[Federal Register: January 4, 2006 (Volume 71, Number 2)]
[Proposed Rules]
[Page 290-293]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ja06-24]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2005-23475; Directorate Identifier 2005-NM-117-AD]
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: 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 airplanes. This proposed AD would require
revising the Airworthiness Limitations section (ALS) of the airplane
maintenance manual (AMM) to include new, specific maintenance tasks
related to the incorporation of a new horizontal stabilizer actuator.
This proposed AD also would require revising the ALS of the AMM to
include revised repetitive inspection intervals for certain tasks in
the maintenance plan related to the aileron and flap/slat flight
controls system. This proposed AD results from safety assessments of
the aileron and flap/slat flight controls system, conducted after the
type certification of the airplane, which showed that some dormant
faults did not comply with the safety assessment criteria. We are
proposing this AD to prevent failure of the aileron and flap/slat
controls system, which could result in reduced controllability of the
airplane.
DATES: We must receive comments on this proposed AD by February 3,
2006.
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
[[Page 291]]
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 proposed 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:
Comments Invited
We invite you to submit any relevant written data, views, or
arguments regarding this proposed AD. Include the docket number ``FAA-
2005-23475; Directorate Identifier 2005-NM-117-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 received 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
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.
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. The DAC advises that a review of
safety assessment reports for aileron and flap/slat flight control
systems, conducted after type certification of the airplane, showed
that certain assumptions used in the analysis of some dormant faults
did not comply with the applicable safety assessment criteria. If those
dormant faults persist and are combined with other faults that could
become evident during flight, the safety margins for the airplane could
be reduced significantly. The DAC also advises that incorporating a new
horizontal stabilizer actuator for the affected airplanes means that
new, specific maintenance tasks are required for the Model ERJ 170
fleet. Dormant faults and improper maintenance tasks, if not corrected,
could result in failure of the aileron and flap/slat controls system,
and consequent reduced controllability of the airplane.
Relevant Service Information
EMBRAER has also issued Temporary Revision (TR) 1-3, dated December
27, 2004, to EMBRAER 170 Maintenance Review Board (MRB) Report MRB-
1621. This document revises the repetitive inspection intervals of MRB
tasks 27-11-00-002 (Operational Check of Control-Yoke Disconnect
System) and 27-11-11-001 (Operational Check of Aileron Override Unit).
EMBRAER has also issued the following revisions to the maintenance
tasks in the EMBRAER 170 Airplane Maintenance Manual (AMM), all dated
January 25, 2005. Any applicable corrective actions are done in
accordance with the applicable AMM task.
EMBRAER Maintenance Tasks
------------------------------------------------------------------------
AMM chapter Task No. Description
------------------------------------------------------------------------
27-11-03................. 27-11-03-710-801-A. Test for broken aileron
control cables, and
replace the aileron
control cable if
necessary.
27-11-03................. 27-11-03-720-801-A. Test the tension of the
aileron control cables,
and adjust if
necessary.
27-41-01................. 27-41-01-210-801-A. Do a general visual
inspection for the
presence of locking
nuts in the cover plate
of the external ball
return for the
horizontal stabilizer
trim actuator (HSTA);
and for cracks, or
excessive damage of the
external ball return
cover plate. If one or
more nuts are missing
or if there is damage
on the cover plate, the
corrective action is to
replace the HSTA.
27-41-01................. 27-41-01-220-801-A. Do a detailed visual
inspection of the HSTA
no-back gearbox for
signs of oil leakage,
oil contamination,
damaged gears, damaged
pawl, damaged O-ring,
damaged lower gimbal
assembly, damaged or
loose wiring, broken
wire harnesses, damaged
bonding strap, and
cracked mechanical
stops; and corrective
actions if necessary.
The corrective actions
range from replacing a
component to replacing
the HSTA (for a damaged
pawl, damage to the
lower gimbal assembly,
damaged bonding strap,
and damaged mechanical
stop).
27-41-01................. 27-41-01-220-802-A. Do a detailed visual
inspection for damage
of the ballscrew of the
HSTA, and replace the
HSTA if necessary.
