Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes, 44734-44737 [E7-15412]
Download as PDF
<![CDATA[
44734
Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations
Material Incorporated by Reference
(h) You must use the applicable service
information specified in Table 2 of this AD
to do the actions required by this AD, unless
the AD specifies otherwise. If you
accomplish the optional terminating
modification specified in this AD, you must
use the applicable service information
specified in Table 3 of this AD.
TABLE 2.—REQUIRED MATERIAL INCORPORATED BY REFERENCE
Airbus Service Bulletin
Revision
A330–57–3081, including Appendix 01 ......................................................................................................
A340–57–4089, including Appendix 01 ......................................................................................................
TABLE 3.—OPTIONAL MATERIAL
INCORPORATED BY REFERENCE
Airbus Service Bulletin
Date
A330–57–3090 .................
A340–57–4098 .................
March 27, 2006.
March 27, 2006.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Airbus, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex,
France.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington; or at 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/cfr/ibrlocations.html.
Issued in Renton, Washington, on July 24,
2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E7–14866 Filed 8–8–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28094; Directorate
Identifier 2006–NM–258–AD; Amendment
39–15148; AD 2007–16–09]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
and Model ERJ 190 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
jlentini on PROD1PC65 with RULES
Examining the Docket
The FAA is superseding an
existing airworthiness directive (AD),
which applies to all EMBRAER Model
ERJ 170–100 LR, –100 STD, –100 SE,
and –100 SU airplanes. That AD
currently requires repetitively replacing
SUMMARY:
VerDate Aug<31>2005
17:01 Aug 08, 2007
Jkt 211001
the low-stage check valve and
associated seals of the right-hand engine
bleed system. This new AD adds new
airplanes to that existing requirement.
For all airplanes, this AD also requires
repetitively replacing the low-stage
check valve and associated seals of the
left-hand engine bleed system with a
new check valve and new seals. This
AD results from a report that an engine
shut down during flight due to the
failure of the low-stage check valve to
close. We are issuing this AD to prevent
failure of the low-stage check valve,
which could result in an engine shutting
down during flight.
DATES: This AD becomes effective
September 13, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of September 13, 2007.
On November 29, 2005 (70 FR 69075,
November 14, 2005), the Director of the
Federal Register approved the
incorporation by reference of a certain
service bulletin.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., 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, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
You may examine the AD docket on
the Internet at https://dms.dot.gov or in
person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The Docket Operations office (telephone
(800) 647–5527) is located on the
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Date
02
02
January 24, 2006.
January 24, 2006.
ground floor of the West Building at the
DOT 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
supersedes AD 2005–23–14, amendment
39–14372 (70 FR 69075, November 14,
2005). The existing AD applies to all
EMBRAER Model ERJ 170–100 LR, –100
STD, –100 SE, and –100 SU airplanes.
That NPRM was published in the
Federal Register on May 8, 2007 (72 FR
26008). That NPRM proposed to
continue to require repetitively
replacing the low-stage check valve and
associated seals of the right-hand (RH)
engine bleed system. That NPRM also
proposed to add new airplanes to that
existing requirement. For all airplanes,
that NPRM also proposed to require
repetitively replacing the low-stage
check valve and associated seals of the
left-hand (LH) engine bleed system with
a new check valve and new seals.
Comments
We provided the public the
opportunity to participate in the
development of this AD. No comments
have been received on the NPRM or on
the determination of the cost to the
public.
Changes to This AD
We have reviewed Revision 01 of
EMBRAER Service Bulletin 190–36–
0004, dated November 14, 2006, and
have determined that the
accomplishment instructions of
Revision 01 are the same as those in the
original issue of the service bulletin. In
the NPRM, we referred to the original
issue of EMBRAER Service Bulletin
190–36–0004, dated October 18, 2006,
as the appropriate source of service
information for replacing the low-stage
check valves and associated seals of the
RH and LH engine bleed system, on
Model ERJ 190–100 STD, –100 LR, and
–100 IGW airplanes. Therefore, we have
revised paragraphs (j) and (k) of this AD
to also refer to Revision 01 of EMBRAER
Service Bulletin 190–36–0004, dated
November 14, 2006, as an appropriate
source of service information. We have
E:\FR\FM\09AUR1.SGM
09AUR1
Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations
also revised paragraph (n) of this AD to
specify that this AD does not require
sending to the manufacturer any check
valve removed in accordance with
Revision 01 of EMBRAER Service
Bulletin 190–36–0004.
