[Federal Register: August 9, 2007 (Volume 72, Number 153)]
[Rules and Regulations]
[Page 44734-44737]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au07-4]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-28094; Directorate Identifier 2006-NM-258-AD;
Amendment 39-15148; AD 2007-16-09]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which applies to all EMBRAER Model ERJ 170-100 LR, -100 STD, -100
SE, and -100 SU airplanes. That AD currently requires repetitively
replacing the low-stage check valve and associated seals of the right-
hand engine bleed system. This new AD adds new airplanes to that
existing requirement. For all airplanes, this AD also requires
repetitively replacing the low-stage check valve and associated seals
of the left-hand engine bleed system with a new check valve and new
seals. This AD results from a report that an engine shut down during
flight due to the failure of the low-stage check valve to close. We are
issuing this AD to prevent failure of the low-stage check valve, which
could result in an engine shutting down during flight.
DATES: This AD becomes effective September 13, 2007.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of September 13,
2007.
On November 29, 2005 (70 FR 69075, November 14, 2005), the Director
of the Federal Register approved the incorporation by reference of a
certain service bulletin.
ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., 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, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
or in person at the Docket Operations office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The Docket Operations
office (telephone (800) 647-5527) is located on the ground floor of the
West Building at the DOT 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 supersedes AD 2005-23-14, amendment
39-14372 (70 FR 69075, November 14, 2005). The existing AD applies to
all EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes. That NPRM was published in the Federal Register on May 8,
2007 (72 FR 26008). That NPRM proposed to continue to require
repetitively replacing the low-stage check valve and associated seals
of the right-hand (RH) engine bleed system. That NPRM also proposed to
add new airplanes to that existing requirement. For all airplanes, that
NPRM also proposed to require repetitively replacing the low-stage
check valve and associated seals of the left-hand (LH) engine bleed
system with a new check valve and new seals.
Comments
We provided the public the opportunity to participate in the
development of this AD. No comments have been received on the NPRM or
on the determination of the cost to the public.
Changes to This AD
We have reviewed Revision 01 of EMBRAER Service Bulletin 190-36-
0004, dated November 14, 2006, and have determined that the
accomplishment instructions of Revision 01 are the same as those in the
original issue of the service bulletin. In the NPRM, we referred to the
original issue of EMBRAER Service Bulletin 190-36-0004, dated October
18, 2006, as the appropriate source of service information for
replacing the low-stage check valves and associated seals of the RH and
LH engine bleed system, on Model ERJ 190-100 STD, -100 LR, and -100 IGW
airplanes. Therefore, we have revised paragraphs (j) and (k) of this AD
to also refer to Revision 01 of EMBRAER Service Bulletin 190-36-0004,
dated November 14, 2006, as an appropriate source of service
information. We have
[[Page 44735]]
also revised paragraph (n) of this AD to specify that this AD does not
require sending to the manufacturer any check valve removed in
accordance with Revision 01 of EMBRAER Service Bulletin 190-36-0004.
Conclusion
We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD with the
changes described previously. We have determined that these changes
will neither increase the economic burden on any operator nor increase
the scope of the AD.
Interim Action
This AD is considered to be interim action. The manufacturer has
advised that it currently is developing a modification that will
address the unsafe condition addressed by this AD. Once this
modification is approved we might consider additional rulemaking.
Costs of Compliance
The following table provides the estimated costs, at an average
labor rate of $80 per work hour, for U.S. operators to comply with this
AD. The parts manufacturer states that it will supply required parts to
operators at no cost.
Estimated Costs
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Number of U.S.-
Action Work hours Cost per airplane registered Fleet cost
airplanes
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Replacement of RH check valves on 3 $240, per replacement 55 $13,200, per
Model ERJ 170-100 LR, -100 STD, - cycle. replacement cycle.
100 SE, and -100 SU airplanes
(required by AD 2005-23-14).
Replacement of LH check valves on 3 $240, per replacement 75 $18,000, per
Model ERJ 170-100 LR, -100 STD, - cycle. replacement cycle.
100 SE, -100 SU, -200 LR, -200
STD, and -200 SU airplanes (new
action).
Replacement of RH check valves on 3 $240, per replacement 23 $5,520, per
Model ERJ 190 airplanes (new cycle. replacement cycle.
action).
Replacement of LH check valves on 3 $240, per replacement 23 $5,520, per
Model ERJ 190 airplanes (new cycle. replacement cycle.
action).
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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
removing amendment 39-14372 (70 FR 69075, November 14, 2005) and by
adding the following new airworthiness directive (AD):
2007-16-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15148. Docket No. FAA-2007-28094; Directorate
Identifier 2006-NM-258-AD.
Effective Date
(a) This AD becomes effective September 13, 2007.
Affected ADs
(b) This AD supersedes AD 2005-23-14.
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 a report that an engine shut down
during flight due to the failure of the low-stage check valve to
close. We are issuing this AD to prevent failure of the low-stage
check valve, which could result in an engine shutting down during
flight.
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.
[[Page 44736]]
Restatement of Requirements of AD 2005-23-14
Replacement for Right-Hand (RH) Engine on Model ERJ 170-100 LR, -100
STD, -100 SE, and -100 SU Airplanes With New Service Bulletin
(f) For Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes: Within 100 flight hours after November 29, 2005 (the
effective date of AD 2005-23-14), or prior to the accumulation of
3,000 total flight hours, whichever occurs later, replace the low-
stage check valve and associated seals of the RH engine's engine
bleed system with a new check valve and new seals, in accordance
with the Accomplishment Instructions of EMBRAER Alert Service
Bulletin 170-36-A004, dated September 28, 2005; or paragraph 3.C. of
the Accomplishment Instructions of EMBRAER Service Bulletin 170-36-
0004, dated November 18, 2005. Repeat the replacement thereafter at
intervals not to exceed 3,000 flight hours.
