[Federal Register: November 14, 2005 (Volume 70, Number 218)]
[Rules and Regulations]
[Page 69075-69077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no05-17]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22910; Directorate Identifier 2005-NM-208-AD;
Amendment 39-14372; AD 2005-23-14]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170
airplanes. This AD requires repetitively replacing the low-stage check
valve and associated seals of the right-hand engine bleed system. 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 November 29, 2005.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of November 29,
2005.
We must receive comments on this AD by January 13, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this 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,
[[Page 69076]]
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service
information identified in this AD.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170
airplanes. The DAC advises that there was an occurrence of an engine
that shut down during flight. A low-stage check valve of the engine
bleed system failed to close due to excessive wear. This condition, if
not corrected, could result in an engine shutting down during flight.
Relevant Service Information
EMBRAER has issued Alert Service Bulletin 170-36-A004, dated
September 28, 2005. The alert service bulletin describes procedures for
repetitively replacing the low-stage check valve and associated seals
of the engine bleed system on the right-hand engine with a new check
valve and new seals. The alert service bulletin also describes
procedures to send the removed check valve to the manufacturer. The DAC
mandated the alert service bulletin and issued Brazilian emergency
airworthiness directive 2005-09-03, dated September 29, 2005, to ensure
the continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of This AD
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. We have examined the DAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States.
Therefore, we are issuing this AD to prevent failure of the low-
stage check valve, which could result in an engine shutting down during
flight. This AD requires accomplishing the actions specified in the
service information described previously, except as described below in
``Difference Between this AD and the Alert Service Bulletin.''
The manufacturer is developing further action on the check valves
and the supply of check valves. Further action may involve action on
the left-hand engine's check valve. We may consider further rulemaking
to require actions on the left-hand engine in addition to the actions
required for the right-hand engine.
Clarification of AD and Brazilian Airworthiness Directive Requirements
The FAA recognizes that the unsafe condition could occur on both
engines. Based on the most recent parts supply information from the
manufacturer, there are not enough replacement check valves available
to mandate actions on both engines without grounding airplanes for an
indeterminate amount of time. However, there are enough check valves
available to require action on one engine, which would reduce the
possibility that both engines could have a failed check valve during a
flight. We have considered the risks of a one-engine failure in
comparison to a dual-engine failure, and the efforts by the
manufacturer to produce more replacement parts. Based on this
assessment, we have determined that modifying one engine reduces the
risk of a dual-engine failure to the level that such action is
sufficient at this time to produce an acceptable level of safety.
Difference Between This AD and the Alert Service Bulletin
Operators should note that, although the Accomplishment
Instructions of the referenced alert service bulletin describes
procedures for sending removed check valves to the manufacturer, this
AD does not require that action.
Interim Action
This is considered to be interim action until final action is
identified, at which time the FAA may consider further rulemaking.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD; therefore, providing notice and opportunity for public comment
before the AD is issued is impracticable, and good cause exists to make
this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2005-
22910; Directorate Identifier 2005-NM-208-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
We will post all comments we receive, without change, to 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 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.
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
[[Page 69077]]
air commerce by prescribing regulations for practices, methods, and
procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it addresses an unsafe condition that is likely to exist or develop on
products identified in this rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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):
2005-23-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14372. Docket No. FAA-2005-22910; Directorate
Identifier 2005-NM-208-AD.
Effective Date
(a) This AD becomes effective November 29, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100LR, -100
STD, -100SE, and -100 SU 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.
Replacement
(f) Within 100 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 right-hand 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. Repeat the replacement thereafter at intervals
not to exceed 3,000 flight hours.
Parts Installation
(g) As of the effective date of this AD, no engine may be
installed in the right-hand 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.
Alternative Methods of Compliance (AMOCs)
(i)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(j) Brazilian emergency airworthiness directive 2005-09-03,
dated September 29, 2005, also addresses the subject of this AD.
Material Incorporated by Reference
(k) You must use EMBRAER Alert Service Bulletin 170-36-A004,
dated September 28, 2005, 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
http://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 http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
Issued in Renton, Washington, on November 2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-22442 Filed 11-10-05; 8:45 am]
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