Conclusion
We have carefully reviewed the
available data and determined that air
safety and the public interest require
adopting the AD with the changes
described previously. We have
determined that these changes will
neither increase the economic burden
on any operator nor increase the scope
of the AD.
Interim Action
This AD is considered to be interim
action. The manufacturer has advised
that it currently is developing a
modification that will address the
unsafe condition addressed by this AD.
44735
Once this modification is approved we
might consider additional rulemaking.
Costs of Compliance
The following table provides the
estimated costs, at an average labor rate
of $80 per work hour, for U.S. operators
to comply with this AD. The parts
manufacturer states that it will supply
required parts to operators at no cost.
ESTIMATED COSTS
Cost per airplane
Number of
U.S.-registered
airplanes
3
$240, per replacement
cycle.
55
$13,200, per replacement
cycle.
3
$240, per replacement
cycle.
75
$18,000, per replacement
cycle.
3
$240, per replacement
cycle.
$240, per replacement
cycle.
23
$5,520, per replacement
cycle.
$5,520, per replacement
cycle.
Action
Work hours
Replacement of RH check valves on Model ERJ
170–100 LR, –100 STD, –100 SE, and –100 SU
airplanes (required by AD 2005–23–14).
Replacement of LH check valves on Model ERJ
170–100 LR, –100 STD, –100 SE, –100 SU, –200
LR, –200 STD, and –200 SU airplanes (new action).
Replacement of RH check valves on Model ERJ 190
airplanes (new action).
Replacement of LH check valves on Model ERJ 190
airplanes (new action).
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.
jlentini on PROD1PC65 with RULES
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:
VerDate Aug<31>2005
17:01 Aug 08, 2007
Jkt 211001
3
(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:
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.
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14372 (70
FR 69075, November 14, 2005) and by
I
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
23
Fleet cost
adding the following new airworthiness
directive (AD):
2007–16–09 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–15148. Docket No.
FAA–2007–28094; Directorate Identifier
2006–NM–258–AD.
Effective Date
(a) This AD becomes effective September
13, 2007.
Affected ADs
(b) This AD supersedes AD 2005–23–14.
Applicability
(c) This AD applies to all EMBRAER Model
ERJ 170–100 LR, –100 STD, –100 SE, –100
SU, –200 LR, –200 STD, and –200 SU
airplanes; and Model ERJ 190–100 STD, –100
LR, and –100 IGW airplanes; certificated in
any category.
Unsafe Condition
(d) This AD results from a report that an
engine shut down during flight due to the
failure of the low-stage check valve to close.
We are issuing this AD to prevent failure of
the low-stage check valve, which could result
in an engine shutting down during flight.
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.
E:\FR\FM\09AUR1.SGM
09AUR1
44736
Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations
Restatement of Requirements of AD 2005–
23–14
Replacement for Right-Hand (RH) Engine on
Model ERJ 170–100 LR, –100 STD, –100 SE,
and –100 SU Airplanes With New Service
Bulletin
(f) For Model ERJ 170–100 LR, –100 STD,
–100 SE, and –100 SU airplanes: Within 100
flight hours after November 29, 2005 (the
effective date of AD 2005–23–14), or prior to
the accumulation of 3,000 total flight hours,
whichever occurs later, replace the low-stage
check valve and associated seals of the RH
engine’s engine bleed system with a new
check valve and new seals, in accordance
with the Accomplishment Instructions of
EMBRAER Alert Service Bulletin 170–36–
A004, dated September 28, 2005; or
paragraph 3.C. of the Accomplishment
Instructions of EMBRAER Service Bulletin
170–36–0004, dated November 18, 2005.
Repeat the replacement thereafter at intervals
not to exceed 3,000 flight hours.
