[Federal Register: March 8, 2005 (Volume 70, Number 44)]
[Proposed Rules]
[Page 11172-11174]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr05-22]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-20501; Directorate Identifier 2004-NM-251-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Series 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 all EMBRAER Model ERJ 170 series airplanes. This proposed AD would
require inspecting the engine fire handles of the overhead panel in the
cockpit, and replacing the engine fire handles if necessary. This
proposed AD is prompted by reports of failure of the internal circuit
of the engine fire handles of the overhead panel in the cockpit. We are
proposing this AD to prevent failure of the internal circuit of the
engine fire handles, which could result in failure of the fuel shut-off
valves to close and failure of the fire extinguishing agent to
discharge in the event of an engine fire.
DATES: We must receive comments on this proposed AD by April 7, 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.
By 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.
For service information identified in this proposed AD, contact
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
You can examine the contents of this 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., room PL-401,
on the plaza level of the Nassif Building, Washington, DC. This docket
number is FAA-2005-20501; the directorate identifier for this docket is
2004-NM-251-AD.
FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1503; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2005-20501;
Directorate Identifier 2004-NM-251-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 submitted 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 our
docket 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 can
[[Page 11173]]
review the DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov
.
Examining the Docket
You can 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 DMS 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 series airplanes. The DAC advises that the
internal circuit of the engine fire handles of the overhead panel in
the cockpit failed due to a design error of the flex circuit
subassembly that was introduced with the engine fire handles. This
condition, if not corrected, could result in failure of the fuel shut-
off valves to close and failure of the fire extinguishing agent to
discharge in the event of an engine fire.
Relevant Service Information
EMBRAER has issued Service Bulletin 170-26-0001, Revision 02, dated
January 11, 2005. The service bulletin describes procedures for
inspecting the engine fire handles of the overhead panel in the cockpit
to determine the part number (P/N) installed, and replacing the engine
fire handles with new ones if necessary. 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 2004-10-02, dated October 30,
2004, 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 products 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.
Costs of Compliance
This proposed AD would affect about 24 airplanes of U.S. registry.
The proposed inspection would take 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 proposed AD for U.S. operators is $1,560, or $65
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. 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 FAA amends Sec. 39.13 by adding the following new
airworthiness directive (AD):
Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-20501; Directorate Identifier 2004-NM-251-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on
this AD action by April 7, 2005.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170 series
airplanes, certificated in any category.
Unsafe Condition
(d) This AD was prompted by reports of failure of the internal
circuit of the engine fire handles of the overhead panel in the
cockpit. We are issuing this AD to prevent failure of the internal
circuit of the engine fire handles, which could result in failure of
the fuel shut-off valves to close and failure of the fire
extinguishing agent to discharge in the event of an engine fire.
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
(f) Within 600 flight hours or 180 days after the effective date
of this AD, whichever occurs first, inspect the engine fire handles
of the overhead panel in the cockpit to determine the part number
(P/N) installed, in accordance with the Accomplishment Instructions
of EMBRAER Service Bulletin 170-26-0001, Revision 02, dated January
11, 2005.
[[Page 11174]]
(1) If only engine fire handles having P/N 1-7054-1 (left-hand
side) and P/N 2-7054-1 (right-hand side) are found installed, no
further action is required by this paragraph.
(2) If any engine fire handle having P/N 1-7054-2 (left-hand
side) or P/N 2-7054-2 (right-hand side) is found installed, before
further flight, replace the engine fire handle with a new engine
fire handle having P/N 1-7054-1 (left-hand side) or P/N 2-7054-1
(right-hand side), as applicable, in accordance with the
Accomplishment Instructions of the service bulletin.
(g) Applicable actions done before the effective date of this AD
in accordance with EMBRAER Service Bulletin 170-26-0001, dated
October 6, 2004; or Revision 01, dated November 3, 2004; are
acceptable for compliance with the corresponding requirements of
paragraph (f) of this AD.
Parts Installation
(h) As of the effective date of this AD, no person may install a
engine fire handle having P/N 1-7054-2 (left-hand side) or P/N 2-
7054-2 (right-hand side), on any airplane.
Alternative Methods of Compliance (AMOCs)
(i) 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.
Related Information
(j) Brazilian airworthiness directive 2004-10-02, dated October
30, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on February 28, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 05-4409 Filed 3-7-05; 8:45 am]
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