[Federal Register: June 20, 2006 (Volume 71, Number 118)]
[Rules and Regulations]
[Page 35383-35385]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn06-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24523; Directorate Identifier 2006-NM-057-AD;
Amendment 39-14654; AD 2006-13-02]
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 inspecting
for excess sealant applied to the attachment bolts of the negative
pressure relief valve, and performing corrective actions if necessary.
This AD results from reports that excess sealant was applied to the
attachment bolts of the negative pressure relief valve, which
interfered with the valve's movable diaphragm. We are issuing this AD
to prevent incorrect operation of the negative pressure relief valve,
which could result in negative pressures that exceed the structural
strength limits of the airframe and lead to reduced structural
integrity of the airplane.
DATES: This AD becomes effective July 25, 2006.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in the AD as of July 25,
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.
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
April 21, 2006 (71 FR 20593). That NPRM proposed to require inspecting
for excess sealant applied to the attachment bolts of the negative
pressure relief valve, and performing corrective actions if necessary.
Comments
We provided the public the opportunity to participate in the
development of this AD. We received no
[[Page 35384]]
comments on the NPRM or on the determination of the cost to the public.
Clarification of Serial Number Range
To clarify the range of the serial numbers of the affected
airplanes we have added the word ``inclusive'' to the applicability of
the AD.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD with the
change described previously. We have determined that this change will
neither increase the economic burden on any operator nor increase the
scope of the AD.
Costs of Compliance
This AD will affect about 54 airplanes of U.S. registry. The
required actions will take about 1 work hour per airplane, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of this AD for U.S. operators is $4,320, or $80 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 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):
2006-13-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14654. Docket No. FAA-2006-24523; Directorate
Identifier 2006-NM-057-AD.
Effective Date
(a) This AD becomes effective July 25, 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 17000002 through 17000099 inclusive.
Unsafe Condition
(d) This AD results from reports that excess sealant was applied
to the attachment bolts of the negative pressure relief valve, which
interfered with the valve's movable diaphragm. We are issuing this
AD to prevent incorrect operation of the negative pressure relief
valve, which could result in negative pressures that exceed the
structural strength limits of the airframe and lead to reduced
structural integrity 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.
Inspection
(f) Within 700 flight hours after the effective date of this AD,
perform a general visual inspection of the attachment bolts of the
negative pressure relief valve for excess sealant and perform the
applicable corrective actions, by accomplishing all applicable
actions specified in the Accomplishment Instructions of EMBRAER
Service Bulletin 170-21-0014, dated August 19, 2005. Corrective
actions must be performed prior to 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 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
(h) Brazilian airworthiness directive 2005-12-05, dated January
19, 2006, also addresses the subject of this AD.
Material Incorporated by Reference
(i) You must use EMBRAER Service Bulletin 170-21-0014, dated
August 19, 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
.
[[Page 35385]]
Issued in Renton, Washington, on June 9, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-5500 Filed 6-19-06; 8:45 am]
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