27-81-01................. 27-81-01-710-801-A. Adjust slat actuators
and do an operational
test.
------------------------------------------------------------------------
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
2005-03-02,
[[Page 292]]
dated April 20, 2005, 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 airplanes of this type design that are certificated for
operation in the United States.
Therefore, we are proposing this AD, which would require revising
the Airworthiness Limitations section of the Instructions for Continued
Airworthiness in the EMBRAER 170 AMM to include new, specific
maintenance tasks related to the incorporation of a new horizontal
stabilizer actuator; and revised repetitive inspection intervals for
certain tasks in the maintenance plan related to the aileron and flap/
slat flight controls system.
Difference Between the Proposed AD and the Brazilian Airworthiness
Directive
Brazilian airworthiness directive 2005-03-02 specifies that
operators should alter the approved maintenance plan, but does not
specify that the changes are limitations. Therefore, this proposed AD
would specify a revision to the Airworthiness Limitations section of
the Instructions for Continued Airworthiness. This difference has been
coordinated with the CTA.
Costs of Compliance
The following table provides the estimated costs for U.S. operators
to comply with this proposed AD.
This proposed AD would affect about 42 airplanes of U.S. registry.
The proposed actions 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 $2,730, 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 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.
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-23475; Directorate Identifier 2005-NM-117-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by February
3, 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 safety assessments of the aileron and
flap/slat flight controls system, conducted after the type
certification of the airplane, which showed that some dormant faults
did not comply with the safety assessment criteria. We are issuing
this AD to prevent failure of the aileron and flap/slat controls
system, which could result in 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.
Airplane Maintenance Manual (AMM) Revisions
(f) Within 30 days after the effective date of this AD: Revise
the Airworthiness Limitations section of the Instructions for
Continued Airworthiness in the EMBRAER 170 AMM to include revisions
to the maintenance tasks and repetitive inspections intervals, and
applicable corrective actions that are approved by either the
Manager, International Branch, ANM-116, Transport Airplane
Directorate, FAA; or the Departmento de Aviacao Civil (DAC), (or its
delegated agent). The revisions in paragraphs (f)(1) and (f)(2) of
this AD are one approved method.
(1) EMBRAER Temporary Revision (TR) 1-3 of the EMBRAER 170
Maintenance Review Board (MRB) Report MRB-1621, dated December 27,
2004, to the EMBRAER 170 AMM that includes revised repetitive
inspection intervals for MRB tasks 27-11-00-002 (Operational Check
of Control-Yoke Disconnect System) and 27-11-11-001 (Operational
Check of Aileron Override Unit). Where the revision requires a
compliance time that is less than 700 flight hours after the
effective date of this AD, do the action within 700 flight hours
after the effective date of this AD. Thereafter, except as provided
by paragraph (h) of this AD, no alternative inspection intervals may
be approved.
(2) The revised EMBRAER 170 AMM maintenance tasks identified in
Table 1 of this AD that include new maintenance tasks and
inspections related to the incorporation of a new horizontal
stabilizer actuator. Thereafter, except as provided by paragraph (h)
of this AD, no alternative tasks or inspections may be approved.
[[Page 293]]
Table 1.--EMBRAER 170 AMM Maintenance Tasks
------------------------------------------------------------------------
AMM chapter Task Nos. Date Title
------------------------------------------------------------------------
27-11-03............. 27-11-03-710-80 January 25, Aileron Control
1-A, 27-11-03- 2005. Cable--Adjustm
720-801-A. ent/Test.
27-41-01............. 27-41-01-210-80 January 25, Horizontal
1-A, 27-41-01- 2005. Stabilizer
220-801-A, 27- Trim Actuator--
41-01-220-802- Inspection/
A. Check.
27-81-01............ 27-81-01-710-80 January 25, Slat Actuator--
1-A. 2005. Adjustment/
Test.
------------------------------------------------------------------------
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, 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 2005-03-02, dated April
20, 2005, also addresses the subject of this AD.
Issued in Renton, Washington, on December 20, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E5-8242 Filed 1-3-06; 8:45 am]
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