[Federal Register: August 18, 2005 (Volume 70, Number 159)]
[Proposed Rules]
[Page 48500-48502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au05-8]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22125; Directorate Identifier 2005-NM-130-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).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain EMBRAER Model ERJ 170 airplanes. This proposed AD would
require replacing the very high frequency (VHF) antenna located in
position 1 of the fuselage with a new, improved VHF antenna. This
proposed AD results from a report of the loss of all voice
communications due to a lightning strike damaging all the VHF antennas.
We are proposing 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: We must receive comments on this proposed AD by September 19,
2005.
ADDRESSES: Use one of the following addresses to submit comments on
this proposed AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility, U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil for service
information identified in this proposed AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Include the docket number ``FAA-
2005-22125; Directorate Identifier 2005-NM-130-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 http://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 http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
Discussion
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
all EMBRAER Model ERJ 170 airplanes. The DAC advises that there was a
report of the loss of all voice communications due to a lightning
strike that damaged
[[Page 48501]]
all the aircraft radio very high frequency (VHF) antennas. A new, more
robust VHF antenna has been developed to prevent loss of communication
during lightning strikes. Combined with the complexity of the national
airspace system, loss of voice communication, if not corrected, 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.
Relevant Service Information
EMBRAER has issued Service Bulletin 170-23-0005, dated December 29,
2004. The service bulletin describes procedures for replacing the VHF
antenna located in position 1 of the fuselage with a new, improved VHF
antenna. Accomplishing the actions specified in the service information
is intended to adequately address the unsafe condition. The DAC
mandated the service information and issued Brazilian airworthiness
directive 2005-04-04, dated April 30, 2005, to ensure the continued
airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of the Proposed AD
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. We have examined the DAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require
accomplishing the actions specified in the service information
described previously except as discussed under ``Difference Between
Proposed AD and Foreign AD.''
Difference Between Proposed AD and Foreign AD
Brazilian airworthiness directive 2005-04-04, dated April 30, 2005,
is applicable to ``all EMBRAER ERJ-170( ) aircraft models in
operation.'' However, this does not agree with EMBRAER Service Bulletin
170-23-0005, dated December 29, 2004, which states that only certain
EMBRAER Model ERJ 170 airplanes are affected and identifies them by
serial number. This proposed AD would be applicable only to the
airplanes identified in the service bulletin. This difference has been
coordinated with the DAC.
Costs of Compliance
This proposed AD would affect about 43 airplanes of U.S. registry.
The proposed actions would take about 2 work hours per airplane, at an
average labor rate of $65 per work hour. Required parts would cost
$654. Based on these figures, the estimated cost of the proposed AD for
U.S. operators is $33,712, or $784 per airplane.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-22125; Directorate Identifier 2005-NM-130-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by September
19, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model ERJ 170-100LR, -100 STD, -
100SE, 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 has issued Service Bulletin 170-23-0005,
dated December 29, 2004.
Alternative Methods of Compliance (AMOCs)
(g) The Manager, International Branch, ANM-116, Transport
Airplane Directorate,
[[Page 48502]]
FAA, has the authority to approve AMOCs for this AD, if requested in
accordance with the procedures found in 14 CFR 39.19.
Related Information
(h) Brazilian airworthiness directive 2005-04-04, dated April
30, 2005, also addresses the subject of this AD.
Issued in Renton, Washington, on August 9, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-16362 Filed 8-17-05; 8:45 am]
BILLING CODE 4910-13-P