[Federal Register: November 20, 2006 (Volume 71, Number 223)]
[Proposed Rules]
[Page 67075-67077]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20no06-17]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-26356; Directorate Identifier 2006-NM-166-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 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 and ERJ 190 airplanes. This proposed AD
would require repetitive detailed inspections for blockage of the pitot
drain holes of certain air data smart probes (ADSPs), removing
accumulated moisture from the pneumatic passages of the ADSPs, related
investigative actions, and corrective actions if necessary. This
proposed AD results from reports of erroneous air speed indications
caused by blockage of the pitot sensors due to freezing of accumulated
moisture in the ADSP pneumatic passages. We are proposing this AD to
prevent an erroneous air speed indication, which could reduce
flightcrew ability to control the airplane.
DATES: We must receive comments on this proposed AD by December 20,
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 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 98057-3356; 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. Send your comments to an address
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
26356; Directorate Identifier 2006-NM-166-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
[[Page 67076]]
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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the airworthiness authority for Brazil, notified us that an
unsafe condition may exist on EMBRAER Model ERJ 170 airplanes and Model
ERJ 190 airplanes equipped with Rosemount Aerospace Model 2015G2H2H air
data smart probes (ADSPs) having part number (P/N) 2015G2H2H-4( ),
2015G2H2H-5( ), 2015G2H2H-6( ), or 2015G2H2H-7( ). The ANAC advises
that reports have been received of erroneous air speed indications
caused by blockage of the sensors of the ADSP, due to freezing of
accumulated moisture in the pneumatic passages between the ADSP
pressure ports and sensors. This condition, if not corrected, could
result in an erroneous air speed indication, which could reduce
flightcrew ability to control the airplane.
Relevant Service Information
EMBRAER has issued Service Bulletin 170-34-0007, dated April 28,
2005 (for Model ERJ 170 airplanes), and Service Bulletin 190-34-0003,
dated December 2, 2005 (for Model ERJ 190 airplanes). The service
bulletins describe procedures for repetitive detailed inspections for
blockage of the pitot drain holes of certain air data smart probes
(ADSPs), removing accumulated moisture from the pneumatic passages of
the ADSPs, related investigative actions, and corrective actions if
necessary. Related investigative actions include inspecting for damage
to the ADSP seal gaskets, and verifying proper gap and step distance
between the access panel/fuselage and between the access panel/base of
the ADSP. Corrective actions include replacing any damaged seal gaskets
with new gasket material and adjusting any gap and step discrepancies.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition.
The ANAC mandated the service information and issued Brazilian
airworthiness directives 2006-05-05, effective June 14, 2006, and 2006-
05-08, effective June 19, 2006, to ensure the continued airworthiness
of these airplanes in Brazil.
EMBRAER Service Bulletins 170-34-0007 and 190-34-0003 also refer to
Rosemount Aerospace Service Bulletin 2015G2H2H-34-04, Revision 1, dated
April 6, 2005, as an additional source of service information for
accomplishing the requirements of the proposed AD.
FAA's Determination and Requirements of the Proposed AD
These airplane models are manufactured in Brazil and are 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 ANAC has kept the FAA informed
of the situation described above. We have examined the ANAC'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
accomplishing the actions specified in the service information
described previously, except as discussed under ``Difference Between
the Proposed AD and Service Bulletins.''
Difference Between the Proposed AD and Service Bulletins
The service bulletins specify an inspection; however, this proposed
AD would require a detailed inspection, which conforms to the Brazilian
airworthiness directives. Note 3 of the proposed AD defines this type
of inspection.
Costs of Compliance
This proposed AD would affect about 93 airplanes of U.S. registry.
The proposed actions would take about 2 work hours per airplane, at an
average labor rate of $80 per work hour. Based on these figures, the
estimated cost of the proposed AD for U.S. operators is $14,880, or
$160 per airplane, per inspection cycle.
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-
2006-26356; Directorate Identifier 2006-NM-166-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by December
20, 2006.
Affected ADs
(b) None.
[[Page 67077]]
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, and
Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; certificated
in any category.
Unsafe Condition
(d) This AD results from reports of erroneous air speed
indications caused by blockage of the pitot sensors due to freezing
of accumulated moisture in the air data smart probes (ADSP)
pneumatic passages. We are issuing this AD to prevent an erroneous
air speed indication, which could reduce flightcrew ability to
control 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.
Inspect To Determine Part Number (P/N) of ADSPs
(f) Within 600 flight hours after the effective date of this AD,
inspect to determine the part number of the ADSPs. For any Rosemount
Aerospace ADSP having P/N 2015G2H2H-4( ), 2015G2H2H-5( ), 2015G2H2H-
6( ), or 2015G2H2H-7 ( ), do the applicable actions required by this
AD. For any ADSP having any other part number, no further action is
required by this AD.
Note 1: The parentheses used in the identified ADSP model part
numbers indicate the presence or absence of an additional letter(s),
which varies with the basic ADSP model designation. The letter(s)
defines minor changes that do not affect interchangeability or
eligibility of the ADSP. Therefore, this AD still applies regardless
of the presence or absence of these letters on the ADSP model
designation.
Detailed Inspection, Moisture Removal, and Related Investigative/
Corrective Actions
(g) Within 600 flight hours after the effective date of this AD,
perform a detailed inspection for blockage of the pitot drain holes
of the ADSP, remove accumulated moisture from the pneumatic passages
of the ADSP, and, before further flight, do all related
investigative actions and applicable corrective actions. Perform all
required actions in accordance with the Accomplishment Instructions
of EMBRAER Service Bulletin 170-34-0007, dated April 28, 2005 (for
Model ERJ 170 airplanes), or EMBRAER Service Bulletin 190-34-0003,
dated December 2, 2005 (for Model ERJ 190 airplanes), as applicable.
Repeat all required actions thereafter at intervals not to exceed
600 flight hours.
Note 2: EMBRAER Service Bulletins 170-34-0007 and 190-34-0003
refer to Rosemount Aerospace Service Bulletin 2015G2H2H-34-04,
Revision 1, dated April 6, 2005, as an additional source of service
information for accomplishing the required actions.
Note 3: For the purposes of this AD, a detailed inspection is:
``An intensive examination of a specific item, installation, or
assembly to detect damage, failure, or irregularity. Available
lighting is normally supplemented with a direct source of good
lighting at an intensity deemed appropriate. Inspection aids such as
mirror, magnifying lenses, etc., may be necessary. Surface cleaning
and elaborate procedures may be required.''
Alternative Methods of Compliance (AMOCs)
(h)(1) The Manager, International Branch, ANM-116, 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
(i) Brazilian airworthiness directives 2006-05-05, effective
June 14, 2006, and 2006-05-08, effective June 19, 2006, also address
the subject of this AD.
Issued in Renton, Washington, on November 8, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E6-19532 Filed 11-17-06; 8:45 am]
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