[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Proposed Rules]
[Pages 48490-48493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13714]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25643; Directorate Identifier 2006-NM-135-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 and ERJ 190 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 and ERJ 190 airplanes. This proposed 
AD would require repetitive inspections to detect damaged smoke seals 
in the aft avionics compartment, repair/replacement if any damage is 
found, and reinforcement if no damage is found. This proposed AD also 
would require eventual replacement of all smoke seals in the aft 
avionics compartment with new, improved seals having new part numbers, 
which would terminate the repetitive inspections. This proposed AD 
results from a report of damaged smoke seals in the aft avionics 
compartment of the affected airplanes. We are proposing this AD to 
prevent smoke from penetrating into the passenger cabin during a fire 
in the avionics compartment.

DATES: We must receive comments on this proposed AD by September 20, 
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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; 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-
25643; Directorate Identifier 2006-NM-135-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 Avia[atilde]o Civil (DAC), which is the 
airworthiness authority for Brazil, notified us that an unsafe 
condition may exist on certain EMBRAER Model ERJ 170 and ERJ 190 
airplanes. The DAC advises that damaged smoke seals have been found in 
the aft avionics compartment of the affected airplanes. The damage was 
caused by a design problem. This condition, in the event of a fire in 
the avionics compartment, could result in smoke penetrating into the 
passenger cabin.

Relevant Service Information

    EMBRAER has issued the service bulletins shown in the following 
table.

                        EMBRAER Service Bulletins
------------------------------------------------------------------------
                                 EMBRAER Service       EMBRAER Service
          Airplane                Bulletins for         Bulletins for
                                   inspections           replacement
------------------------------------------------------------------------
Model ERJ 170 airplanes.....  170-21-0017,          170-21-0018,
                               Revision 01, dated    Revision 01, dated
                               February 15, 2006.    February 15, 2006.
Model ERJ 190 airplanes.....  190-21-0003,          190-21-0004, dated
                               Revision 01, dated    December 2, 2005.
                               February 15, 2006.
------------------------------------------------------------------------

    The service bulletins for the inspections describe procedures for 
repetitive inspections for damaged smoke seals in the aft avionics 
compartment, and corrective actions. If no damage is found, these 
service bulletins specify reinforcing around the Velcro fasteners by 
installing silver tape. If damage is found and all damage is within the 
limits shown in the following table, the corrective action is repairing 
the damage before further flight as

[[Page 48491]]

specified in the inspection service bulletins. This repair includes 
installing silver tape along the torn section of the Velcro fasteners 
to reinforce a torn area; and installing silver tape along the un-
bonded Velcro fastener; as applicable. If any damage is outside the 
damage limits, these service bulletins state that the seal must be 
replaced with a new, improved seal, having a new part number, in 
accordance with the replacement service bulletins. The service 
bulletins for the replacement refer to the applicable aircraft 
maintenance manual tasks for specific instructions.

Damage Limits Specified in Service Bulletins 170-21-0017 and 190-21-0003
------------------------------------------------------------------------
          Damage area              Damage type          Damage limit
------------------------------------------------------------------------
Seal..........................  Tear.............  Tear must not exceed
                                                    200 millimeters (mm)
                                                    in length,
                                                    regardless of
                                                    direction; and edges
                                                    must not be less
                                                    than 10 mm from the
                                                    seal extremities.
Velcro Fastener...............  Un-bonding from    Un-bonded section
                                 the seal edge.     must not exceed 300
                                                    mm in length.
------------------------------------------------------------------------

    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 directives 
2006-05-04 (for Model ERJ170 airplanes) and 2006-05-07 (for Model 
ERJ190 airplanes), both effective June 14, 2006, to ensure the 
continued airworthiness of these airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

    These airplane models are manufactured in Brazil and are 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. As described in 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 ``Difference Between 
the Proposed AD and the Brazilian Airworthiness Directives.''

Difference Between Proposed AD and the Brazilian Airworthiness 
Directives

    The Brazilian airworthiness directives are applicable to ``all EMB-
170( ) aircraft in operation,'' and to ``all EMB-190( ) aircraft in 
operation.'' However, this does not agree with the effectivity of the 
EMBRAER service bulletins, which state that only certain Model EMB-170 
and EMB-190 airplanes are affected. The service bulletins identify the 
affected airplanes by serial number. This proposed AD would be 
applicable only to the airplanes identified in the service bulletins. 
This difference has been coordinated with the DAC.

Clarification of Reinforcement Action

    If no damage is found during the detailed inspections specified in 
this proposed AD, the service bulletins specify reinforcing around the 
Velcro fasteners by installing silver tape. However, EMBRAER Service 
Bulletins 170-21-0017 and 190-21-0003 are not specific as to whether 
this reinforcement must be repeated after each repetitive inspection 
during which no damage is found. Therefore, this proposed AD specifies 
that the reinforcement is required only one time, and thereafter as 
necessary depending on inspection findings.

Clarification of Inspection Terminology

    EMBRAER Service Bulletins 170-21-0017 and 190-21-0003 do not 
specify the inspection type for finding damage to the smoke seals. In 
this proposed AD we refer to that inspection as a detailed inspection 
to parallel the inspection type specified in the Brazilian 
airworthiness directives. We have included the definition for a 
detailed inspection in a note in this proposed AD.

