[Federal Register: December 14, 2005 (Volume 70, Number 239)]
[Rules and Regulations]
[Page 73921-73923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de05-3]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-22561; Directorate Identifier 2005-NM-136-AD;
Amendment 39-14409; AD 2005-25-16]
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.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain EMBRAER Model ERJ 170 airplanes. This AD requires doing a
general visual inspection of the passenger seat track attachments to
determine if the attachment rod is installed and to check the torque
value of the attachment bolts, and doing any corrective actions if
necessary. This AD results from the finding of missing rods, which
attach the passenger seat tracks to the airplane structure to absorb
loads. We are issuing this AD to detect and correct missing attachment
rods, which could result in reducing the ability of the seat to
withstand a hard landing or rejected takeoff and possible injury to
passengers.
DATES: This AD becomes effective January 18, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of January 18,
2006.
ADDRESSES: You may examine the AD docket on the Internet at http://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 98055-4056; 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 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 street address stated in the ADDRESSES section.
[[Page 73922]]
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
September 19, 2005 (70 FR 57215). That NPRM proposed to require doing a
general visual inspection of the passenger seat track attachments to
determine if the attachment rod is installed and to check the torque
value of the attachment bolts, and doing any corrective actions if
necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We received no comments on the NPRM or on the
determination of the cost to the public.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed.
Costs of Compliance
This AD affects about 43 airplanes of U.S. registry. The inspection
takes about 1 work hour per airplane, at an average labor rate of $65
per work hour. Based on these figures, the estimated cost of the AD for
U.S. operators is $2,795, or $65 per airplane.
The modification, if necessary, takes about 2 work hours per
airplane, at an average labor rate of $65 per work hour. Required parts
are about $860 per airplane. Based on these figures, the estimated cost
of the modification is $990 per airplane, if necessary.
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):
2005-25-16 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14409. Docket No. FAA-2005-22561; Directorate
Identifier 2005-NM-136-AD.
Effective Date
(a) This AD becomes effective January 18, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU airplanes, certificated in any category; having
serial numbers 17000007 through 17000013 inclusive, 17000015,
17000016, and 17000018 through 17000043 inclusive.
Unsafe Condition
(d) This AD results from the finding of missing rods, which
attach the passenger seat tracks to the airplane structure to absorb
loads. We are issuing this AD to detect and correct missing
attachment rods, which could result in reducing the ability of the
seat to withstand a hard landing or rejected takeoff and possible
injury to passengers.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Inspection and Modification if Necessary
(f) Within 700 flight hours after the effective date of this AD,
do a general visual inspection of the passenger seat track
attachments to determine if the attachment rod is installed and to
check the torque value of the attachment bolts, and do any
applicable corrective actions, by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
EMBRAER Service Bulletin 170-53-0010, dated January 12, 2005. Do any
applicable corrective actions before further flight.
Note 1: For the purposes of this AD, a general visual inspection
is: ``A visual examination of an interior or exterior area,
installation, or assembly to detect obvious damage, failure, or
irregularity. This level of inspection is made from within touching
distance unless otherwise specified. A mirror may be necessary to
ensure visual access to all surfaces in the inspection area. This
level of inspection is made under normally available lighting
conditions such as daylight, hangar lighting, flashlight, or
droplight and may require removal or opening of access panels or
doors. Stands, ladders, or platforms may be required to gain
proximity to the area being checked.''
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
(2) Before using any AMOC approved in accordance with 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.
Material Incorporated by Reference
(h) You must use EMBRAER Service Bulletin 170-53-0010, dated
January 12, 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
[[Page 73923]]
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 December 2, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-23903 Filed 12-13-05; 8:45 am]
BILLING CODE 4910-13-P