[Federal Register: January 27, 2006 (Volume 71, Number 18)]
[Rules and Regulations]
[Page 4484-4486]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja06-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-23703; Directorate Identifier 2005-NM-052-AD;
Amendment 39-14465; AD 2006-03-01]
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, when certain SmartProbes are installed,
revising the Limitations section of the airplane flight manual to limit
the maximum take-off weight of the airplane and increase the reference
speed during certain landing conditions. This AD results from reports
of variable calibration values of certain sensors of the SmartProbes,
which could result in the transmission of erroneous information to the
air data system. We are issuing this AD to prevent reduced
controllability of the airplane.
DATES: This AD becomes effective February 13, 2006.
We must receive comments on this AD by March 28, 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, 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 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. Certain Air Data SmartProbes that
may be installed on these airplanes have been reported to be
contaminated. A
[[Page 4485]]
SmartProbe contains four absolute pressure sensors and one differential
pressure (dP) sensor. These five sensors provide the basic input used
by the SmartProbe to calculate certain pressure-based data used by the
airplane. Operators have reported shifts in the calibrated values of
these dP sensors. These shifts have been attributed to contamination
during the manufacturing process. Contaminated SmartProbes, if not
detected and removed, could affect the correct operation of several
airplane systems including the flight control system, and result in
reduced controllability of the airplane.
The DAC issued corresponding Brazilian airworthiness directive
2005-02-01, dated March 3, 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 reduced
controllability of the airplane. This AD requires, if an affected
SmartProbe is installed, revising the Limitations section of the
airplane flight manual to limit the maximum take-off weight of the
airplane and increase the reference speed during certain landing
conditions.
Difference Between AD and Brazilian Airworthiness Directive
In addition to the AFM revision, the Brazilian airworthiness
directive requires repetitive tests of certain affected SmartProbes. We
have decided, however, to immediately adopt this AD to require only the
AFM revision. We may later consider further rulemaking to supersede
this AD to add a requirement to repetitively test the SmartProbes. We
considered the urgency associated with the subject unsafe condition,
the relatively low number of affected SmartProbes that currently exist,
and logistical concerns associated with performing the tests within a
period of time that corresponds to the normal scheduled maintenance for
most affected operators. The planned compliance time to initiate the
repetitive tests would allow enough time to provide notice and
opportunity for prior public comment on the merits of the tests. We
therefore consider this AD interim action.
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-2006-
23703; Directorate Identifier 2005-NM-052-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 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, 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.
[[Page 4486]]
Sec. 39.13 [Amended]
0
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-03-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14465. Docket No. FAA-2006-23703; Directorate
Identifier 2005-NM-052-AD.
Effective Date
(a) This AD becomes effective February 13, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
STD, -100 SE, and -100 SU airplanes, certificated in any category.
Unsafe Condition
(d) This AD results from reports of variable calibration values
of certain sensors of the Air Data SmartProbes, which could result
in the transmission of erroneous information to the air data system.
This was caused by contamination during the manufacturing process.
We are issuing this AD to prevent reduced controllability 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.
Revision of Airplane Flight Manual (AFM)
(f) As of 30 days after the effective date of this AD: During
any time period when any SmartProbe part number 2015G2H2H-4,
2015G2H2H-4A, 2015G2H2H-5, or 2015G2H2H-5A is installed, before
further flight, revise the Limitations section of the AFM to include
the following operational limitations (this may be done by inserting
a copy of this AD into the AFM):
`` Reduce the calculated MTOW by 110 kgf whenever it is
defined by obstacle clearance on the final segment.
Increase the reference speed (VREF) by 1 kt when
landing with Flap 5.''
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 2005-02-01, dated March 3,
2005, also addresses the subject of this AD.
Issued in Renton, Washington, on January 19, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-782 Filed 1-26-06; 8:45 am]
BILLING CODE 4910-13-P