[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Rules and Regulations]
[Pages 44734-44737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15412]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28094; Directorate Identifier 2006-NM-258-AD; 
Amendment 39-15148; AD 2007-16-09]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which applies to all EMBRAER Model ERJ 170-100 LR, -100 STD, -100 
SE, and -100 SU airplanes. That AD currently requires repetitively 
replacing the low-stage check valve and associated seals of the right-
hand engine bleed system. This new AD adds new airplanes to that 
existing requirement. For all airplanes, this AD also requires 
repetitively replacing the low-stage check valve and associated seals 
of the left-hand engine bleed system with a new check valve and new 
seals. This AD results from a report that an engine shut down during 
flight due to the failure of the low-stage check valve to close. We are 
issuing this AD to prevent failure of the low-stage check valve, which 
could result in an engine shutting down during flight.

DATES: This AD becomes effective September 13, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of September 13, 
2007.
    On November 29, 2005 (70 FR 69075, November 14, 2005), the Director 
of the Federal Register approved the incorporation by reference of a 
certain service bulletin.

ADDRESSES: You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue, SE., 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, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the AD docket on the Internet at http://dms.dot.gov 
or in person at the Docket Operations office between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The Docket Operations 
office (telephone (800) 647-5527) is located on the ground floor of the 
West Building at the DOT 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 supersedes AD 2005-23-14, amendment 
39-14372 (70 FR 69075, November 14, 2005). The existing AD applies to 
all EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes. That NPRM was published in the Federal Register on May 8, 
2007 (72 FR 26008). That NPRM proposed to continue to require 
repetitively replacing the low-stage check valve and associated seals 
of the right-hand (RH) engine bleed system. That NPRM also proposed to 
add new airplanes to that existing requirement. For all airplanes, that 
NPRM also proposed to require repetitively replacing the low-stage 
check valve and associated seals of the left-hand (LH) engine bleed 
system with a new check valve and new seals.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the NPRM or 
on the determination of the cost to the public.

Changes to This AD

    We have reviewed Revision 01 of EMBRAER Service Bulletin 190-36-
0004, dated November 14, 2006, and have determined that the 
accomplishment instructions of Revision 01 are the same as those in the 
original issue of the service bulletin. In the NPRM, we referred to the 
original issue of EMBRAER Service Bulletin 190-36-0004, dated October 
18, 2006, as the appropriate source of service information for 
replacing the low-stage check valves and associated seals of the RH and 
LH engine bleed system, on Model ERJ 190-100 STD, -100 LR, and -100 IGW 
airplanes. Therefore, we have revised paragraphs (j) and (k) of this AD 
to also refer to Revision 01 of EMBRAER Service Bulletin 190-36-0004, 
dated November 14, 2006, as an appropriate source of service 
information. We have

[[Page 44735]]

also revised paragraph (n) of this AD to specify that this AD does not 
require sending to the manufacturer any check valve removed in 
accordance with Revision 01 of EMBRAER Service Bulletin 190-36-0004.

Conclusion

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

Interim Action

    This AD is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
address the unsafe condition addressed by this AD. Once this 
modification is approved we might consider additional rulemaking.

Costs of Compliance

    The following table provides the estimated costs, at an average 
labor rate of $80 per work hour, for U.S. operators to comply with this 
AD. The parts manufacturer states that it will supply required parts to 
operators at no cost.

                                                 Estimated Costs
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                                                                            Number of U.S.-
              Action                   Work hours      Cost per airplane      registered         Fleet cost
                                                                               airplanes
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Replacement of RH check valves on                3   $240, per replacement              55  $13,200, per
 Model ERJ 170-100 LR, -100 STD, -                    cycle.                                 replacement cycle.
 100 SE, and -100 SU airplanes
 (required by AD 2005-23-14).
Replacement of LH check valves on                3   $240, per replacement              75  $18,000, per
 Model ERJ 170-100 LR, -100 STD, -                    cycle.                                 replacement cycle.
 100 SE, -100 SU, -200 LR, -200
 STD, and -200 SU airplanes (new
 action).
Replacement of RH check valves on                3   $240, per replacement              23  $5,520, per
 Model ERJ 190 airplanes (new                         cycle.                                 replacement cycle.
 action).
Replacement of LH check valves on                3   $240, per replacement              23  $5,520, per
 Model ERJ 190 airplanes (new                         cycle.                                 replacement cycle.
 action).
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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 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 
removing amendment 39-14372 (70 FR 69075, November 14, 2005) and by 
adding the following new airworthiness directive (AD):

2007-16-09 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15148. Docket No. FAA-2007-28094; Directorate 
Identifier 2006-NM-258-AD.

Effective Date

    (a) This AD becomes effective September 13, 2007.

Affected ADs

    (b) This AD supersedes AD 2005-23-14.

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 a report that an engine shut down 
during flight due to the failure of the low-stage check valve to 
close. We are issuing this AD to prevent failure of the low-stage 
check valve, which could result in an engine shutting down 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.

[[Page 44736]]

Restatement of Requirements of AD 2005-23-14

Replacement for Right-Hand (RH) Engine on Model ERJ 170-100 LR, -100 
STD, -100 SE, and -100 SU Airplanes With New Service Bulletin

    (f) For Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes: Within 100 flight hours after November 29, 2005 (the 
effective date of AD 2005-23-14), or prior to the accumulation of 
3,000 total flight hours, whichever occurs later, replace the low-
stage check valve and associated seals of the RH engine's engine 
bleed system with a new check valve and new seals, in accordance 
with the Accomplishment Instructions of EMBRAER Alert Service 
Bulletin 170-36-A004, dated September 28, 2005; or paragraph 3.C. of 
the Accomplishment Instructions of EMBRAER Service Bulletin 170-36-
0004, dated November 18, 2005. Repeat the replacement thereafter at 
intervals not to exceed 3,000 flight hours.

