[Federal Register Volume 70, Number 159 (Thursday, August 18, 2005)]
[Proposed Rules]
[Pages 48500-48502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16362]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22125; Directorate Identifier 2005-NM-130-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain EMBRAER Model ERJ 170 airplanes. This proposed AD would 
require replacing the very high frequency (VHF) antenna located in 
position 1 of the fuselage with a new, improved VHF antenna. This 
proposed AD results from a report of the loss of all voice 
communications due to a lightning strike damaging all the VHF antennas. 
We are proposing this AD to prevent the loss of voice communication, 
which when combined with the complexity of the national airspace 
system, could result in reduced flightcrew situational awareness, 
increased flightcrew workload, and increased risk of human error, and 
consequent reduced ability to maintain safe flight and landing of the 
airplane.

DATES: We must receive comments on this proposed AD by September 19, 
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.
     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 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. Include the docket number ``FAA-
2005-22125; Directorate Identifier 2005-NM-130-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 
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 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 airplanes. The DAC advises that there was a 
report of the loss of all voice communications due to a lightning 
strike that damaged

[[Page 48501]]

all the aircraft radio very high frequency (VHF) antennas. A new, more 
robust VHF antenna has been developed to prevent loss of communication 
during lightning strikes. Combined with the complexity of the national 
airspace system, loss of voice communication, if not corrected, could 
result in reduced flightcrew situational awareness, increased 
flightcrew workload, and increased risk of human error, and consequent 
reduced ability to maintain safe flight and landing of the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-23-0005, dated December 29, 
2004. The service bulletin describes procedures for replacing the VHF 
antenna located in position 1 of the fuselage with a new, improved VHF 
antenna. 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 2005-04-04, dated April 30, 2005, 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 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 
Proposed AD and Foreign AD.''

Difference Between Proposed AD and Foreign AD

    Brazilian airworthiness directive 2005-04-04, dated April 30, 2005, 
is applicable to ``all EMBRAER ERJ-170( ) aircraft models in 
operation.'' However, this does not agree with EMBRAER Service Bulletin 
170-23-0005, dated December 29, 2004, which states that only certain 
EMBRAER Model ERJ 170 airplanes are affected and identifies them by 
serial number. This proposed AD would be applicable only to the 
airplanes identified in the service bulletin. This difference has been 
coordinated with the DAC.

Costs of Compliance

    This proposed AD would affect about 43 airplanes of U.S. registry. 
The proposed actions would take about 2 work hours per airplane, at an 
average labor rate of $65 per work hour. Required parts would cost 
$654. Based on these figures, the estimated cost of the proposed AD for 
U.S. operators is $33,712, or $784 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 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-
2005-22125; Directorate Identifier 2005-NM-130-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
19, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100LR, -100 STD, -
100SE, and -100 SU airplanes, certificated in any category, as 
identified in EMBRAER Service Bulletin 170-23-0005, dated December 
29, 2004.

Unsafe Condition

    (d) This AD results from a report of the loss of all voice 
communications due to a lightning strike damaging all the very high 
frequency (VHF) antennas. We are issuing this AD to prevent the loss 
of voice communication, which when combined with the complexity of 
the national airspace system, could result in reduced flightcrew 
situational awareness, increased flightcrew workload, and increased 
risk of human error, and consequent reduced ability to maintain safe 
flight and landing 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.

Modification

    (f) Within 700 flight hours after the effective date of this AD, 
replace the VHF antenna located in position 1 of the fuselage with a 
new, improved VHF antenna in accordance with the Accomplishment 
Instructions of EMBRAER has issued Service Bulletin 170-23-0005, 
dated December 29, 2004.

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, International Branch, ANM-116, Transport 
Airplane Directorate,

[[Page 48502]]

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 2005-04-04, dated April 
30, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on August 9, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-16362 Filed 8-17-05; 8:45 am]
BILLING CODE 4910-13-P