[Federal Register Volume 71, Number 145 (Friday, July 28, 2006)]
[Proposed Rules]
[Pages 42776-42778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12106]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25419; Directorate Identifier 2006-NM-055-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 certain EMBRAER Model ERJ 170 airplanes. This proposed AD would 
require replacing the mini-latches on certain lavatory waste 
compartment doors with new, stronger latches, and other specified 
actions. This proposed AD results from reports of certain lavatory 
waste compartment doors opening during flight due to movement of the 
waste compartment during takeoff, because the mini-latches installed on 
the doors of those compartments lose their strength over time. We are 
proposing this AD to prevent the inability of the waste compartment 
doors to adequately contain a fire inside the lavatory waste 
compartment, and consequent uncontained fire and smoke within a 
lavatory during flight.

DATES: We must receive comments on this proposed AD by August 28, 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 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, Transport Airplane Directorate, FAA, 
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. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2006-
25419; Directorate Identifier 2006-NM-055-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 Departamento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, notified us that an unsafe condition may exist on 
certain EMBRAER Model ERJ 170 airplanes. The DAC advises that it has 
received reports of certain lavatory waste compartment doors opening 
during flight due to movement of the waste compartment during takeoff. 
An investigation conducted by the parts manufacturer, C&D Aerospace, 
revealed that the existing mini-latches installed on certain doors in 
the lavatory (i.e., forward lavatory waste compartment, aft lavatory 
amenity door, aft lavatory storage door, and service doors) lose their 
strength over time. This can cause the doors to open easily with a 
single flap spring force or movement of the waste compartment during 
takeoff, or to be easily opened mistakenly by passengers by any kind of 
involuntary touch. This condition, if not corrected, could result in 
the inability of the waste compartment door to adequately contain a 
fire inside the lavatory waste compartment, and consequent uncontained 
fire and smoke within a lavatory during flight.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-25-0024, dated July 21, 
2005. The service bulletin describes procedures for replacing the mini-
latches on certain lavatory waste compartment doors with new, stronger 
latches. The DAC mandated the service information and issued Brazilian 
airworthiness directive 2005-11-01, effective December 8, 2005, to 
ensure the continued airworthiness of these airplanes in Brazil.
    EMBRAER Service Bulletin 170-25-0024, dated July 21, 2005, refers 
to C&D Aerospace Service Bulletin 170-18616-25-023, dated June 23, 
2005, as an additional source of service information for replacing the 
mini-latches on certain lavatory waste compartment doors. The C&D 
Aerospace service bulletin describes procedures for replacing the mini-
latches on certain lavatory waste compartment doors with new, stronger 
latches, and other specified actions. The other specified actions 
include removing/installing inserts, applying bonding, and installing 
certain placards. This service bulletin also provides procedures for 
reworking certain lavatory mirrors. (The C&D Aerospace service bulletin 
is included in the EMBRAER service bulletin).
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.

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

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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 
accomplishing the actions specified in the service information 
described previously, except as discussed under ``Differences Between 
Proposed AD, Brazilian Airworthiness Directive, and Service 
Information.''

Differences Between Proposed AD, Brazilian Airworthiness Directive, and 
Service Information

    Brazilian airworthiness directive 2005-11-01, effective December 8, 
2005, is applicable to ``all EMBRAER ERJ 170( ) aircraft models in 
operation.'' However, this does not agree with EMBRAER Service Bulletin 
170-25-0024, dated July 21, 2005, which states that only certain ERJ 
170 airplanes are affected and identifies them by serial number. This 
proposed AD would be applicable only to the airplanes listed in the 
service bulletin. This difference has been coordinated with the DAC.
    EMBRAER Service Bulletin 170-25-0024, dated July 21, 2005; and C & 
D Aerospace Service Bulletin 170-18616-25-023, dated June 23, 2005, 
describe procedures for replacing the forward and aft lavatory mirrors. 
These procedures were included in the service bulletins at the request 
of an operator. This proposed AD does not include a requirement for 
replacing these mirrors.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this proposed AD.

                                                                     Estimated Costs
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                                                                                                                          Number of U.S.-
                         Action                             Work hours     Average labor       Parts         Cost per       registered      Fleet cost
                                                                           rate per hour                     airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replacement of lavatory waste compartment door latches..               4             $80              $0            $320              54         $17,280
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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-
2006-25419; Directorate Identifier 2006-NM-055-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by August 
28, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170 airplanes, 
certificated in any category; as identified in EMBRAER Service 
Bulletin 170-25-0024, dated July 21, 2005.

Unsafe Condition

    (d) This AD results from reports of certain lavatory waste 
compartment doors opening during flight due to movement of the waste 
compartment during takeoff, because the mini-latches installed on 
those doors lose their strength over time. We are issuing this AD to 
prevent the inability of the waste compartment doors to adequately 
contain a fire inside the lavatory waste compartment, and consequent 
uncontained fire and smoke within a lavatory 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 of Mini-Latches on Certain Lavatory Waste Compartments 
Doors

    (f) Within 700 flight hours after the effective date of this AD: 
Replace the mini-latches for the forward and aft lavatory waste 
compartment doors by accomplishing all the actions, except for the 
forward and aft lavatory mirror rework, specified in the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-25-0024, 
dated July 21, 2005.


    Note 1: EMBRAER Service Bulletin 170-25-0024, dated July 21, 
2005, refers to C&D Aerospace Service Bulletin 170-18616-25-

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023, dated June 23, 2005, as an additional source of service 
information for replacing the mini-latches on certain lavatory waste 
compartment doors required by paragraph (f) of this AD.

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 2005-11-01, effective 
December 8, 2005, also addresses the subject of this AD.

    Issued in Renton, Washington, on July 20, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-12106 Filed 7-27-06; 8:45 am]
BILLING CODE 4910-13-P