to cope with adverse operating
conditions must be designed to be able
to recover in a timely manner after
exposure to lightning. In the incident
precipitating this AD, the VHF
communications system failed because
none of the VHF antennas were able to
recover. The newly designed
replacement antenna required by this
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Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations
AD has been through considerable
testing and we find that sufficient data
exist to demonstrate that it meets the
requirements of section 25.1316(b) and
will be able to recover function of the
VHF communications system following
a lightning strike. Therefore, replacing
the position 1 VHF communications
antenna with the new antenna instead
of replacing all of the VHF antennas is
sufficient to ensure system recovery in
the event of a lightning strike and will
adequately address the unsafe condition
addressed by this AD. However,
operators are free to replace the position
2 and 3 VHF communications antennas
with the newly designed antenna at
their discretion. We have not changed
the AD in this regard.
jlentini on PROD1PC65 with RULES
Request for Review of the Subject
Airplane’s Ability To Handle Lightning
Strikes
ALPA also requests that the FAA look
into the subject airplane’s ability to
adequately and safely handle lightning
strikes and static discharges. ALPA
gives no justification for this request.
We do not agree. This airplane model
design was certificated to the
airworthiness standards for lightning
protection provided in part 25 of the
FARs (14 CFR part 25). The purpose of
these standards is to ensure that the
operation of the airplane is not
adversely affected when the airplane is
exposed to lightning. Beyond the event
that is the subject of this AD, we are
unaware of any other instances of this
model airplane being adversely affected
by exposure to lightning. We have made
no change to the AD in this regard.
Request To Reference Parts
Manufacturer Approval (PMA) Parts
Modification and Replacement Parts
Association (MARPA) requests that the
language in the NPRM be changed to
permit installation of PMA equivalent
parts. The commenter states that the
mandated installation of a certain part
number in the NPRM ‘‘creates a conflict
with 14 CFR Section 21.303.’’
We do not agree with MARPA’s
request. We infer that MARPA would
like the AD to specify the manufacturer
and part number in order to permit
installation of any equivalent PMA
parts. We also infer that MARPA
believes that it is not necessary for an
operator to request approval of an
alternate method of compliance (AMOC)
in order to install an ‘‘equivalent’’ PMA
part. Whether an alternative part is
‘‘equivalent’’ in adequately resolving the
unsafe condition can only be
determined on a case-by-case basis
based on a complete understanding of
the unsafe condition. We are not
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16:42 Sep 05, 2006
Jkt 205001
currently aware of any such parts. Our
policy is that, in order for operators to
replace a part with one that is not
specified in the AD, they must request
an AMOC. This is necessary so that we
can make a specific determination that
an alternative part is or is not
susceptible to the same unsafe
condition.
In response to MARPA’s statement
regarding a ‘‘conflict with FAR 21.303,’’
under which the FAA issues PMAs, this
statement appears to reflect a
misunderstanding of the relationship
between ADs and the certification
procedural regulations of part 21 of the
Federal Aviation Regulations (14 CFR
part 21). Those regulations, including
section 21.303 of the Federal Aviation
Regulations (14 CFR 21.203), are
intended to ensure that aeronautical
products comply with the applicable
airworthiness standards. But ADs are
issued when, notwithstanding those
procedures, we become aware of unsafe
conditions in these products or parts.
Therefore, an AD takes precedence over
design approvals when we identify an
unsafe condition, and mandating
installation of a certain part number in
an AD is not at variance with section
21.303.
The AD provides a means of
compliance for operators to ensure that
the identified unsafe condition is
addressed appropriately. For an unsafe
condition attributable to a part, the AD
normally identifies the replacement
parts necessary to obtain that
compliance. As stated in section 39.7 of
the Federal Aviation Regulations (14
CFR 39.7), ‘‘Anyone who operates a
product that does not meet the
requirements of an applicable
airworthiness directive is in violation of
this section.’’ Unless an operator obtains
approval for an AMOC, replacing a part
with one not specified by the AD would
make the operator subject to an
enforcement action and result in a civil
penalty. No change to the AD is
necessary in this regard.
Request To Address Defective PMA
Parts
MARPA notes that safety gaps may
occur because original equipment
manufacturer (OEM) parts determined
to be defective may have been replaced
with PMA parts that are also defective.
MARPA further states that frequently
design defects that arise in OEM parts
will also exist in PMA parts, since they
may actually only differ in part number,
while sharing the same design data.
Therefore MARPA requests that the
defective parts be identified by
manufacturer and part number in the
NPRM. MARPA also suggests wording
PO 00000
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52417
be added to the NPRM that would
‘‘embrace any present or future PMA
alternatives to either the defective part
or the ‘new and improved’ part.’’
