[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Proposed Rules]
[Pages 32544-32546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11046]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21345; Directorate Identifier 2005-NM-005-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 hydraulic pressure tubes at the outlet of the 
engine-driven hydraulic pumps to determine the part and serial numbers; 
and replacing hydraulic pressure tubes having certain serial numbers 
with new hydraulic pressure tubes. This proposed AD is prompted by 
failure of a hydraulic system due to leakage of hydraulic fluid from a 
crack in the pipe coming from the pressure side of the engine driven 
pump. We are proposing this AD to prevent cracking of the hydraulic 
pressure pipes, which could result in failure of hydraulic system 1 or 
2 or both, and consequent reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by July 5, 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.

[[Page 32545]]

    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-2005-21345; the directorate identifier for this docket is 
2005-NM-005-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. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2005-21345; 
Directorate Identifier 2005-NM-005-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 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 
certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 
series airplanes. The DAC advises that failure of hydraulic system 1 
occurred on an EMBRAER Model ERJ 170 series airplane. The failure was 
caused by leakage of hydraulic fluid from a crack in the pipe coming 
from the pressure side of the engine-driven pump. Investigation 
determined that the crack developed because the pipe was manufactured 
with defective material. Cracking of the hydraulic pressure pipes, if 
not corrected, could result in failure of hydraulic system 1 or 2 or 
both, and consequent reduced controllability of the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-29-0001, including the 
Appendix, dated August 9, 2004. The service bulletin describes 
procedures for inspecting the left and right hydraulic pressure tubes 
at the outlet of the engine-driven hydraulic pumps to determine the 
part and serial numbers; and replacing hydraulic pressure tubes having 
certain serial numbers with new hydraulic pressure tubes. 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 2004-11-06, 
dated November 29, 2004, to ensure the continued airworthiness of these 
airplanes in Brazil.
    The EMBRAER service bulletin refers to Turbofan (Airline Service) 
Service Bulletin CF34-8E MHD 71-00-011, original revision, dated August 
3, 2004, as an additional source of service information for inspecting 
the hydraulic pressure tubes to determine the part and serial numbers; 
and replacing hydraulic pressure tubes having certain serial numbers 
with new hydraulic pressure tubes. Turbofan (Airline Service) Service 
Bulletin CF34-8E MHD 71-00-011 is included in the Appendix of the 
EMBRAER service bulletin.

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, except as discussed under ``Difference Between 
the Proposed AD and Service Bulletin.''

Difference Between the Proposed AD and Service Bulletin

    Operators should note that, although the Accomplishment 
Instructions of the referenced service bulletin describe procedures for 
submitting a comment sheet related to service bulletin quality and a 
sheet recording compliance with the service bulletin, this proposed AD 
would not require those actions. We do not need this information from 
operators.

Clarifications Between the Proposed AD and Brazilian Airworthiness 
Directive

    Operators should note that if both hydraulic pressure tubes have 
affected serial numbers the Brazilian airworthiness directive specifies 
replacing ``at least one of the tubes'' before further flight. This 
proposed AD would require that, and would also require replacing the 
other affected hydraulic pressure tube within 600 flight hours after 
the inspection. This clarification has been coordinated with the DAC.
    Operators should also note that the Brazilian airworthiness 
directive specifies accomplishing the inspection within 100 flight 
hours after the effective date of the Brazilian airworthiness 
directive. This proposed AD, however, would require compliance within 
100 flight hours ``or 14 days after the effective date of the AD, 
whichever is first.'' In developing an appropriate compliance time for 
this proposed AD, we considered not only the safety implications and 
the DAC's recommendations, but also the degree of urgency associated 
with the subject unsafe condition, the average utilization of the 
affected fleet, and the time necessary to perform the inspection. In 
light of all of these factors, we find that the compliance time in this 
proposed AD represents an appropriate interval of time allowable for 
affected airplanes to continue to operate without compromising safety. 
This clarification has been coordinated with the DAC.

[[Page 32546]]

Costs of Compliance

    This proposed AD would affect about 27 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 inspection for U.S. operators is $1,755, 
or $65 per airplane.
    The proposed replacement, if necessary, would take about 3 work 
hours per airplane, at an average labor rate of $65 per work hour. 
Required parts would be $0 per airplane. Based on these figures, the 
estimated cost of the proposed replacement is $195 per airplane, if 
necessary.

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-
2005-21345; Directorate Identifier 2005-NM-005-AD.

Comments Due Date

    (a) The Federal Aviation Administration must receive comments on 
this AD action by July 5, 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 failure of a hydraulic system due to 
leakage of hydraulic fluid from a crack in the pipe coming from the 
pressure side of the engine driven pump. We are issuing this AD to 
prevent cracking of the hydraulic pressure pipes, which could result 
in failure of hydraulic system 1 or 2 or both, and consequent 
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.

Inspection and Replacement if Necessary

    (f) Within 100 flight hours or 14 days after the effective date 
of this AD, whichever is first: Inspect the left and right hydraulic 
pressure tubes at the outlet of the engine-driven hydraulic pumps to 
determine the part and serial numbers, in accordance with Part I of 
the Accomplishment Instructions of EMBRAER Service Bulletin 170-29-
0001, including the Appendix, dated August 9, 2004.
    (1) If neither hydraulic pressure tube has a serial number as 
identified in Part I of the service bulletin, then no further action 
is required by this paragraph.
    (2) If only one hydraulic pressure tube has a serial number as 
identified in Part I of the service bulletin: Within 600 flight 
hours after the inspection, replace the affected hydraulic pressure 
tube with a new hydraulic pressure tube, in accordance with Part III 
or Part IV, as applicable, of the service bulletin.
    (3) If both hydraulic pressure tubes have serial numbers as 
identified in Part I of the service bulletin: Before further flight, 
replace one of the affected hydraulic pressure tubes with a new 
hydraulic pressure tube, in accordance with Part III or Part IV, as 
applicable, of the service bulletin. Within 600 flight hours after 
the inspection, replace the other affected hydraulic pressure tube 
with a new hydraulic pressure tube, in accordance with Part III or 
Part IV, as applicable, of the service bulletin.

    Note 1: EMBRAER Service Bulletin 170-29-0001 refers to Turbofan 
(Airline Service) Service Bulletin CF34-8E MHD 71-00-011, original 
revision, dated August 3, 2004, as an additional source of service 
information for inspecting the hydraulic pressure tubes to determine 
the part and serial numbers; and replacing hydraulic pressure tubes 
having certain serial numbers with new hydraulic pressure tube as 
applicable. Turbofan (Airline Service) Service Bulletin CF34-8E MHD 
71-00-011 is included in the Appendix of EMBRAER Service Bulletin 
170-29-0001.

No Reporting Requirement

    (g) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

Parts Installation

    (h) As of the effective date of this AD, no person may install a 
hydraulic pressure pipe having any part and serial numbers 
identified in Part I of the Accomplishment Instructions of EMBRAER 
Service Bulletin 170-29-0001, dated August 9, 2004, 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 2004-11-06, dated November 
29, 2004, also addresses the subject of this AD.

    Issued in Renton, Washington, on May 26, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-11046 Filed 6-2-05; 8:45 am]
BILLING CODE 4910-13-P