[Federal Register Volume 70, Number 44 (Tuesday, March 8, 2005)]
[Proposed Rules]
[Pages 11172-11174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4409]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20501; Directorate Identifier 2004-NM-251-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Series 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 series airplanes. This proposed AD would 
require inspecting the engine fire handles of the overhead panel in the 
cockpit, and replacing the engine fire handles if necessary. This 
proposed AD is prompted by reports of failure of the internal circuit 
of the engine fire handles of the overhead panel in the cockpit. We are 
proposing this AD to prevent failure of the internal circuit of the 
engine fire handles, which could result in failure of the fuel shut-off 
valves to close and failure of the fire extinguishing agent to 
discharge in the event of an engine fire.

DATES: We must receive comments on this proposed AD by April 7, 2005.

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.
     By 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.
    For service information identified in this proposed AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    You can examine the contents of this 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., room PL-401, 
on the plaza level of the Nassif Building, Washington, DC. This docket 
number is FAA-2005-20501; the directorate identifier for this docket is 
2004-NM-251-AD.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1503; 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 under ADDRESSES. Include ``Docket No. FAA-2005-20501; 
Directorate Identifier 2004-NM-251-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 submitted 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 our 
docket 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 can

[[Page 11173]]

review the DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov.

Examining the Docket

    You can 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 DMS 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 series airplanes. The DAC advises that the 
internal circuit of the engine fire handles of the overhead panel in 
the cockpit failed due to a design error of the flex circuit 
subassembly that was introduced with the engine fire handles. This 
condition, if not corrected, could result in failure of the fuel shut-
off valves to close and failure of the fire extinguishing agent to 
discharge in the event of an engine fire.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-26-0001, Revision 02, dated 
January 11, 2005. The service bulletin describes procedures for 
inspecting the engine fire handles of the overhead panel in the cockpit 
to determine the part number (P/N) installed, and replacing the engine 
fire handles with new ones if necessary. 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 2004-10-02, dated October 30, 
2004, 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 products 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.

Costs of Compliance

    This proposed AD would affect about 24 airplanes of U.S. registry. 
The proposed inspection 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 $1,560, 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. 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 FAA amends Sec.  39.13 by adding the following new 
airworthiness directive (AD):

Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2005-20501; Directorate Identifier 2004-NM-251-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by April 7, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170 series 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of failure of the internal 
circuit of the engine fire handles of the overhead panel in the 
cockpit. We are issuing this AD to prevent failure of the internal 
circuit of the engine fire handles, which could result in failure of 
the fuel shut-off valves to close and failure of the fire 
extinguishing agent to discharge in the event of an engine fire.

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 600 flight hours or 180 days after the effective date 
of this AD, whichever occurs first, inspect the engine fire handles 
of the overhead panel in the cockpit to determine the part number 
(P/N) installed, in accordance with the Accomplishment Instructions 
of EMBRAER Service Bulletin 170-26-0001, Revision 02, dated January 
11, 2005.

[[Page 11174]]

    (1) If only engine fire handles having P/N 1-7054-1 (left-hand 
side) and P/N 2-7054-1 (right-hand side) are found installed, no 
further action is required by this paragraph.
    (2) If any engine fire handle having P/N 1-7054-2 (left-hand 
side) or P/N 2-7054-2 (right-hand side) is found installed, before 
further flight, replace the engine fire handle with a new engine 
fire handle having P/N 1-7054-1 (left-hand side) or P/N 2-7054-1 
(right-hand side), as applicable, in accordance with the 
Accomplishment Instructions of the service bulletin.
    (g) Applicable actions done before the effective date of this AD 
in accordance with EMBRAER Service Bulletin 170-26-0001, dated 
October 6, 2004; or Revision 01, dated November 3, 2004; are 
acceptable for compliance with the corresponding requirements of 
paragraph (f) of this AD.

Parts Installation

    (h) As of the effective date of this AD, no person may install a 
engine fire handle having P/N 1-7054-2 (left-hand side) or P/N 2-
7054-2 (right-hand side), on any airplane.

Alternative Methods of Compliance (AMOCs)

    (i) 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.

Related Information

    (j) Brazilian airworthiness directive 2004-10-02, dated October 
30, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on February 28, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-4409 Filed 3-7-05; 8:45 am]
BILLING CODE 4910-13-P