Parts Installation for RH Engine on Model
ERJ 170–100 LR, –100 STD, –100 SE, and
–100 SU Airplanes
(g) For Model ERJ 170–100 LR, –100 STD,
–100 SE, and –100 SU airplanes: As of
November 29, 2005, no engine may be
installed in the RH position unless the lowstage check valve has been replaced in
accordance with the actions required by
paragraph (f) of this AD.
Removed Check Valves
(h) Although EMBRAER Alert Service
Bulletin 170–36–A004, dated September 28,
2005, specifies to send removed check valves
to the manufacturer, this AD does not
include that requirement.
New Requirements of This AD
Replacement for Left-Hand (LH) Engine on
All Model ERJ 170 Airplanes
(i) For Model ERJ 170–100 LR, –100 STD,
–100 SE, –100 SU, –200 LR, –200 STD, and
–200 SU airplanes: Within 300 flight hours
after the effective date of this AD or prior to
the accumulation of 3,000 total flight hours,
whichever occurs later, replace the low-stage
check valve and associated seals of the LH
engine’s engine bleed system with a new
check valve and new seals, in accordance
with paragraph 3.B. of the Accomplishment
Instructions of EMBRAER Service Bulletin
170–36–0004, dated November 18, 2005.
Repeat the replacement thereafter at intervals
not to exceed 3,000 flight hours.
Replacement for RH Engine on Model ERJ
190 Airplanes
(j) For Model ERJ 190–100 STD, –100 LR,
and –100 IGW airplanes: Within 100 flight
hours after the effective date of this AD or
prior to the accumulation of 1,500 total flight
hours, whichever occurs later, replace the
low-stage check valve and associated seals of
the RH engine’s engine bleed system with a
new check valve and new seals, in
accordance with paragraph 3.C. of the
Accomplishment Instructions of EMBRAER
Service Bulletin 190–36–0004, dated October
18, 2006; or Revision 01, dated November 14,
2006. Repeat the replacement thereafter at
intervals not to exceed 1,500 flight hours.
date of this AD; no engine may be installed
in the RH position unless the low-stage check
valve has been replaced in accordance with
the actions required by paragraph (j) of this
AD; and no engine may be installed in the
LH position unless the low-stage check valve
has been replaced in accordance with the
actions required by paragraph (k) of this AD.
Removed Check Valves in Accordance With
New Service Bulletins
(n) Although EMBRAER Service Bulletin
170–36–0004, dated November 18, 2005;
EMBRAER Service Bulletin 190–36–0004,
dated October 18, 2006; and EMBRAER
Service Bulletin 190–36–0004, Revision 01,
dated November 14, 2006; specify to send
removed check valves to the manufacturer,
this AD does not include that requirement.
Alternative Methods of Compliance
(AMOCs)
Replacement for LH Engine on Model ERJ
190 Airplanes
(k) For Model ERJ 190–100 STD, –100 LR,
and –100 IGW airplanes: Within 600 flight
hours after the effective date of this AD or
prior to the accumulation of 1,500 total flight
hours, whichever occurs later, replace the
low-stage check valve and associated seals of
the LH engine’s engine bleed system with a
new check valve and new seals, in
accordance with paragraph 3.B. of the
Accomplishment Instructions of EMBRAER
Service Bulletin 190–36–0004, dated October
18, 2006; or Revision 01, dated November 14,
2006. Repeat the replacement thereafter at
intervals not to exceed 1,500 flight hours.
(o)(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) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Parts Installation for LH Engine on Model
ERJ 170 Airplanes
(l) For Model ERJ 170–100 LR, –100 STD,
–100 SE, –100 SU, –200 LR, –200 STD, and
–200 SU airplanes: As of the effective date of
this AD, no engine may be installed in the
LH position unless the low-stage check valve
has been replaced in accordance with the
actions required by paragraph (i) of this AD.
Related Information
Parts Installation for RH and LH Engine on
Model ERJ 190 Airplanes
(m) For Model ERJ 190–100 STD, –100 LR,
and –100 IGW airplanes: As of the effective
(p) Brazilian airworthiness directive 2005–
09–03R1, effective May 23, 2006; and
Brazilian airworthiness directive 2006–11–
01R1, effective March 21, 2007; also address
the subject of this AD.
