[Federal Register Volume 70, Number 239 (Wednesday, December 14, 2005)]
[Rules and Regulations]
[Pages 73921-73923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23903]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-22561; Directorate Identifier 2005-NM-136-AD; 
Amendment 39-14409; AD 2005-25-16]
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.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain EMBRAER Model ERJ 170 airplanes. This AD requires doing 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 doing any corrective actions if 
necessary. 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.

DATES: This AD becomes effective January 18, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of January 18, 
2006.

ADDRESSES: You may examine the 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., Nassif Building, 
room PL-401, Washington, DC.
    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, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

[[Page 73922]]

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to certain EMBRAER Model 
ERJ 170 airplanes. That NPRM was published in the Federal Register on 
September 19, 2005 (70 FR 57215). That NPRM proposed to require doing 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 doing any corrective actions if 
necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no comments on the NPRM or on the 
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 43 airplanes of U.S. registry. The inspection 
takes 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 AD for 
U.S. operators is $2,795, or $65 per airplane.
    The modification, if necessary, takes about 2 work hours per 
airplane, at an average labor rate of $65 per work hour. Required parts 
are about $860 per airplane. Based on these figures, the estimated cost 
of the modification is $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 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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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):

2005-25-16 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14409. Docket No. FAA-2005-22561; Directorate 
Identifier 2005-NM-136-AD.

Effective Date

    (a) This AD becomes effective January 18, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, 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.

Material Incorporated by Reference

    (h) You must use EMBRAER Service Bulletin 170-53-0010, dated 
January 12, 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

[[Page 73923]]

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 December 2, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-23903 Filed 12-13-05; 8:45 am]
BILLING CODE 4910-13-P