From these statements, we infer that
MARPA would like the NPRM to be
revised to cover possible defective PMA
alternative parts, rather than just OEM
parts listed in the service bulletin, so
that those defective PMA parts also are
subject to the NPRM. We concur with
MARPA’s general request that, if we
know that an unsafe condition also
exists in PMA parts, the AD should
address those parts, as well as the
original parts. MARPA’s remarks are
timely in that the Transport Airplane
Directorate currently is in the process of
reviewing this issue as it applies to
transport category airplanes. We
acknowledge that there may be other
ways of addressing this issue to ensure
that unsafe PMA parts are identified and
addressed. Once we have thoroughly
examined all aspects of this issue,
including input from industry, and have
made a final determination, we will
consider whether our policy regarding
addressing PMA parts in ADs needs to
be revised. We consider that to delay
this AD action would be inappropriate,
since we have determined that an
unsafe condition exists and that
replacement of certain parts must be
accomplished to ensure continued
safety. Therefore, no change has been
made to the final rule in this regard.
Clarification of AMOC Paragraph
We have revised this action to clarify
the appropriate procedure for notifying
the principal inspector before using any
approved AMOC on any airplane to
which the AMOC applies.
Conclusion
We have carefully reviewed the
available data, including the comments
received, and determined that air safety
and the public interest require adopting
the AD with the change described
previously. We have determined that
this change will neither increase the
economic burden on any operator nor
increase the scope of the AD.
Costs of Compliance
This AD will affect about 43 airplanes
of U.S. registry. The required actions
will take about 2 work hours per
airplane, at an average labor rate of $65
per work hour. Required parts will cost
$654. Based on these figures, the
estimated cost of the AD for U.S.
operators is $33,712, or $784 per
airplane.
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52418
Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Rules and Regulations
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 this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
(3) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
See the ADDRESSES section for a location
to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
jlentini on PROD1PC65 with RULES
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
VerDate Aug<31>2005
16:42 Sep 05, 2006
Jkt 205001
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
2006–18–07 Empresa Brasileira De
Aeronautica S.A. (EMBRAER):
Amendment 39–14745. Docket No.
FAA–2005–22125; Directorate Identifier
2005–NM–130–AD.
Effective Date
(a) This AD becomes effective October 11,
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; as identified in EMBRAER Service
Bulletin 170–23–0005, dated December 29,
2004.
Unsafe Condition
(d) This AD results from a report of the loss
of all voice communications due to a
lightning strike damaging all the very high
frequency (VHF) antennas. We are issuing
this AD to prevent the loss of voice
communication, which, when combined with
the complexity of the national airspace
system, could result in reduced flightcrew
situational awareness, increased flightcrew
workload, and increased risk of human error,
and consequent reduced ability to maintain
safe flight and landing 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.
Modification
(f) Within 700 flight hours after the
effective date of this AD, replace the VHF
antenna located in position 1 of the fuselage
with a new, improved VHF antenna in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
170–23–0005, dated December 29, 2004.
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 14 CFR 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–
04–04, effective April 30, 2005, also
addresses the subject of this AD.
PO 00000
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Material Incorporated by Reference
(i) You must use EMBRAER Service
Bulletin 170–23–0005, dated December 29,
2004, to perform the actions that are required
by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of this document in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343—CEP 12.225,
Sao Jose dos Campos—SP, Brazil, for a copy
of this service information. You may review
copies at the Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to
https://www.archives.gov/federal_register/
code_of_federal_regulations/
ibr_locations.html.
Issued in Renton, Washington, on August
23, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E6–14637 Filed 9–5–06; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–25721; Directorate
Identifier 2006–NM–132–AD; Amendment
39–14748; AD 2006–18–09]
RIN 2120–AA64
Airworthiness Directives; BAE
Systems (Operations) Limited Model
ATP Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for
comments.
AGENCY:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which applies to all BAe Systems
(Operations) Limited Model ATP
airplanes. That AD currently requires
revising the Airworthiness Limitations
Section (ALS) of the Instructions for
Continued Airworthiness (ICA) to
incorporate life limits for certain items
and inspections to detect fatigue
cracking in certain structures; to
incorporate new inspections to detect
fatigue cracking of certain significant
structural items (SSIs); and to revise life
limits for certain equipment and various
components. This new AD requires
E:\FR\FM\06SER1.SGM
06SER1
]]>Agencies
[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Rules and Regulations]
[Pages 52416-52418]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14637]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22125; Directorate Identifier 2005-NM-130-AD;
Amendment 39-14745; AD 2006-18-07]
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain EMBRAER Model ERJ 170 airplanes. This AD requires replacing the
very high frequency (VHF) antenna located in position 1 of the fuselage
with a new, improved VHF antenna. This AD results from a report of the
loss of all voice communications due to a lightning strike damaging all
the VHF antennas. We are issuing this AD to prevent the loss of voice
communication, which, when combined with the complexity of the national
airspace system, could result in reduced flightcrew situational
awareness, increased flightcrew workload, and increased risk of human
error, and consequent reduced ability to maintain safe flight and
landing of the airplane.