Material Incorporated by Reference
(q) You must use the service information
identified in Table 1 of this AD, as
applicable, to perform the actions that are
required by this AD, unless the AD specifies
otherwise.
TABLE 1.—ALL MATERIAL INCORPORATED BY REFERENCE
Service Bulletin
EMBRAER
EMBRAER
EMBRAER
EMBRAER
Revision level
Alert Service Bulletin 170–36–A004 .............................................................................
Service Bulletin 170–36–0004 ......................................................................................
Service Bulletin 190–36–0004 ......................................................................................
Service Bulletin 190–36–0004 ......................................................................................
(1) The Director of the Federal Register
approved the incorporation by reference of
the documents identified in Table 2 of this
Date
Original ......................
Original ......................
Original ......................
01 ..............................
September 28, 2005.
November 18, 2005.
October 18, 2006.
November 14, 2006.
AD in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
jlentini on PROD1PC65 with RULES
TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE
Service Bulletin
Revision level
EMBRAER Service Bulletin 170–36–0004 ......................................................................................
EMBRAER Service Bulletin 190–36–0004 ......................................................................................
Original ......................
Original ......................
VerDate Aug<31>2005
17:01 Aug 08, 2007
Jkt 211001
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
E:\FR\FM\09AUR1.SGM
09AUR1
Date
November 18, 2005.
October 18, 2006.
44737
Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations
TABLE 2.—NEW MATERIAL INCORPORATED BY REFERENCE—Continued
Service Bulletin
Revision level
EMBRAER Service Bulletin 190–36–0004 ......................................................................................
01 ..............................
(2) On November 29, 2005 (70 FR 69075,
November 14, 2005), the Director of the
Federal Register approved the incorporation
by reference of EMBRAER Alert Service
Bulletin 170–36–A004, dated September 28,
2005.
(3) 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 FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at 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/cfr/ibrlocations.html.
cable, a new anchor block for the slide
raft packboard and a new folding
procedure. The MCAI states that several
operators have reported non-automatic
deployment of slide rafts during ground
operational testing. In all cases, the slide
raft released correctly from the door but
did not inflate automatically. Pulling
the manual backup handle correctly
inflated the slide raft. Investigation
conducted by the slide raft
manufacturer showed that nonautomatic deployments have two
potential root causes: non-opening of
the lacing; and stiffness and stiction
(static friction) on the painted inflatable
material. This situation, if not corrected,
could delay the evacuation of
passengers in case of an emergency. A
new design solution has been developed
to ensure the automatic slide raft
deployment, which consists of:
continuous ‘‘speed lacing’’ cord and
new soft covers with rounded grommets
(this modification ensures that the
lacing opens); and a new shorter firing
cable, a new anchor block for the slide
raft packboard and a new folding
procedure (this modification ensures
automatic deployment regardless of the
inflatable paint condition). Both
modifications together ensure the
automatic deployment function. The
MCAI requires accomplishment of the
set of modifications.
Issued in Renton, Washington, on July 30,
2007.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E7–15412 Filed 8–8–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–28036; Directorate
Identifier 2006–NM–278–AD; Amendment
39–15145; AD 2007–16–06]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A330–200 and A330–300 Series
Airplanes; and Model A340–200, A340–
300, A340–500, and A340–600 Series
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
issued by an airworthiness authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as failure of an evacuation
slide raft to inflate, which could delay
the evacuation of passengers in case of
an emergency. We are issuing this AD
VerDate Aug<31>2005
17:01 Aug 08, 2007
Jkt 211001
to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective
September 13, 2007.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of September 13, 2007.
ADDRESSES: You may examine the AD
docket on the Internet at https://
dms.dot.gov or in person at the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC.
