[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Rules and Regulations]
[Pages 14365-14367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2675]


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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; 
Amendment 39-14518; AD 2006-06-09]
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.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
EMBRAER Model ERJ 170 airplanes. This AD requires 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 AD also 
requires 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 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.

DATES: This AD becomes effective April 26, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of April 26, 
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,

[[Page 14366]]

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.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would apply to all EMBRAER Model ERJ 
170 airplanes. That NPRM was published in the Federal Register on 
January 4, 2006 (71 FR 290). That NPRM proposed to 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. That NPRM also 
proposed to 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.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the single comment received. 
The commenter, the Airline Pilots Association, International, supports 
the NPRM.

Conclusion

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

Costs of Compliance

    This AD will affect about 42 airplanes of U.S. registry. The 
required actions will 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 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 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):

2006-06-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14518. Docket No. FAA-2005-23475; Directorate 
Identifier 2005-NM-117-AD.

Effective Date

    (a) This AD becomes effective April 26, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100 
STD, -100 SE, 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 approved methods.
    (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 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 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 14367]]



                                   Table 1.--EMBRAER 170 AMM Maintenance Tasks
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     AMM  chapter                Task Nos.                         Date                          Title
----------------------------------------------------------------------------------------------------------------
27-11-03..............  27-11-03-710-801-A, 27-11-   January 25, 2005...............  Aileron Control Cable-
                         03-720-801-A.                                                 Adjustment/Test.
27-41-01..............  27-41-01-210-801-A, 27-41-   January 25, 2005...............  Horizontal Stabilizer Trim
                         01-220-801-A, 27-41-01-220-                                   Actuator--Inspection/
                         802-A.                                                        Check.
27-81-01..............  27-81-01-710-801-A.........  January 25, 2005...............  Slat Actuator--Adjustment/
                                                                                       Test.
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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, effective 
April 20, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use EMBRAER Temporary Revision 1-3 of the EMBRAER 
170 Maintenance Review Board Report MRB-1621, dated December 27, 
2004, to the EMBRAER 170 Airplane Maintenance Manual, 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 March 10, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-2675 Filed 3-21-06; 8:45 am]
BILLING CODE 4910-13-P