DATES: This AD becomes effective October 11, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of October 11,
2006.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the Docket Management Facility, U.S.
Department of Transportation, 400 Seventh Street, SW., Nassif Building,
Room PL-401, Washington, DC.
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, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to certain EMBRAER Model
ERJ 170 airplanes. That NPRM was published in the Federal Register on
August 18, 2005 (70 FR 48500). That NPRM proposed to require replacing
the very high frequency (VHF) antenna located in position 1 of the
fuselage with a new, improved VHF antenna.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the comments that have been
received on the NPRM.
Request for All Very High Frequency (VHF) Antennas To Be Replaced
Air Line Pilots Association (ALPA) requests that all of the VHF
antennas on the subject airplanes be replaced with the new, improved
antennas. ALPA suggests that, for redundancy purposes, all of the VHF
antennas should be replaced because ``all'' of the VHF antennas were
damaged in the event that precipitated the AD.
We do not agree to require replacement of all the VHF
communications antennas. Section 25.1316(b) of the Federal Aviation
Regulations (FARs) (14 CFR 25.1316) requires that a major aircraft
system that, if it failed, would contribute to or cause a condition
that would reduce the capability of the airplane or flightcrew to cope
with adverse operating conditions must be designed to be able to
recover in a timely manner after exposure to lightning. In the incident
precipitating this AD, the VHF communications system failed because
none of the VHF antennas were able to recover. The newly designed
replacement antenna required by this
[[Page 52417]]
AD has been through considerable testing and we find that sufficient
data exist to demonstrate that it meets the requirements of section
25.1316(b) and will be able to recover function of the VHF
communications system following a lightning strike. Therefore,
replacing the position 1 VHF communications antenna with the new
antenna instead of replacing all of the VHF antennas is sufficient to
ensure system recovery in the event of a lightning strike and will
adequately address the unsafe condition addressed by this AD. However,
operators are free to replace the position 2 and 3 VHF communications
antennas with the newly designed antenna at their discretion. We have
not changed the AD in this regard.
Request for Review of the Subject Airplane's Ability To Handle
Lightning Strikes
ALPA also requests that the FAA look into the subject airplane's
ability to adequately and safely handle lightning strikes and static
discharges. ALPA gives no justification for this request.
We do not agree. This airplane model design was certificated to the
airworthiness standards for lightning protection provided in part 25 of
the FARs (14 CFR part 25). The purpose of these standards is to ensure
that the operation of the airplane is not adversely affected when the
airplane is exposed to lightning. Beyond the event that is the subject
of this AD, we are unaware of any other instances of this model
airplane being adversely affected by exposure to lightning. We have
made no change to the AD in this regard.
Request To Reference Parts Manufacturer Approval (PMA) Parts
Modification and Replacement Parts Association (MARPA) requests
that the language in the NPRM be changed to permit installation of PMA
equivalent parts. The commenter states that the mandated installation
of a certain part number in the NPRM ``creates a conflict with 14 CFR
Section 21.303.''
We do not agree with MARPA's request. We infer that MARPA would
like the AD to specify the manufacturer and part number in order to
permit installation of any equivalent PMA parts. We also infer that
MARPA believes that it is not necessary for an operator to request
approval of an alternate method of compliance (AMOC) in order to
install an ``equivalent'' PMA part. Whether an alternative part is
``equivalent'' in adequately resolving the unsafe condition can only be
determined on a case-by-case basis based on a complete understanding of
the unsafe condition. We are not currently aware of any such parts. Our
policy is that, in order for operators to replace a part with one that
is not specified in the AD, they must request an AMOC. This is
necessary so that we can make a specific determination that an
alternative part is or is not susceptible to the same unsafe condition.
In response to MARPA's statement regarding a ``conflict with FAR
21.303,'' under which the FAA issues PMAs, this statement appears to
reflect a misunderstanding of the relationship between ADs and the
certification procedural regulations of part 21 of the Federal Aviation
Regulations (14 CFR part 21). Those regulations, including section
21.303 of the Federal Aviation Regulations (14 CFR 21.203), are
intended to ensure that aeronautical products comply with the
applicable airworthiness standards. But ADs are issued when,
notwithstanding those procedures, we become aware of unsafe conditions
in these products or parts. Therefore, an AD takes precedence over
design approvals when we identify an unsafe condition, and mandating
installation of a certain part number in an AD is not at variance with
section 21.303.