FOR FURTHER INFORMATION CONTACT: Tim
Backman, Aerospace Engineer, ANM–
116, International Branch, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, Washington
98057–3356; telephone (425) 227–2797;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
The FAA is implementing a new
process for streamlining the issuance of
ADs related to MCAI. This streamlined
process will allow us to adopt MCAI
safety requirements in a more efficient
manner and will reduce safety risks to
the public. This process continues to
allow all FAA AD issuance processes to
meet legal, economic, Administrative
Procedure Act, and Federal Register
requirements. We also continue to meet
our technical decision-making
responsibilities to identify and correct
unsafe conditions on U.S.-certificated
products.
This AD references the MCAI and
related service information that we
considered in forming the engineering
basis to correct the unsafe condition.
The AD contains text copied from the
MCAI and for this reason might not
follow our plain language principles.
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on April 30, 2007 (72 FR
21164). That NPRM proposed to require
a set of modifications of the slide raft
assembly of each door and the slide raft,
as applicable, which consists of:
continuous ‘‘speed lacing’’ cord and
new soft covers with rounded
grommets; and a new shorter firing
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
Date
November 14, 2006.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Clarification of Applicability
We have revised the applicability of
this AD to match the MCAI and the
current FAA type certification data
sheet for the affected airplanes. The
revision clarifies the applicability and
does not add to or change the affected
airplanes.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
We determined that this change will not
increase the economic burden on any
operator or increase the scope of the AD.
E:\FR\FM\09AUR1.SGM
09AUR1
]]>Agencies
[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Rules and Regulations]
[Pages 44734-44737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15412]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28094; Directorate Identifier 2006-NM-258-AD;
Amendment 39-15148; AD 2007-16-09]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all EMBRAER Model ERJ 170-100 LR, -100 STD, -100
SE, and -100 SU airplanes. That AD currently requires repetitively
replacing the low-stage check valve and associated seals of the right-
hand engine bleed system. This new AD adds new airplanes to that
existing requirement. For all airplanes, this AD also requires
repetitively replacing the low-stage check valve and associated seals
of the left-hand engine bleed system with a new check valve and new
seals. This AD results from a report that an engine shut down during
flight due to the failure of the low-stage check valve to close. We are
issuing this AD to prevent failure of the low-stage check valve, which
could result in an engine shutting down during flight.
DATES: This AD becomes effective September 13, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 13,
2007.
On November 29, 2005 (70 FR 69075, November 14, 2005), the Director
of the Federal Register approved the incorporation by reference of a
certain service bulletin.
ADDRESSES: You may examine the AD docket on the Internet at https://
dms.dot.gov or in person at the U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., 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, FAA, Transport Airplane Directorate,
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 AD docket on the Internet at https://dms.dot.gov
or in person at the Docket Operations office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The Docket Operations
office (telephone (800) 647-5527) is located on the ground floor of the
West Building at the DOT 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 supersedes AD 2005-23-14, amendment
39-14372 (70 FR 69075, November 14, 2005). The existing AD applies to
all EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes. That NPRM was published in the Federal Register on May 8,
2007 (72 FR 26008). That NPRM proposed to continue to require
repetitively replacing the low-stage check valve and associated seals
of the right-hand (RH) engine bleed system. That NPRM also proposed to
add new airplanes to that existing requirement. For all airplanes, that
NPRM also proposed to require repetitively replacing the low-stage
check valve and associated seals of the left-hand (LH) engine bleed
system with a new check valve and new seals.
Comments
We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the NPRM or
on the determination of the cost to the public.
Changes to This AD
We have reviewed Revision 01 of EMBRAER Service Bulletin 190-36-
0004, dated November 14, 2006, and have determined that the
accomplishment instructions of Revision 01 are the same as those in the
original issue of the service bulletin. In the NPRM, we referred to the
original issue of EMBRAER Service Bulletin 190-36-0004, dated October
18, 2006, as the appropriate source of service information for
replacing the low-stage check valves and associated seals of the RH and
LH engine bleed system, on Model ERJ 190-100 STD, -100 LR, and -100 IGW
airplanes. Therefore, we have revised paragraphs (j) and (k) of this AD
to also refer to Revision 01 of EMBRAER Service Bulletin 190-36-0004,
dated November 14, 2006, as an appropriate source of service
information. We have
[[Page 44735]]
also revised paragraph (n) of this AD to specify that this AD does not
require sending to the manufacturer any check valve removed in
accordance with Revision 01 of EMBRAER Service Bulletin 190-36-0004.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD with the
changes described previously. We have determined that these changes
will neither increase the economic burden on any operator nor increase
the scope of the AD.
