[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Rules and Regulations]
[Pages 69075-69077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22442]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22910; Directorate Identifier 2005-NM-208-AD; 
Amendment 39-14372; AD 2005-23-14]
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: 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 
airplanes. This AD requires repetitively replacing the low-stage check 
valve and associated seals of the right-hand engine bleed system. This 
AD results from a report that an engine shut down during flight due to 
the failure of the low-stage check valve to close. We are issuing this 
AD to prevent failure of the low-stage check valve, which could result 
in an engine shutting down during flight.

DATES: This AD becomes effective November 29, 2005.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of November 29, 
2005.
    We must receive comments on this AD by January 13, 2006.

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,

[[Page 69076]]

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 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:

Discussion

    The Departamento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
all Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 
airplanes. The DAC advises that there was an occurrence of an engine 
that shut down during flight. A low-stage check valve of the engine 
bleed system failed to close due to excessive wear. This condition, if 
not corrected, could result in an engine shutting down during flight.

Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 170-36-A004, dated 
September 28, 2005. The alert service bulletin describes procedures for 
repetitively replacing the low-stage check valve and associated seals 
of the engine bleed system on the right-hand engine with a new check 
valve and new seals. The alert service bulletin also describes 
procedures to send the removed check valve to the manufacturer. The DAC 
mandated the alert service bulletin and issued Brazilian emergency 
airworthiness directive 2005-09-03, dated September 29, 2005, 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 for products of this type design that are certificated for 
operation in the United States.
    Therefore, we are issuing this AD to prevent failure of the low-
stage check valve, which could result in an engine shutting down during 
flight. This AD requires accomplishing the actions specified in the 
service information described previously, except as described below in 
``Difference Between this AD and the Alert Service Bulletin.''
    The manufacturer is developing further action on the check valves 
and the supply of check valves. Further action may involve action on 
the left-hand engine's check valve. We may consider further rulemaking 
to require actions on the left-hand engine in addition to the actions 
required for the right-hand engine.

Clarification of AD and Brazilian Airworthiness Directive Requirements

    The FAA recognizes that the unsafe condition could occur on both 
engines. Based on the most recent parts supply information from the 
manufacturer, there are not enough replacement check valves available 
to mandate actions on both engines without grounding airplanes for an 
indeterminate amount of time. However, there are enough check valves 
available to require action on one engine, which would reduce the 
possibility that both engines could have a failed check valve during a 
flight. We have considered the risks of a one-engine failure in 
comparison to a dual-engine failure, and the efforts by the 
manufacturer to produce more replacement parts. Based on this 
assessment, we have determined that modifying one engine reduces the 
risk of a dual-engine failure to the level that such action is 
sufficient at this time to produce an acceptable level of safety.

Difference Between This AD and the Alert Service Bulletin

    Operators should note that, although the Accomplishment 
Instructions of the referenced alert service bulletin describes 
procedures for sending removed check valves to the manufacturer, this 
AD does not require that action.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time the FAA may consider further rulemaking.

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 in the ADDRESSES section. Include ``Docket No. FAA-2005-
22910; Directorate Identifier 2005-NM-208-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD that might 
suggest a need to modify it.
    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 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.

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

[[Page 69077]]

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 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, Incorporation by 
reference, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2005-23-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14372. Docket No. FAA-2005-22910; Directorate 
Identifier 2005-NM-208-AD.

Effective Date

    (a) This AD becomes effective November 29, 2005.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100LR, -100 
STD, -100SE, and -100 SU airplanes, certificated in any category.

Unsafe Condition

    (d) This AD results from a report that an engine shut down 
during flight due to the failure of the low-stage check valve to 
close. We are issuing this AD to prevent failure of the low-stage 
check valve, which could result in an engine shutting down during 
flight.

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.

Replacement

    (f) Within 100 flight hours after the effective date of this AD 
or prior to the accumulation of 3,000 total flight hours, whichever 
occurs later, replace the low-stage check valve and associated seals 
of the right-hand engine's engine bleed system with a new check 
valve and new seals in accordance with the Accomplishment 
Instructions of EMBRAER Alert Service Bulletin 170-36-A004, dated 
September 28, 2005. Repeat the replacement thereafter at intervals 
not to exceed 3,000 flight hours.

Parts Installation

    (g) As of the effective date of this AD, no engine may be 
installed in the right-hand position unless the low-stage check 
valve has been replaced in accordance with the actions required by 
paragraph (f) of this AD.

Removed Check Valves

    (h) Although EMBRAER Alert Service Bulletin 170-36-A004, dated 
September 28, 2005, specifies to send removed check valves to the 
manufacturer, this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (i)(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 Sec.  
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

    (j) Brazilian emergency airworthiness directive 2005-09-03, 
dated September 29, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (k) You must use EMBRAER Alert Service Bulletin 170-36-A004, 
dated September 28, 2005, to perform the actions that are required 
by this AD, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of this 
document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343-CEP 12.225, Sao Jose dos Campos-SP, Brazil, for a copy of this 
service information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on November 2, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-22442 Filed 11-10-05; 8:45 am]
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