[Federal Register Volume 71, Number 2 (Wednesday, January 4, 2006)]
[Proposed Rules]
[Pages 290-293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8242]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-23475; Directorate Identifier 2005-NM-117-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).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all EMBRAER Model ERJ 170 airplanes. This proposed AD would require 
revising the Airworthiness Limitations section (ALS) of the airplane 
maintenance manual (AMM) to include new, specific maintenance tasks 
related to the incorporation of a new horizontal stabilizer actuator. 
This proposed AD also would require revising the ALS of the AMM to 
include revised repetitive inspection intervals for certain tasks in 
the maintenance plan related to the aileron and flap/slat flight 
controls system. This proposed AD results from safety assessments of 
the aileron and flap/slat flight controls system, conducted after the 
type certification of the airplane, which showed that some dormant 
faults did not comply with the safety assessment criteria. We are 
proposing this AD to prevent failure of the aileron and flap/slat 
controls system, which could result in reduced controllability of the 
airplane.

DATES: We must receive comments on this proposed AD by February 3, 
2006.

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

[[Page 291]]

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-
2005-23475; Directorate Identifier 2005-NM-117-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 a review of 
safety assessment reports for aileron and flap/slat flight control 
systems, conducted after type certification of the airplane, showed 
that certain assumptions used in the analysis of some dormant faults 
did not comply with the applicable safety assessment criteria. If those 
dormant faults persist and are combined with other faults that could 
become evident during flight, the safety margins for the airplane could 
be reduced significantly. The DAC also advises that incorporating a new 
horizontal stabilizer actuator for the affected airplanes means that 
new, specific maintenance tasks are required for the Model ERJ 170 
fleet. Dormant faults and improper maintenance tasks, if not corrected, 
could result in failure of the aileron and flap/slat controls system, 
and consequent reduced controllability of the airplane.

Relevant Service Information

    EMBRAER has also issued Temporary Revision (TR) 1-3, dated December 
27, 2004, to EMBRAER 170 Maintenance Review Board (MRB) Report MRB-
1621. This document revises the repetitive inspection intervals of MRB 
tasks 27-11-00-002 (Operational Check of Control-Yoke Disconnect 
System) and 27-11-11-001 (Operational Check of Aileron Override Unit).
    EMBRAER has also issued the following revisions to the maintenance 
tasks in the EMBRAER 170 Airplane Maintenance Manual (AMM), all dated 
January 25, 2005. Any applicable corrective actions are done in 
accordance with the applicable AMM task.

                        EMBRAER Maintenance Tasks
------------------------------------------------------------------------
       AMM chapter               Task No.              Description
------------------------------------------------------------------------
27-11-03.................  27-11-03-710-801-A.  Test for broken aileron
                                                 control cables, and
                                                 replace the aileron
                                                 control cable if
                                                 necessary.
27-11-03.................  27-11-03-720-801-A.  Test the tension of the
                                                 aileron control cables,
                                                 and adjust if
                                                 necessary.
27-41-01.................  27-41-01-210-801-A.  Do a general visual
                                                 inspection for the
                                                 presence of locking
                                                 nuts in the cover plate
                                                 of the external ball
                                                 return for the
                                                 horizontal stabilizer
                                                 trim actuator (HSTA);
                                                 and for cracks, or
                                                 excessive damage of the
                                                 external ball return
                                                 cover plate. If one or
                                                 more nuts are missing
                                                 or if there is damage
                                                 on the cover plate, the
                                                 corrective action is to
                                                 replace the HSTA.
27-41-01.................  27-41-01-220-801-A.  Do a detailed visual
                                                 inspection of the HSTA
                                                 no-back gearbox for
                                                 signs of oil leakage,
                                                 oil contamination,
                                                 damaged gears, damaged
                                                 pawl, damaged O-ring,
                                                 damaged lower gimbal
                                                 assembly, damaged or
                                                 loose wiring, broken
                                                 wire harnesses, damaged
                                                 bonding strap, and
                                                 cracked mechanical
                                                 stops; and corrective
                                                 actions if necessary.
                                                 The corrective actions
                                                 range from replacing a
                                                 component to replacing
                                                 the HSTA (for a damaged
                                                 pawl, damage to the
                                                 lower gimbal assembly,
                                                 damaged bonding strap,
                                                 and damaged mechanical
                                                 stop).
27-41-01.................  27-41-01-220-802-A.  Do a detailed visual
                                                 inspection for damage
                                                 of the ballscrew of the
                                                 HSTA, and replace the
                                                 HSTA if necessary.
27-81-01.................  27-81-01-710-801-A.  Adjust slat actuators
                                                 and do an operational
                                                 test.
------------------------------------------------------------------------

