[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Proposed Rules]
[Pages 26008-26010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8761]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-28094; Directorate Identifier 2006-NM-258-AD]
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: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) that applies to all EMBRAER Model ERJ 170-100 LR, -100 
STD, -100 SE, and -100 SU airplanes. The existing AD currently requires 
repetitively replacing the low-stage check valve and associated seals 
of the right-hand engine bleed system. This proposed AD adds new 
airplanes to that existing requirement. For all airplanes, this 
proposed AD would also require 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 proposed 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 proposing this AD to prevent 
failure of the low-stage check valve, which could result in an engine 
shutting down during flight.

DATES: We must receive comments on this proposed AD by June 7, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed AD.
    <bullet> DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
    <bullet> Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590.
    <bullet> Fax: (202) 493-2251.
    <bullet> 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 ``Docket No. 
FAA-2007-28094; Directorate Identifier 2006-NM-258-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

    On November 2, 2005, we issued AD 2005-23-14, amendment 39-14372 
(70 FR 69075, November 14, 2005), for all EMBRAER Model ERJ 170-100 LR, 
-100 STD, -100 SE, and -100 SU airplanes. That AD requires repetitive 
replacement of the low-stage check valve and associated seals of the 
right-hand (RH) engine bleed system. That AD resulted from a report 
that an engine shut down during flight due to the failure of the low-
stage check valve to close. We issued that AD to prevent failure of the 
low-stage check valve, which could result in an engine shutting down 
during flight.

Actions Since Existing AD Was Issued

    When we issued AD 2005-23-14, we stated that the unsafe condition 
could occur on both the left-hand (LH) and RH engines and that we had 
determined that requiring repetitive replacement on only the RH engine 
was sufficient, at that time, for reducing the risk of a dual-engine 
failure to an acceptable level. Also, when we issued AD 2005-23-14, 
there were insufficient low-stage check valves available to replace the 
valves of both the LH and RH engine bleed systems. We have now 
determined that there are sufficient low-stage check valves to support 
replacing the valves of both the LH and RH engine bleed systems. We 
have further determined that it is necessary to require repetitive 
replacement of the LH low-stage check valve to further reduce the 
possibility for the failure of the low-stage check valve of both engine 
bleed systems at the same time.
    For Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes, the 
requirement to repetitively replace the RH low-stage check valve is 
contained in the airworthiness limitations for these airplanes. 
Therefore, for Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes, 
this proposed AD would only require repetitive replacement of the low-
stage check valves of the LH engine bleed system.

[[Page 26009]]

    Since we issued AD 2005-23-14, the Ag[ecirc]ncia Nacional de 
Avi[ccedil][atilde]o Civil (ANAC), which is the airworthiness authority 
for Brazil, has notified us that the unsafe condition addressed by AD 
2005-23-14 also exists on all EMBRAER Model ERJ 190 airplanes.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-36-0004, dated November 18, 
2005, for Model ERJ 170 airplanes; and Service Bulletin 190-36-0004, 
dated October 18, 2006, for Model ERJ 190 airplanes. The service 
bulletins describe procedures for repetitively replacing the low-stage 
check valve and associated seals of the engine bleed system of the LH 
and RH engines with a new check valve and new seals. The service 
bulletins also specify sending the removed check valve to the 
manufacturer. The ANAC mandated the service information and issued 
Brazilian airworthiness directive 2005-09-03R1, effective May 23, 2006, 
for all Model ERJ 170 airplanes; and Brazilian airworthiness directive 
2006-11-01R1, effective March 21, 2007, for all Model ERJ 190 
airplanes; to ensure the continued airworthiness of these airplanes in 
Brazil.

FAA's Determination and Requirements of the Proposed AD

    These airplanes 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 AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2005-23-14 and would retain the 
requirements of the existing AD. For Model ERJ 170 airplanes, this 
proposed AD would also require repetitive replacement of the low-stage 
check valve and associated seals of the engine bleed system of the LH 
engine with a new check valve and new seals. For Model ERJ 190 
airplanes, this proposed AD would require repetitive replacement of the 
low-stage check valve and associated seals of the engine bleed system 
of the LH and RH engines with new check valves and new seals.

Difference Between the Proposed AD and Service Bulletin

    Although EMBRAER Service Bulletins 170-36-0004 and 190-36-0004 
describe procedures for sending removed check valves to the 
manufacturer, this proposed AD does not require that action.

Interim Action

    This proposed 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 proposed AD. 
Once this modification is approved we may 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 
proposed AD. The parts manufacturer states that it will supply required 
parts to operators at no cost.

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                           Number of U.S.-
              Action                  Work hours      Cost per  airplane     registered          Fleet cost
                                                                              airplanes
----------------------------------------------------------------------------------------------------------------
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
 proposed action).
Replacement of RH check valves on                3  $240, per replacement              23  $5,520, per
 Model ERJ 190 airplanes (new                        cycle.                                 replacement cycle.
 proposed action).
Replacement of LH check valves on                3  $240, per replacement              23  $5,520, per
 Model ERJ 190 airplanes (new                        cycle.                                 replacement cycle.
 proposed action).
----------------------------------------------------------------------------------------------------------------

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.

[[Page 26010]]

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 
removing amendment 39-14372 (70 FR 69075, November 14, 2005) and adding 
the following new airworthiness directive (AD):

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

Comments Due Date

    (a) The FAA must receive comments on this AD action by June 7, 
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.

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. 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. 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; and EMBRAER Service Bulletin 190-36-0004, dated 
October 18, 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.

    Issued in Renton, Washington, on April 30, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-8761 Filed 5-7-07; 8:45 am]
BILLING CODE 4910-13-P