[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Rules and Regulations]
[Pages 35383-35385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5500]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24523; Directorate Identifier 2006-NM-057-AD; 
Amendment 39-14654; AD 2006-13-02]
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 
certain EMBRAER Model ERJ 170 airplanes. This AD requires inspecting 
for excess sealant applied to the attachment bolts of the negative 
pressure relief valve, and performing corrective actions if necessary. 
This AD results from reports that excess sealant was applied to the 
attachment bolts of the negative pressure relief valve, which 
interfered with the valve's movable diaphragm. We are issuing this AD 
to prevent incorrect operation of the negative pressure relief valve, 
which could result in negative pressures that exceed the structural 
strength limits of the airframe and lead to reduced structural 
integrity of the airplane.

DATES: This AD becomes effective July 25, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of July 25, 
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.

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 
April 21, 2006 (71 FR 20593). That NPRM proposed to require inspecting 
for excess sealant applied to the attachment bolts of the negative 
pressure relief valve, and performing corrective actions if necessary.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We received no

[[Page 35384]]

comments on the NPRM or on the determination of the cost to the public.

Clarification of Serial Number Range

    To clarify the range of the serial numbers of the affected 
airplanes we have added the word ``inclusive'' to the applicability of 
the AD.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD with the 
change described previously. We have determined that this change will 
neither increase the economic burden on any operator nor increase the 
scope of the AD.

Costs of Compliance

    This AD will affect about 54 airplanes of U.S. registry. The 
required actions will take about 1 work hour per airplane, at an 
average labor rate of $80 per work hour. Based on these figures, the 
estimated cost of this AD for U.S. operators is $4,320, or $80 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):

2006-13-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14654. Docket No. FAA-2006-24523; Directorate 
Identifier 2006-NM-057-AD.

Effective Date

    (a) This AD becomes effective July 25, 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 17000002 through 17000099 inclusive.

Unsafe Condition

    (d) This AD results from reports that excess sealant was applied 
to the attachment bolts of the negative pressure relief valve, which 
interfered with the valve's movable diaphragm. We are issuing this 
AD to prevent incorrect operation of the negative pressure relief 
valve, which could result in negative pressures that exceed the 
structural strength limits of the airframe and lead to reduced 
structural integrity 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.

Inspection

    (f) Within 700 flight hours after the effective date of this AD, 
perform a general visual inspection of the attachment bolts of the 
negative pressure relief valve for excess sealant and perform the 
applicable corrective actions, by accomplishing all applicable 
actions specified in the Accomplishment Instructions of EMBRAER 
Service Bulletin 170-21-0014, dated August 19, 2005. Corrective 
actions must be performed prior to 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 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 2005-12-05, dated January 
19, 2006, also addresses the subject of this AD.

Material Incorporated by Reference

    (i) You must use EMBRAER Service Bulletin 170-21-0014, dated 
August 19, 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.


[[Page 35385]]


    Issued in Renton, Washington, on June 9, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 06-5500 Filed 6-19-06; 8:45 am]
BILLING CODE 4910-13-P