    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 
2005-03-02,

[[Page 292]]

dated April 20, 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 revising 
the Airworthiness Limitations section of the Instructions for Continued 
Airworthiness in the EMBRAER 170 AMM to include new, specific 
maintenance tasks related to the incorporation of a new horizontal 
stabilizer actuator; and revised repetitive inspection intervals for 
certain tasks in the maintenance plan related to the aileron and flap/
slat flight controls system.

Difference Between the Proposed AD and the Brazilian Airworthiness 
Directive

    Brazilian airworthiness directive 2005-03-02 specifies that 
operators should alter the approved maintenance plan, but does not 
specify that the changes are limitations. Therefore, this proposed AD 
would specify a revision to the Airworthiness Limitations section of 
the Instructions for Continued Airworthiness. This difference has been 
coordinated with the CTA.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.
    This proposed AD would affect about 42 airplanes of U.S. registry. 
The proposed actions 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 $2,730, or $65 
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-
2005-23475; Directorate Identifier 2005-NM-117-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by February 
3, 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 safety assessments of the aileron and 
flap/slat flight controls system, conducted after the type 
certification of the airplane, which showed that some dormant faults 
did not comply with the safety assessment criteria. We are issuing 
this AD to prevent failure of the aileron and flap/slat controls 
system, which could result in 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.

Airplane Maintenance Manual (AMM) Revisions

    (f) Within 30 days after the effective date of this AD: Revise 
the Airworthiness Limitations section of the Instructions for 
Continued Airworthiness in the EMBRAER 170 AMM to include revisions 
to the maintenance tasks and repetitive inspections intervals, and 
applicable corrective actions that are approved by either the 
Manager, International Branch, ANM-116, Transport Airplane 
Directorate, FAA; or the Departmento de Aviacao Civil (DAC), (or its 
delegated agent). The revisions in paragraphs (f)(1) and (f)(2) of 
this AD are one approved method.
    (1) EMBRAER Temporary Revision (TR) 1-3 of the EMBRAER 170 
Maintenance Review Board (MRB) Report MRB-1621, dated December 27, 
2004, to the EMBRAER 170 AMM that includes revised repetitive 
inspection intervals for MRB tasks 27-11-00-002 (Operational Check 
of Control-Yoke Disconnect System) and 27-11-11-001 (Operational 
Check of Aileron Override Unit). Where the revision requires a 
compliance time that is less than 700 flight hours after the 
effective date of this AD, do the action within 700 flight hours 
after the effective date of this AD. Thereafter, except as provided 
by paragraph (h) of this AD, no alternative inspection intervals may 
be approved.
    (2) The revised EMBRAER 170 AMM maintenance tasks identified in 
Table 1 of this AD that include new maintenance tasks and 
inspections related to the incorporation of a new horizontal 
stabilizer actuator. Thereafter, except as provided by paragraph (h) 
of this AD, no alternative tasks or inspections may be approved.

[[Page 293]]



               Table 1.--EMBRAER 170 AMM Maintenance Tasks
------------------------------------------------------------------------
     AMM chapter          Task Nos.           Date            Title
------------------------------------------------------------------------
27-11-03.............  27-11-03-710-80  January 25,      Aileron Control
                        1-A, 27-11-03-   2005.            Cable--Adjustm
                        720-801-A.                        ent/Test.
27-41-01.............  27-41-01-210-80  January 25,      Horizontal
                        1-A, 27-41-01-   2005.            Stabilizer
                        220-801-A, 27-                    Trim Actuator--
                        41-01-220-802-                    Inspection/
                        A.                                Check.
 27-81-01............  27-81-01-710-80  January 25,      Slat Actuator--
                        1-A.             2005.            Adjustment/
                                                          Test.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, 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

    (h) Brazilian airworthiness directive 2005-03-02, dated April 
20, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on December 20, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E5-8242 Filed 1-3-06; 8:45 am]
BILLING CODE 4910-13-P