Costs of Compliance

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

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Average
                                          Work      labor                                                       Number of U.S.-
                Action                    hours   rate per            Parts               Cost per airplane       registered           Fleet cost
                                                  hour ($)                                                         airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspection, per inspection cycle......         1        80  None....................  $80, per inspection                   78  $6,240, per inspection
                                                                                       cycle.                                    cycle.
Reinforcement.........................         1        80  Operator supplied.......  $80, per inspection                   78  $6,240.
                                                                                       cycle.
Replacement...........................         8        80  $244 to $265............  $884 to $905............              78  $68,952 to $70,590.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

[[Page 48492]]

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-
2006-25643; Directorate Identifier 2006-NM-135-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September 
20, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to the airplanes identified in Table 1 of 
this AD, certificated in any category.

                 Table 1.--Airplanes Affected by This AD
------------------------------------------------------------------------
                                              As identified in EMBRAER
              EMBRAER model--                    Service Bulletin--
------------------------------------------------------------------------
ERJ 170-100 LR, -100 STD, -100 SE, and -    170-21-0017, Revision 01,
 100 SU airplanes.                           dated February 15, 2006.
ERJ 190-100 STD, -100 LR, and -100 IGW      190-21-0003, Revision 01,
 airplanes.                                  dated February 15, 2006.
------------------------------------------------------------------------

Unsafe Condition

    (d) This AD results from a report of damaged smoke seals in the 
aft avionics compartment of the affected airplanes. We are issuing 
this AD to prevent smoke from penetrating into the passenger cabin 
during a fire in the avionics compartment.

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.

Service Bulletin References

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the following service bulletins, as 
applicable:
    (1) For the inspections, applicable corrective actions, and 
reinforcement specified in paragraph (g) of this AD: EMBRAER Service 
Bulletins 170-21-0017, Revision 01, dated February 15, 2006 (for 
Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes); and 
190-21-0003, Revision 01, dated February 15, 2006 (for Model ERJ 
190-100 STD, -100 LR, and -100 IGW airplanes); and
    (2) For the replacement specified in paragraph (h) of this AD: 
EMBRAER Service Bulletins 170-21-0018, Revision 01, dated February 
15, 2006 (for Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes); and 190-21-0004, dated December 2, 2005 (for Model ERJ 
190-100 STD, -100 LR, and -100 IGW airplanes).

Inspections and Reinforcement

    (g) Within 600 flight hours after the effective date of this AD: 
Do a detailed inspection for damaged smoke seals in the aft avionics 
compartment; and, following the inspection, before further flight, 
reinforce around the Velcro fasteners by installing silver tape if 
no damage is found, and do all applicable corrective actions if any 
damage is found. Repeat the inspection thereafter at intervals not 
to exceed 1,200 flight hours until the replacement required by 
paragraph (h) of this AD is done. Where the applicable service 
bulletin specifies reinforcing around the Velcro fasteners by 
installing silver tape if no damage is found during the detailed 
inspection, that reinforcement must be done the first time; it is 
required again only if damage is found during any repeat inspection. 
Do all actions in accordance with the applicable service bulletin 
specified in paragraph (f)(1) of this AD. If any damage exceeds the 
limits specified in the applicable service bulletin: Before further 
flight, do the replacement in paragraph (h) of this AD.


    Note 1: For the purposes of this AD, a detailed inspection is: 
``An intensive examination of a specific item, installation, or 
assembly to detect damage, failure, or irregularity. Available 
lighting is normally supplemented with a direct source of good 
lighting at an intensity deemed appropriate. Inspection aids such as 
mirror, magnifying lenses, etc., may be necessary. Surface cleaning 
and elaborate procedures may be required.''

Replacement

    (h) Within 6,000 flight hours after the effective date of this 
AD: Replace the smoke seal in the aft avionics compartment with a 
new improved seal, having a new part number, in accordance with 
Accomplishment Instructions of the applicable service bulletin 
specified in paragraph (f)(2) of this AD. Doing this replacement 
terminates the repetitive inspection requirements of paragraph (g) 
of this AD.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
smoke seal in the aft avionics compartment on any airplane, that has 
part number 170-96563-509, -511, -513, -515, -517, -519, -521, or -
523; 171-04768-501, -503, -505, or -507; 190-15062-501, -503, -505, 
or -507; or 190-15902-501, -503, -505, or -507.

Actions Accomplished According to Previous Issues of Service Bulletins

    (j) Actions done before the effective date of this AD in 
accordance with the applicable service bulletins identified in Table 
2 of this AD are acceptable for compliance with the corresponding 
requirements of paragraphs (g) and (h) of this AD.

             Table 2.--Previous Issues of Service Bulletins
------------------------------------------------------------------------
         EMBRAER Service Bulletin                       Date
------------------------------------------------------------------------
170-21-0017...............................  Dec. 29, 2005.
170-21-0018...............................  Dec. 2, 2005.
190-21-0003...............................  Dec. 29, 2005.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (k)(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

    (l) Brazilian airworthiness directives 2006-05-04 (for Model 
ERJ170 airplanes), and 2006-05-07 (for Model ERJ190 airplanes), both 
effective June 14, 2006, also address the subject of this AD.


[[Page 48493]]


    Issued in Renton, Washington, on August 11, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-13714 Filed 8-18-06; 8:45 am]
BILLING CODE 4910-13-P