[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Rules and Regulations]
[Pages 8622-8624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2976]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-26462; Directorate Identifier 2006-NM-221-AD; 
Amendment 39-14952; AD 2007-04-20]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -
200 STD, and -200 SU 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 adopting a new airworthiness directive (AD) for 
certain EMBRAER Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes and Model ERJ 190 airplanes. This 
AD requires inspecting to determine the part number and serial number 
of the deployment actuator of the ram air turbine (RAT) and related 
investigative and corrective actions if necessary. This AD results from 
reports that the RAT may not fully deploy due to galling between the 
piston rod and gland housing of the RAT deployment actuator. We are 
issuing this AD to prevent the RAT from failing to deploy, which could 
result in loss of control of the airplane during in-flight emergencies.

DATES: This AD becomes effective April 3, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 3, 2007.

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 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

[[Page 8623]]

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 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 STD, and -200 
SU airplanes and Model ERJ 190 airplanes. That NPRM was published in 
the Federal Register on December 8, 2006 (71 FR 71096). That NPRM 
proposed to require inspecting to determine the part number and serial 
number of the deployment actuator of the ram air turbine (RAT) and 
related investigative and corrective actions if necessary.

Comments

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

Clarification of Service Bulletin Reference Paragraph

    We have added to paragraph (f)(1) of this AD three airplane models 
that were unintentionally left out of that paragraph.

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

    The following table provides the estimated costs for U.S. operators 
to comply with this AD, at an average labor rate of $80 per hour.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                         Number of U.S.-
              Action                Work hours    Cost per airplane   registered airplanes       Fleet cost
----------------------------------------------------------------------------------------------------------------
Inspection to determine part and             1  $80.................  76..................  $6,080.
 serial numbers.
Inspection of piston rod.........            1  $80, per inspection   Up to 76............  Up to $6,080, per
                                                 cycle.                                      inspection cycle.
Replacement of RAT deployment                4  $320................  Up to 76............  Up to $24,320.
 actuator.
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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 
adding the following new airworthiness directive (AD):

2007-04-20 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14952. Docket No. FAA-2006-26462; Directorate 
Identifier 2006-NM-221-AD.

Effective Date

    (a) This AD becomes effective April 3, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, as 
identified in EMBRAER Service Bulletin 170-24-0026, dated December 
22, 2005; and Model ERJ 190-100 STD, -100 LR, and -100 IGW 
airplanes, as identified in EMBRAER Service Bulletin 190-24-0003, 
dated December 22, 2005; certificated in any category.

Unsafe Condition

    (d) This AD results from reports that the ram air turbine (RAT) 
may not fully deploy due to galling between the piston rod and gland 
housing of the RAT deployment actuator. We are issuing this AD to 
prevent the RAT from failing to deploy, which could result in loss 
of control of the airplane during in-flight emergencies.

[[Page 8624]]

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 Reference

    (f) The term ``service bulletin,'' as used in this AD, means the 
Accomplishment Instructions of the service bulletins identified in 
paragraphs (f)(1) and (f)(2) of this AD. Where these service 
bulletins specify returning affected parts to Hamilton Sundstrand, 
this AD does not require that action.
    (1) For Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes: EMBRAER Service Bulletin 170-
24-0026, dated December 22, 2005.
    (2) For Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes: 
EMBRAER Service Bulletin 190-24-0003, dated December 22, 2005.

    Note 1: The EMBRAER service bulletins refer to Hamilton 
Sundstrand Service Bulletin ERPS37A-24-1, dated December 6, 2005, as 
an additional source of service information for inspecting for 
galling of the piston rod of the RAT deployment actuator and re-
identifying the actuator. The Hamilton Sundstrand service bulletin 
is included as Appendix 1 of the EMBRAER service bulletins.

Inspection To Determine Part Number (P/N) and Serial Number (S/N)

    (g) Within 600 flight hours or 3 months after the effective date 
of this AD, whichever occurs first: Inspect to determine the part 
number and serial number of the RAT deployment actuator, in 
accordance with the applicable service bulletin. A review of 
airplane maintenance records is acceptable in lieu of this 
inspection if the part number and serial number of the RAT 
deployment actuator can be conclusively determined from that review.
    (1) If the part number of the actuator is not P/N 1703785: No 
further action is required by this AD, except as provided by 
paragraph (i) of this AD.
    (2) If the part number of the actuator is P/N 1703785 and the 
serial number is S/N 0004, 0005, or 0101 through 0190 inclusive, or 
the part number or serial number cannot be conclusively determined: 
Within 600 flight hours or 3 months after the effective date of this 
AD, whichever occurs first, deploy the RAT, and do the actions 
specified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as 
applicable, in accordance with the applicable service bulletin.
    (i) If the RAT does not fully deploy or if it deploys with 
hesitation: Before further flight, replace the RAT deployment 
actuator with a modified and reidentified or new, improved actuator, 
having P/N 1703785A.
    (ii) If the RAT fully deploys without hesitation: Before further 
flight, perform a general visual inspection for galling of the 
piston rod of the RAT deployment actuator. If no evidence of galling 
is detected, repeat the inspection for galling at intervals not to 
exceed 1,200 flight hours or 5 months, whichever occurs first, and 
before further flight after each deployment of the RAT. If any 
evidence of galling is found, before further flight, replace the RAT 
deployment actuator with a modified and reidentified or new, 
improved RAT deployment actuator having P/N 1703785A. Replacing the 
RAT deployment actuator terminates the repetitive inspections 
required by this paragraph for that RAT deployment actuator only.

    Note 2: 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.''

    (3) If the part number of the RAT deployment actuator is P/N 
1703785, and the serial number is S/N 0191 through 0242 inclusive: 
Within 3,000 flight hours or 12 months after the effective date of 
this AD, whichever occurs first, reidentify the RAT deployment 
actuator with new P/N 1703785A in accordance with the applicable 
service bulletin.

Terminating Action for Repetitive Inspections

    (h) Within 3,000 flight hours or 12 months after the effective 
date of this AD, whichever occurs first: Replace all RAT deployment 
actuators having P/N 1703785 and having S/N 0004, 0005, or 0101 
through 0190 inclusive, with modified and reidentified or new, 
improved actuators having P/N 1703785A, in accordance with the 
applicable service bulletin. Replacing all of the RAT deployment 
actuators terminates the repetitive inspections required by 
paragraph (g)(2)(ii) of this AD.

Parts Installation

    (i) As of the effective date of this AD, no person may install a 
RAT deployment actuator having P/N 1703785 on any airplane.

Alternative Methods of Compliance (AMOCs)

    (j)(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

    (k) Brazilian airworthiness directives 2006-05-06, effective 
June 14, 2006, and 2006-05-09, effective June 19, 2006, also address 
the subject of this AD.

Material Incorporated by Reference

    (l) You must use EMBRAER Service Bulletin 170-24-0026, dated 
December 22, 2005; or EMBRAER Service Bulletin 190-24-0003, dated 
December 22, 2005; as applicable, 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 
these documents 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 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 February 12, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-2976 Filed 2-26-07; 8:45 am]
BILLING CODE 4910-13-P