[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Proposed Rules]
[Pages 57215-57217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19567]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22561; Directorate Identifier 2005-NM-136-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 doing a general visual inspection of the passenger seat track 
attachments to determine if the

[[Page 57216]]

attachment rod is installed and to check the torque value of the 
attachment bolts, and doing any corrective actions if necessary. This 
proposed AD results from the finding of missing rods, which attach the 
passenger seat tracks to the airplane structure to absorb loads. We are 
proposing this AD to detect and correct missing attachment rods, which 
could result in reducing the ability of the seat to withstand a hard 
landing or rejected takeoff and possible injury to passengers.

DATES: We must receive comments on this proposed AD by October 31, 
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. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2005-
22561; Directorate Identifier 2005-NM-136-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 
certain Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 
airplanes. The DAC advises that the rods that attach the passenger seat 
tracks to the airplane structure might not have been installed during 
production of certain EMBRAER Model ERJ 170 airplanes. The attachment 
rods and adjacent web shears enable the seat to absorb loads. Missing 
attachment rods, if not detected and corrected, could result in 
reducing the ability of the seat to withstand a hard landing or 
rejected takeoff and possible injury to passengers.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-53-0010, dated January 12, 
2005. The service bulletin describes procedures for visually inspecting 
the seat track attachments to determine if the attachment rod is 
installed and to check the torque value of the attachment bolts, and 
doing any corrective actions if necessary. The corrective actions 
include installing an attachment rod if it is missing and re-torquing 
any attachment bolt that is under-torqued or over-torqued. 
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 
2005-04-05, 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 ``Clarification of 
Inspection Terminology.''

Clarification of Inspection Terminology

    The ``visual inspection'' specified in Brazilian airworthiness 
directive 2005-04-05 and the EMBRAER service bulletin is referred to as 
a ``general visual inspection'' in this proposed AD. We have included 
the definition for a general visual inspection in a note in the 
proposed AD.

Costs of Compliance

    This proposed AD would affect about 43 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 $2,795, or $65 
per airplane.
    The proposed modification, if necessary, would take about 2 work 
hours per airplane, at an average labor rate of $65 per work hour. 
Required parts would be about $860 per airplane. Based on these 
figures, the estimated cost of the proposed modification would be $990 
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

[[Page 57217]]

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-
2005-22561; Directorate Identifier 2005-NM-136-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by October 
31, 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; having 
serial numbers 17000007 through 17000013 inclusive, 17000015, 
17000016, and 17000018 through 17000043 inclusive.

Unsafe Condition

    (d) This AD results from the finding of missing rods, which 
attach the passenger seat tracks to the airplane structure to absorb 
loads. We are issuing this AD to detect and correct missing 
attachment rods, which could result in reducing the ability of the 
seat to withstand a hard landing or rejected takeoff and possible 
injury to passengers.

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 Modification if Necessary

    (f) Within 700 flight hours after the effective date of this AD, 
do a general visual inspection of the passenger seat track 
attachments to determine if the attachment rod is installed and to 
check the torque value of the attachment bolts, and do any 
applicable corrective actions, by accomplishing all of the 
applicable actions specified in the Accomplishment Instructions of 
EMBRAER Service Bulletin 170-53-0010, dated January 12, 2005. Do any 
applicable corrective actions before further flight.


    Note 1: For the purposes of this AD, a general visual inspection 
is: ``A visual examination of an interior or exterior area, 
installation, or assembly to detect obvious damage, failure, or 
irregularity. This level of inspection is made from within touching 
distance unless otherwise specified. A mirror may be necessary to 
ensure visual access to all surfaces in the inspection area. This 
level of inspection is made under normally available lighting 
conditions such as daylight, hangar lighting, flashlight, or 
droplight and may require removal or opening of access panels or 
doors. Stands, ladders, or platforms may be required to gain 
proximity to the area being checked.''

Alternative Methods of Compliance (AMOCs)

    (g)(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) Before using any AMOC approved in accordance with 14 CFR 
39.19 on any airplane to which the AMOC applies, notify the 
appropriate principal inspector in the FAA Flight Standards 
Certificate Holding District Office.

Related Information

    (h) Brazilian airworthiness directive 2005-04-05, dated April 
30, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on September 20, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-19567 Filed 9-29-05; 8:45 am]
BILLING CODE 4910-13-P