Interim Action
This AD is considered to be interim action. The manufacturer has
advised that it currently is developing a modification that will
address the unsafe condition addressed by this AD. Once this
modification is approved we might consider additional rulemaking.
Costs of Compliance
The following table provides the estimated costs, at an average
labor rate of $80 per work hour, for U.S. operators to comply with this
AD. The parts manufacturer states that it will supply required parts to
operators at no cost.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work hours Cost per airplane registered Fleet cost
airplanes
----------------------------------------------------------------------------------------------------------------
Replacement of RH check valves on 3 $240, per replacement 55 $13,200, per
Model ERJ 170-100 LR, -100 STD, - cycle. replacement cycle.
100 SE, and -100 SU airplanes
(required by AD 2005-23-14).
Replacement of LH check valves on 3 $240, per replacement 75 $18,000, per
Model ERJ 170-100 LR, -100 STD, - cycle. replacement cycle.
100 SE, -100 SU, -200 LR, -200
STD, and -200 SU airplanes (new
action).
Replacement of RH check valves on 3 $240, per replacement 23 $5,520, per
Model ERJ 190 airplanes (new cycle. replacement cycle.
action).
Replacement of LH check valves on 3 $240, per replacement 23 $5,520, per
Model ERJ 190 airplanes (new cycle. replacement cycle.
action).
----------------------------------------------------------------------------------------------------------------
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
removing amendment 39-14372 (70 FR 69075, November 14, 2005) and by
adding the following new airworthiness directive (AD):
2007-16-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15148. Docket No. FAA-2007-28094; Directorate
Identifier 2006-NM-258-AD.
Effective Date
(a) This AD becomes effective September 13, 2007.
Affected ADs
(b) This AD supersedes AD 2005-23-14.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and
Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; certificated
in any category.
Unsafe Condition
(d) This AD results from a report that an engine shut down
during flight due to the failure of the low-stage check valve to
close. We are issuing this AD to prevent failure of the low-stage
check valve, which could result in an engine shutting down during
flight.
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.
[[Page 44736]]
Restatement of Requirements of AD 2005-23-14
Replacement for Right-Hand (RH) Engine on Model ERJ 170-100 LR, -100
STD, -100 SE, and -100 SU Airplanes With New Service Bulletin
(f) For Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes: Within 100 flight hours after November 29, 2005 (the
effective date of AD 2005-23-14), or prior to the accumulation of
3,000 total flight hours, whichever occurs later, replace the low-
stage check valve and associated seals of the RH engine's engine
bleed system with a new check valve and new seals, in accordance
with the Accomplishment Instructions of EMBRAER Alert Service
Bulletin 170-36-A004, dated September 28, 2005; or paragraph 3.C. of
the Accomplishment Instructions of EMBRAER Service Bulletin 170-36-
0004, dated November 18, 2005. Repeat the replacement thereafter at
intervals not to exceed 3,000 flight hours.
Parts Installation for RH Engine on Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU Airplanes
(g) For Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes: As of November 29, 2005, no engine may be installed in
the RH position unless the low-stage check valve has been replaced
in accordance with the actions required by paragraph (f) of this AD.
Removed Check Valves
(h) Although EMBRAER Alert Service Bulletin 170-36-A004, dated
September 28, 2005, specifies to send removed check valves to the
manufacturer, this AD does not include that requirement.
New Requirements of This AD
Replacement for Left-Hand (LH) Engine on All Model ERJ 170 Airplanes
(i) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200
LR, -200 STD, and -200 SU airplanes: Within 300 flight hours after
the effective date of this AD or prior to the accumulation of 3,000
total flight hours, whichever occurs later, replace the low-stage
check valve and associated seals of the LH engine's engine bleed
system with a new check valve and new seals, in accordance with
paragraph 3.B. of the Accomplishment Instructions of EMBRAER Service
Bulletin 170-36-0004, dated November 18, 2005. Repeat the
replacement thereafter at intervals not to exceed 3,000 flight
hours.