The AD provides a means of compliance for operators to ensure that
the identified unsafe condition is addressed appropriately. For an
unsafe condition attributable to a part, the AD normally identifies the
replacement parts necessary to obtain that compliance. As stated in
section 39.7 of the Federal Aviation Regulations (14 CFR 39.7),
``Anyone who operates a product that does not meet the requirements of
an applicable airworthiness directive is in violation of this
section.'' Unless an operator obtains approval for an AMOC, replacing a
part with one not specified by the AD would make the operator subject
to an enforcement action and result in a civil penalty. No change to
the AD is necessary in this regard.
Request To Address Defective PMA Parts
MARPA notes that safety gaps may occur because original equipment
manufacturer (OEM) parts determined to be defective may have been
replaced with PMA parts that are also defective. MARPA further states
that frequently design defects that arise in OEM parts will also exist
in PMA parts, since they may actually only differ in part number, while
sharing the same design data. Therefore MARPA requests that the
defective parts be identified by manufacturer and part number in the
NPRM. MARPA also suggests wording be added to the NPRM that would
``embrace any present or future PMA alternatives to either the
defective part or the `new and improved' part.''
From these statements, we infer that MARPA would like the NPRM to
be revised to cover possible defective PMA alternative parts, rather
than just OEM parts listed in the service bulletin, so that those
defective PMA parts also are subject to the NPRM. We concur with
MARPA's general request that, if we know that an unsafe condition also
exists in PMA parts, the AD should address those parts, as well as the
original parts. MARPA's remarks are timely in that the Transport
Airplane Directorate currently is in the process of reviewing this
issue as it applies to transport category airplanes. We acknowledge
that there may be other ways of addressing this issue to ensure that
unsafe PMA parts are identified and addressed. Once we have thoroughly
examined all aspects of this issue, including input from industry, and
have made a final determination, we will consider whether our policy
regarding addressing PMA parts in ADs needs to be revised. We consider
that to delay this AD action would be inappropriate, since we have
determined that an unsafe condition exists and that replacement of
certain parts must be accomplished to ensure continued safety.
Therefore, no change has been made to the final rule in this regard.
Clarification of AMOC Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
Conclusion
We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the change described previously.
We have determined that this change will neither increase the economic
burden on any operator nor increase the scope of the AD.
Costs of Compliance
This AD will affect about 43 airplanes of U.S. registry. The
required actions will take about 2 work hours per airplane, at an
average labor rate of $65 per work hour. Required parts will cost $654.
Based on these figures, the estimated cost of the AD for U.S. operators
is $33,712, or $784 per airplane.
[[Page 52418]]
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 this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866;
(2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-18-07 Empresa Brasileira De Aeronautica S.A. (EMBRAER):
Amendment 39-14745. Docket No. FAA-2005-22125; Directorate
Identifier 2005-NM-130-AD.
Effective Date
(a) This AD becomes effective October 11, 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; as
identified in EMBRAER Service Bulletin 170-23-0005, dated December
29, 2004.
Unsafe Condition
(d) This AD results from a report of the loss of all voice
communications due to a lightning strike damaging all the very high
frequency (VHF) antennas. We are issuing this AD to prevent the loss
of voice communication, which, when combined with the complexity of
the national airspace system, could result in reduced flightcrew
situational awareness, increased flightcrew workload, and increased
risk of human error, and consequent reduced ability to maintain safe
flight and landing 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.
Modification
(f) Within 700 flight hours after the effective date of this AD,
replace the VHF antenna located in position 1 of the fuselage with a
new, improved VHF antenna in accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin 170-23-0005, dated December
29, 2004.
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 14 CFR
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 2005-04-04, effective
April 30, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 170-23-0005, dated
December 29, 2004, to perform the actions that are required by this
AD, unless the AD specifies otherwise. The Director of the Federal
Register approved the incorporation by reference of this document in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225,
Sao Jose dos Campos--SP, Brazil, for a copy of this service
information. You may review copies at the Docket Management
Facility, U.S. Department of Transportation, 400 Seventh Street,
SW., Room PL-401, Nassif Building, Washington, DC; on the Internet
at https://dms.dot.gov; or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at the NARA, call (202) 741-6030, or go to https://
www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.
Issued in Renton, Washington, on August 23, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-14637 Filed 9-5-06; 8:45 am]
BILLING CODE 4910-13-P
