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[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Rules and Regulations]
[Pages 9237-9238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3363]

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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; 
Amendment 39-14963; AD 2007-05-02]
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: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
EMBRAER Model ERJ 170 and ERJ 190 airplanes. This AD requires 
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 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 issuing this AD to prevent an erroneous air 
speed indication, which could reduce the flightcrew's ability to 
control the airplane.

DATES: This AD becomes effective April 5, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of April 5, 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, 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 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 all EMBRAER Model ERJ 
170 and ERJ 190 airplanes. That NPRM was published in the Federal 
Register on November 20, 2006 (71 FR 67075). That NPRM proposed to 
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.

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.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 93 airplanes of U.S. registry. The required 
actions 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 
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 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.

[[Page 9238]]

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):

2007-05-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14963. Docket No. FAA-2006-26356; Directorate 
Identifier 2006-NM-166-AD.

Effective Date

    (a) This AD becomes effective April 5, 2007.

Affected ADs

    (b) None.

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 probe (ADSP) pneumatic 
passages. We are issuing this AD to prevent an erroneous air speed 
indication, which could reduce the flightcrew's 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, 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

    (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.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 170-34-0007, dated 
April 28, 2005; or EMBRAER Service Bulletin 190-34-0003, dated 
December 2, 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 98057-3356; 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 16, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-3363 Filed 2-28-07; 8:45 am]
BILLING CODE 4910-13-P
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