[Federal Register Volume 70, Number 66 (Thursday, April 7, 2005)]
[Rules and Regulations]
[Pages 17606-17608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6909]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-20883; Directorate Identifier 2005-NM-064-AD; 
Amendment 39-14047; AD 2005-07-22]
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: 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 series 
airplanes. This AD requires revising the Limitations section of the 
airplane flight manual to advise the flightcrew to make sure the 
correct instrument landing system (ILS) identifier is included on the 
flight management system (FMS) flight plan before the flightcrew 
initiates an approach to landing with the autopilot engaged. This AD is 
prompted by reports that the airplane's autopilot may apply large-
amplitude control inputs while following ILS guidance to a runway that 
is not included on the FMS flight plan. We are issuing this AD to 
prevent hazardous maneuvers close to the ground, which could result in 
an impact with an obstacle or terrain.

DATES: Effective April 22, 2005. We must receive comments on this AD by 
June 6, 2005.

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.
    For service information identified in this 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-2005-20883; the directorate identifier for this docket is 
2005-NM-064-AD.

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.

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: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, notified the FAA that 
an unsafe condition may exist on all Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) Model ERJ 170 series airplanes. The DAC advises that it 
has received several reports that the airplane's autopilot applied 
large-amplitude control inputs while following instrument landing 
system (ILS) guidance to runways that were not included on the flight 
management system (FMS) flight plan. This condition, if not corrected, 
could cause hazardous maneuvers close to the ground, and result in an 
impact with an obstacle or terrain.

Brazilian Airworthiness Directive

    The DAC issued Brazilian airworthiness directive 2005-03-01, dated 
March 21, 2005, which mandates modification of the autopilot-coupled 
ILS approach procedures by revising the Limitations section of the 
airplane flight manual to advise the flightcrew to make sure the 
correct ILS identifier is included on the FMS flight plan before the 
flightcrew initiates an approach to landing with the autopilot engaged. 
The DAC issued airworthiness directive 2005-03-01 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

[[Page 17607]]

for products of this type design that are certificated for operation in 
the United States.
    Therefore, we are issuing this AD to prevent hazardous maneuvers 
close to the ground, which could result in an impact with an obstacle 
or terrain. This AD requires revising the Limitations section of the 
airplane flight manual to advise the flightcrew to make sure the 
correct ILS identifier is included on the FMS flight plan before the 
flightcrew initiates an approach to landing with the autopilot engaged.

Interim Action

    We consider this AD interim action. If final action is later 
identified, we may consider further rulemaking then.

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 under ADDRESSES. Include ``Docket No. FAA-2005-20883; 
Directorate Identifier 2005-NM-064-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the 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 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 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.

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. 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.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2005-07-22 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14047. Docket No. FAA-2005-20883; Directorate 
Identifier 2005-NM-064-AD.

Effective Date

    (a) This AD becomes effective April 22, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) Model ERJ 170 series airplanes, certificated in any 
category.

Unsafe Condition

    (d) This AD was prompted by reports that the airplane's 
autopilot may apply large-amplitude control inputs while following 
instrument landing system (ILS) guidance to a runway that is not 
included on the flight management system (FMS) flight plan. The FAA 
is issuing this AD to prevent hazardous maneuvers close to the 
ground, which could result in an impact with an obstacle or terrain.

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 Flight Manual Revision

    (f) Within 15 days after the effective date of this AD, revise 
the Limitations section of the EMBRAER Model ERJ 170 airplane flight 
manual (AFM) to include the following statement in the ``Autopilot'' 
subsection. This may be done by inserting a copy of this AD in the 
AFM.
    ``Before initiating an approach to landing with AUTOPILOT 
engaged, make sure the correct ILS identifier has been inserted on 
the FMS PROGRESS PAGE 1/3, Lines 5L and 5R.''

    Note 1: When a statement identical to that in paragraph (f) of 
this AD has been included in the general revisions of the AFM, the 
general revisions may be inserted into the AFM, and the copy of this 
AD may be removed from the AFM.

Alternative Methods of Compliance (AMOCs)

    (g) 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.

Related Information

    (h) Brazilian airworthiness directive 2005-03-01, dated March 
21, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) None.


[[Page 17608]]


    Issued in Renton, Washington, on March 31, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-6909 Filed 4-6-05; 8:45 am]
BILLING CODE 4910-13-P