Parts Installation for RH Engine on Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU Airplanes
(g) For Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes: As of November 29, 2005, no engine may be installed in
the RH position unless the low-stage check valve has been replaced
in accordance with the actions required by paragraph (f) of this AD.
Removed Check Valves
(h) Although EMBRAER Alert Service Bulletin 170-36-A004, dated
September 28, 2005, specifies to send removed check valves to the
manufacturer, this AD does not include that requirement.
New Requirements of This AD
Replacement for Left-Hand (LH) Engine on All Model ERJ 170 Airplanes
(i) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200
LR, -200 STD, and -200 SU airplanes: Within 300 flight hours after
the effective date of this AD or prior to the accumulation of 3,000
total flight hours, whichever occurs later, replace the low-stage
check valve and associated seals of the LH engine's engine bleed
system with a new check valve and new seals, in accordance with
paragraph 3.B. of the Accomplishment Instructions of EMBRAER Service
Bulletin 170-36-0004, dated November 18, 2005. Repeat the
replacement thereafter at intervals not to exceed 3,000 flight
hours.
Replacement for RH Engine on Model ERJ 190 Airplanes
(j) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes:
Within 100 flight hours after the effective date of this AD or prior
to the accumulation of 1,500 total flight hours, whichever occurs
later, replace the low-stage check valve and associated seals of the
RH engine's engine bleed system with a new check valve and new
seals, in accordance with paragraph 3.C. of the Accomplishment
Instructions of EMBRAER Service Bulletin 190-36-0004, dated October
18, 2006; or Revision 01, dated November 14, 2006. Repeat the
replacement thereafter at intervals not to exceed 1,500 flight
hours.
Replacement for LH Engine on Model ERJ 190 Airplanes
(k) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes:
Within 600 flight hours after the effective date of this AD or prior
to the accumulation of 1,500 total flight hours, whichever occurs
later, replace the low-stage check valve and associated seals of the
LH engine's engine bleed system with a new check valve and new
seals, in accordance with paragraph 3.B. of the Accomplishment
Instructions of EMBRAER Service Bulletin 190-36-0004, dated October
18, 2006; or Revision 01, dated November 14, 2006. Repeat the
replacement thereafter at intervals not to exceed 1,500 flight
hours.
Parts Installation for LH Engine on Model ERJ 170 Airplanes
(l) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200
LR, -200 STD, and -200 SU airplanes: As of the effective date of
this AD, no engine may be installed in the LH position unless the
low-stage check valve has been replaced in accordance with the
actions required by paragraph (i) of this AD.
Parts Installation for RH and LH Engine on Model ERJ 190 Airplanes
(m) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes:
As of the effective date of this AD; no engine may be installed in
the RH position unless the low-stage check valve has been replaced
in accordance with the actions required by paragraph (j) of this AD;
and no engine may be installed in the LH position unless the low-
stage check valve has been replaced in accordance with the actions
required by paragraph (k) of this AD.
Removed Check Valves in Accordance With New Service Bulletins
(n) Although EMBRAER Service Bulletin 170-36-0004, dated
November 18, 2005; EMBRAER Service Bulletin 190-36-0004, dated
October 18, 2006; and EMBRAER Service Bulletin 190-36-0004, Revision
01, dated November 14, 2006; specify to send removed check valves to
the manufacturer, this AD does not include that requirement.
Alternative Methods of Compliance (AMOCs)
(o)(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) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(p) Brazilian airworthiness directive 2005-09-03R1, effective
May 23, 2006; and Brazilian airworthiness directive 2006-11-01R1,
effective March 21, 2007; also address the subject of this AD.
Material Incorporated by Reference
(q) You must use the service information identified in Table 1
of this AD, as applicable, to perform the actions that are required
by this AD, unless the AD specifies otherwise.
Table 1.--All Material Incorporated by Reference
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Service Bulletin Revision level Date
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EMBRAER Alert Service Bulletin 170-36- Original........................... September 28, 2005.
A004.
EMBRAER Service Bulletin 170-36-0004.. Original........................... November 18, 2005.
EMBRAER Service Bulletin 190-36-0004.. Original........................... October 18, 2006.
EMBRAER Service Bulletin 190-36-0004.. 01................................. November 14, 2006.
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(1) The Director of the Federal Register approved the
incorporation by reference of the documents identified in Table 2 of
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Table 2.--New Material Incorporated by Reference
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Service Bulletin Revision level Date
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EMBRAER Service Bulletin 170-36-0004.. Original........................... November 18, 2005.
EMBRAER Service Bulletin 190-36-0004.. Original........................... October 18, 2006.
[[Page 44737]]
EMBRAER Service Bulletin 190-36-0004.. 01................................. November 14, 2006.
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(2) On November 29, 2005 (70 FR 69075, November 14, 2005), the
Director of the Federal Register approved the incorporation by
reference of EMBRAER Alert Service Bulletin 170-36-A004, dated
September 28, 2005.
(3) 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 FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.
Issued in Renton, Washington, on July 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-15412 Filed 8-8-07; 8:45 am]
BILLING CODE 4910-13-P