Replacement for RH Engine on Model ERJ 190 Airplanes
(j) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes:
Within 100 flight hours after the effective date of this AD or prior
to the accumulation of 1,500 total flight hours, whichever occurs
later, replace the low-stage check valve and associated seals of the
RH engine's engine bleed system with a new check valve and new
seals, in accordance with paragraph 3.C. of the Accomplishment
Instructions of EMBRAER Service Bulletin 190-36-0004, dated October
18, 2006; or Revision 01, dated November 14, 2006. Repeat the
replacement thereafter at intervals not to exceed 1,500 flight
hours.
Replacement for LH Engine on Model ERJ 190 Airplanes
(k) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes:
Within 600 flight hours after the effective date of this AD or prior
to the accumulation of 1,500 total flight hours, whichever occurs
later, replace the low-stage check valve and associated seals of the
LH engine's engine bleed system with a new check valve and new
seals, in accordance with paragraph 3.B. of the Accomplishment
Instructions of EMBRAER Service Bulletin 190-36-0004, dated October
18, 2006; or Revision 01, dated November 14, 2006. Repeat the
replacement thereafter at intervals not to exceed 1,500 flight
hours.
Parts Installation for LH Engine on Model ERJ 170 Airplanes
(l) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200
LR, -200 STD, and -200 SU airplanes: As of the effective date of
this AD, no engine may be installed in the LH position unless the
low-stage check valve has been replaced in accordance with the
actions required by paragraph (i) of this AD.
Parts Installation for RH and LH Engine on Model ERJ 190 Airplanes
(m) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes:
As of the effective date of this AD; no engine may be installed in
the RH position unless the low-stage check valve has been replaced
in accordance with the actions required by paragraph (j) of this AD;
and no engine may be installed in the LH position unless the low-
stage check valve has been replaced in accordance with the actions
required by paragraph (k) of this AD.
Removed Check Valves in Accordance With New Service Bulletins
(n) Although EMBRAER Service Bulletin 170-36-0004, dated
November 18, 2005; EMBRAER Service Bulletin 190-36-0004, dated
October 18, 2006; and EMBRAER Service Bulletin 190-36-0004, Revision
01, dated November 14, 2006; specify to send removed check valves to
the manufacturer, this AD does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(o)(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) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(p) Brazilian airworthiness directive 2005-09-03R1, effective
May 23, 2006; and Brazilian airworthiness directive 2006-11-01R1,
effective March 21, 2007; also address the subject of this AD.
Material Incorporated by Reference
(q) You must use the service information identified in Table 1
of this AD, as applicable, to perform the actions that are required
by this AD, unless the AD specifies otherwise.
Table 1.--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Service Bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
EMBRAER Alert Service Bulletin 170-36- Original........................... September 28, 2005.
A004.
EMBRAER Service Bulletin 170-36-0004.. Original........................... November 18, 2005.
EMBRAER Service Bulletin 190-36-0004.. Original........................... October 18, 2006.
EMBRAER Service Bulletin 190-36-0004.. 01................................. November 14, 2006.
----------------------------------------------------------------------------------------------------------------
(1) The Director of the Federal Register approved the
incorporation by reference of the documents identified in Table 2 of
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Table 2.--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
Service Bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
EMBRAER Service Bulletin 170-36-0004.. Original........................... November 18, 2005.
EMBRAER Service Bulletin 190-36-0004.. Original........................... October 18, 2006.
[[Page 44737]]
EMBRAER Service Bulletin 190-36-0004.. 01................................. November 14, 2006.
----------------------------------------------------------------------------------------------------------------
(2) On November 29, 2005 (70 FR 69075, November 14, 2005), the
Director of the Federal Register approved the incorporation by
reference of EMBRAER Alert Service Bulletin 170-36-A004, dated
September 28, 2005.
(3) 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 FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at 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/cfr/ibr-locations.html.
Issued in Renton, Washington, on July 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-15412 Filed 8-8-07; 8:45 am]
BILLING CODE 4910-13-P