Parts Installation for RH Engine on Model ERJ 170-100 LR, -100 STD, -
100 SE, and -100 SU Airplanes

    (g) For Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes: As of November 29, 2005, no engine may be installed in 
the RH position unless the low-stage check valve has been replaced 
in accordance with the actions required by paragraph (f) of this AD.

Removed Check Valves

    (h) Although EMBRAER Alert Service Bulletin 170-36-A004, dated 
September 28, 2005, specifies to send removed check valves to the 
manufacturer, this AD does not include that requirement.

New Requirements of This AD

Replacement for Left-Hand (LH) Engine on All Model ERJ 170 Airplanes

    (i) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes: Within 300 flight hours after 
the effective date of this AD or prior to the accumulation of 3,000 
total flight hours, whichever occurs later, replace the low-stage 
check valve and associated seals of the LH engine's engine bleed 
system with a new check valve and new seals, in accordance with 
paragraph 3.B. of the Accomplishment Instructions of EMBRAER Service 
Bulletin 170-36-0004, dated November 18, 2005. Repeat the 
replacement thereafter at intervals not to exceed 3,000 flight 
hours.

Replacement for RH Engine on Model ERJ 190 Airplanes

    (j) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes: 
Within 100 flight hours after the effective date of this AD or prior 
to the accumulation of 1,500 total flight hours, whichever occurs 
later, replace the low-stage check valve and associated seals of the 
RH engine's engine bleed system with a new check valve and new 
seals, in accordance with paragraph 3.C. of the Accomplishment 
Instructions of EMBRAER Service Bulletin 190-36-0004, dated October 
18, 2006; or Revision 01, dated November 14, 2006. Repeat the 
replacement thereafter at intervals not to exceed 1,500 flight 
hours.

Replacement for LH Engine on Model ERJ 190 Airplanes

    (k) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes: 
Within 600 flight hours after the effective date of this AD or prior 
to the accumulation of 1,500 total flight hours, whichever occurs 
later, replace the low-stage check valve and associated seals of the 
LH engine's engine bleed system with a new check valve and new 
seals, in accordance with paragraph 3.B. of the Accomplishment 
Instructions of EMBRAER Service Bulletin 190-36-0004, dated October 
18, 2006; or Revision 01, dated November 14, 2006. Repeat the 
replacement thereafter at intervals not to exceed 1,500 flight 
hours.

Parts Installation for LH Engine on Model ERJ 170 Airplanes

    (l) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes: As of the effective date of 
this AD, no engine may be installed in the LH position unless the 
low-stage check valve has been replaced in accordance with the 
actions required by paragraph (i) of this AD.

Parts Installation for RH and LH Engine on Model ERJ 190 Airplanes

    (m) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes: 
As of the effective date of this AD; no engine may be installed in 
the RH position unless the low-stage check valve has been replaced 
in accordance with the actions required by paragraph (j) of this AD; 
and no engine may be installed in the LH position unless the low-
stage check valve has been replaced in accordance with the actions 
required by paragraph (k) of this AD.

Removed Check Valves in Accordance With New Service Bulletins

    (n) Although EMBRAER Service Bulletin 170-36-0004, dated 
November 18, 2005; EMBRAER Service Bulletin 190-36-0004, dated 
October 18, 2006; and EMBRAER Service Bulletin 190-36-0004, Revision 
01, dated November 14, 2006; specify to send removed check valves to 
the manufacturer, this AD does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (o)(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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.

Related Information

    (p) Brazilian airworthiness directive 2005-09-03R1, effective 
May 23, 2006; and Brazilian airworthiness directive 2006-11-01R1, 
effective March 21, 2007; also address the subject of this AD.

Material Incorporated by Reference

    (q) You must use the service information identified in Table 1 
of this AD, as applicable, to perform the actions that are required 
by this AD, unless the AD specifies otherwise.

                                Table 1.--All Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service Bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
EMBRAER Alert Service Bulletin 170-36-  Original...........................  September 28, 2005.
 A004.
EMBRAER Service Bulletin 170-36-0004..  Original...........................  November 18, 2005.
EMBRAER Service Bulletin 190-36-0004..  Original...........................  October 18, 2006.
EMBRAER Service Bulletin 190-36-0004..  01.................................  November 14, 2006.
----------------------------------------------------------------------------------------------------------------

    (1) The Director of the Federal Register approved the 
incorporation by reference of the documents identified in Table 2 of 
this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

                                Table 2.--New Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
           Service Bulletin                        Revision level                            Date
----------------------------------------------------------------------------------------------------------------
EMBRAER Service Bulletin 170-36-0004..  Original...........................  November 18, 2005.
EMBRAER Service Bulletin 190-36-0004..  Original...........................  October 18, 2006.

[[Page 44737]]

 
EMBRAER Service Bulletin 190-36-0004..  01.................................  November 14, 2006.
----------------------------------------------------------------------------------------------------------------

    (2) On November 29, 2005 (70 FR 69075, November 14, 2005), the 
Director of the Federal Register approved the incorporation by 
reference of EMBRAER Alert Service Bulletin 170-36-A004, dated 
September 28, 2005.
    (3) 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 FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington; or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-15412 Filed 8-8-07; 8:45 am]
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