[Federal Register Volume 71, Number 223 (Monday, November 20, 2006)]
[Proposed Rules]
[Pages 67075-67077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19532]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26356; Directorate Identifier 2006-NM-166-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 all EMBRAER Model ERJ 170 and ERJ 190 airplanes. This proposed AD 
would require repetitive detailed inspections for blockage of the pitot 
drain holes of certain air data smart probes (ADSPs), removing 
accumulated moisture from the pneumatic passages of the ADSPs, related 
investigative actions, and corrective actions if necessary. This 
proposed AD results from reports of erroneous air speed indications 
caused by blockage of the pitot sensors due to freezing of accumulated 
moisture in the ADSP pneumatic passages. We are proposing this AD to 
prevent an erroneous air speed indication, which could reduce 
flightcrew ability to control the airplane.

DATES: We must receive comments on this proposed AD by December 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-
26356; Directorate Identifier 2006-NM-166-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

[[Page 67076]]

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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the airworthiness authority for Brazil, notified us that an 
unsafe condition may exist on EMBRAER Model ERJ 170 airplanes and Model 
ERJ 190 airplanes equipped with Rosemount Aerospace Model 2015G2H2H air 
data smart probes (ADSPs) having part number (P/N) 2015G2H2H-4( ), 
2015G2H2H-5( ), 2015G2H2H-6( ), or 2015G2H2H-7( ). The ANAC advises 
that reports have been received of erroneous air speed indications 
caused by blockage of the sensors of the ADSP, due to freezing of 
accumulated moisture in the pneumatic passages between the ADSP 
pressure ports and sensors. This condition, if not corrected, could 
result in an erroneous air speed indication, which could reduce 
flightcrew ability to control the airplane.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-34-0007, dated April 28, 
2005 (for Model ERJ 170 airplanes), and Service Bulletin 190-34-0003, 
dated December 2, 2005 (for Model ERJ 190 airplanes). The service 
bulletins describe procedures for repetitive detailed inspections for 
blockage of the pitot drain holes of certain air data smart probes 
(ADSPs), removing accumulated moisture from the pneumatic passages of 
the ADSPs, related investigative actions, and corrective actions if 
necessary. Related investigative actions include inspecting for damage 
to the ADSP seal gaskets, and verifying proper gap and step distance 
between the access panel/fuselage and between the access panel/base of 
the ADSP. Corrective actions include replacing any damaged seal gaskets 
with new gasket material and adjusting any gap and step discrepancies.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition.
    The ANAC mandated the service information and issued Brazilian 
airworthiness directives 2006-05-05, effective June 14, 2006, and 2006-
05-08, effective June 19, 2006, to ensure the continued airworthiness 
of these airplanes in Brazil.
    EMBRAER Service Bulletins 170-34-0007 and 190-34-0003 also refer to 
Rosemount Aerospace Service Bulletin 2015G2H2H-34-04, Revision 1, dated 
April 6, 2005, as an additional source of service information for 
accomplishing the requirements of the proposed AD.

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. Pursuant to this 
bilateral airworthiness agreement, the ANAC has kept the FAA informed 
of the situation described above. We have examined the ANAC'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 Service Bulletins.''

Difference Between the Proposed AD and Service Bulletins

    The service bulletins specify an inspection; however, this proposed 
AD would require a detailed inspection, which conforms to the Brazilian 
airworthiness directives. Note 3 of the proposed AD defines this type 
of inspection.

Costs of Compliance

    This proposed AD would affect about 93 airplanes of U.S. registry. 
The proposed actions would take about 2 work hours per airplane, at an 
average labor rate of $80 per work hour. Based on these figures, the 
estimated cost of the proposed AD for U.S. operators is $14,880, or 
$160 per airplane, per inspection cycle.

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-
2006-26356; Directorate Identifier 2006-NM-166-AD.

Comments Due Date

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

Affected ADs

    (b) None.

[[Page 67077]]

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100 
STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, and 
Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; certificated 
in any category.

Unsafe Condition

    (d) This AD results from reports of erroneous air speed 
indications caused by blockage of the pitot sensors due to freezing 
of accumulated moisture in the air data smart probes (ADSP) 
pneumatic passages. We are issuing this AD to prevent an erroneous 
air speed indication, which could reduce flightcrew ability to 
control 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.

Inspect To Determine Part Number (P/N) of ADSPs

    (f) Within 600 flight hours after the effective date of this AD, 
inspect to determine the part number of the ADSPs. For any Rosemount 
Aerospace ADSP having P/N 2015G2H2H-4( ), 2015G2H2H-5( ), 2015G2H2H-
6( ), or 2015G2H2H-7 ( ), do the applicable actions required by this 
AD. For any ADSP having any other part number, no further action is 
required by this AD.

    Note 1: The parentheses used in the identified ADSP model part 
numbers indicate the presence or absence of an additional letter(s), 
which varies with the basic ADSP model designation. The letter(s) 
defines minor changes that do not affect interchangeability or 
eligibility of the ADSP. Therefore, this AD still applies regardless 
of the presence or absence of these letters on the ADSP model 
designation.

Detailed Inspection, Moisture Removal, and Related Investigative/
Corrective Actions

    (g) Within 600 flight hours after the effective date of this AD, 
perform a detailed inspection for blockage of the pitot drain holes 
of the ADSP, remove accumulated moisture from the pneumatic passages 
of the ADSP, and, before further flight, do all related 
investigative actions and applicable corrective actions. Perform all 
required actions in accordance with the Accomplishment Instructions 
of EMBRAER Service Bulletin 170-34-0007, dated April 28, 2005 (for 
Model ERJ 170 airplanes), or EMBRAER Service Bulletin 190-34-0003, 
dated December 2, 2005 (for Model ERJ 190 airplanes), as applicable. 
Repeat all required actions thereafter at intervals not to exceed 
600 flight hours.

    Note 2: EMBRAER Service Bulletins 170-34-0007 and 190-34-0003 
refer to Rosemount Aerospace Service Bulletin 2015G2H2H-34-04, 
Revision 1, dated April 6, 2005, as an additional source of service 
information for accomplishing the required actions.


    Note 3: 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.''

Alternative Methods of Compliance (AMOCs)

    (h)(1) The Manager, International Branch, ANM-116, 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

    (i) Brazilian airworthiness directives 2006-05-05, effective 
June 14, 2006, and 2006-05-08, effective June 19, 2006, also address 
the subject of this AD.

    Issued in Renton, Washington, on November 8, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E6-19532 Filed 11-17-06; 8:45 am]
BILLING CODE 4910-13-P