Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69075 

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. 

Revision to the Airworthiness Limitations 

(AWL) Section 

(f) Within 30 days after the effective date 

of this AD: Revise the Airworthiness 

Limitations section of the Instructions for 

Continued Airworthiness of the Canadair 

Regional Jet Maintenance Requirements 

Manual (MRM), Part 2, Appendix B, 

‘‘Structural Airworthiness Limitations’’ by 

incorporating the information specified in 

AWL Number 53–61–153 of the Canadair 

Regional Jet Temporary Revision (TR) 2B–

2109, dated October 13, 2005, into the AWL 

section. Perform the applicable detailed and 

special detailed inspections for cracking of 

the aft pressure bulkhead, as specified in the 

TR, at the applicable compliance time 

specified in Table 1 of this AD. Repeat the 

detailed inspection thereafter at intervals not 

to exceed 1,085 flight cycles, and repeat the 

special detailed inspection thereafter at 

intervals not to exceed 4,360 flight cycles, in 

accordance with the procedures specified in 

Structural Airworthiness Limitations, AWL 

Number 53–61–153, as introduced by the 

MRM. 

TABLE 1.—COMPLIANCE TIMES FOR INITIAL INSPECTIONS

As of the effective date of this AD: If the total flight cycles accumulated 

on the airplane are— Inspect before the airplane accumulates—

8,000 or fewer .......................................................................................... 12,000 total flight cycles. 

More than 8,000 but fewer than 12,000 ................................................... 15,000 total flight cycles or within 4,000 flight cycles after the effective 

date of this AD, whichever is first. 

12,000 or more but fewer than 15,000 .................................................... 17,000 total flight cycles or within 3,000 flight cycles after the effective 

date of this AD, whichever is first. 

15,000 or more but fewer than 17,000 .................................................... 18,500 total flight cycles or within 2,000 flight cycles after the effective 

date of this AD, whichever is first. 

17,000 or more but fewer than 18,500 .................................................... 19,500 total flight cycles or within 1,500 flight cycles after the effective 

date of this AD, whichever is first. 

18,500 or more but fewer than 19,500 .................................................... 20,000 total flight cycles or within 1,000 flight cycles after the effective 

date of this AD, whichever is first. 

19,500 or more ......................................................................................... 500 flight cycles after the effective date of this AD. 

(g) When the information in AWL Number 

53–61–153 of the Canadair Regional Jet TR 

2B–2109, dated October 13, 2005, is included 

in the general revisions of the MRM, the 

general revisions may be inserted into the 

AWL section of the Instructions for 

Continued Airworthiness, and this 

information may be removed from the MRM. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, New York Aircraft 

Certification Office, 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 § 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) Canadian airworthiness directive CF–

2005–13R1, dated October 6, 2005, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(j) You must use Canadair Regional Jet 

Temporary Revision 2B–2109, dated October 

13, 2005, to the Canadair Regional Jet 

Maintenance Requirements Manual, Part 2, 

Appendix B, ‘‘Airworthiness Limitations,’’ 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 this document 

in accordance with 5 U.S.C. 552(a) and 1 CFR 

part 51. Contact Bombardier, Inc., Canadair, 

Aerospace Group, P.O. Box 6087, Station 

Centre-ville, Montreal, Quebec H3C 3G9, 

Canada, for a copy of this service 

information. You may review copies at the 

Docket Management Facility, U.S. 

Department of Transportation, 400 Seventh 

Street SW., room PL–401, Nassif Building, 

Washington, DC; on the Internet at http:// 

dms.dot.gov; or at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at the NARA, call (202) 741–6030, 

or go to http://www.archives.gov/federal_ 

register/code_of_federal_ regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on October 

31, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–22309 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22910; Directorate 

Identifier 2005–NM–208–AD; Amendment 

39–14372; AD 2005–23–14] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 airplanes. 

This AD requires repetitively replacing 

the low-stage check valve and 

associated seals of the right-hand engine 

bleed system. 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 

November 29, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of November 29, 2005. 

We must receive comments on this 

AD by January 13, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

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, 

69076 Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 

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 AD. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thompson, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 227–1175; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Departamento de Aviacao Civil 

(DAC), which is the airworthiness 

authority for Brazil, notified us that an 

unsafe condition may exist on all 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 airplanes. 

The DAC advises that there was an 

occurrence of an engine that shut down 

during flight. A low-stage check valve of 

the engine bleed system failed to close 

due to excessive wear. This condition, 

if not corrected, could result in an 

engine shutting down during flight. 

Relevant Service Information 

EMBRAER has issued Alert Service 

Bulletin 170–36–A004, dated September 

28, 2005. The alert service bulletin 

describes procedures for repetitively 

replacing the low-stage check valve and 

associated seals of the engine bleed 

system on the right-hand engine with a 

new check valve and new seals. The 

alert service bulletin also describes 

procedures to send the removed check 

valve to the manufacturer. The DAC 

mandated the alert service bulletin and 

issued Brazilian emergency 

airworthiness directive 2005–09–03, 

dated September 29, 2005, to ensure the 

continued airworthiness of these 

airplanes in Brazil. 

FAA’s Determination and Requirements 

of This AD 

This airplane model is manufactured 

in Brazil and is 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 DAC has kept the FAA informed of 

the situation described above. We have 

examined the DAC’s findings, evaluated 

all pertinent information, and 

determined that we need to issue an AD 

for products of this type design that are 

certificated for operation in the United 

States. 

Therefore, we are issuing this AD to 

prevent failure of the low-stage check 

valve, which could result in an engine 

shutting down during flight. This AD 

requires accomplishing the actions 

specified in the service information 

described previously, except as 

described below in ‘‘Difference Between 

this AD and the Alert Service Bulletin.’’

The manufacturer is developing 

further action on the check valves and 

the supply of check valves. Further 

action may involve action on the lefthand engine’s check valve. We may 

consider further rulemaking to require 

actions on the left-hand engine in 

addition to the actions required for the 

right-hand engine. 

Clarification of AD and Brazilian 

Airworthiness Directive Requirements 

The FAA recognizes that the unsafe 

condition could occur on both engines. 

Based on the most recent parts supply 

information from the manufacturer, 

there are not enough replacement check 

valves available to mandate actions on 

both engines without grounding 

airplanes for an indeterminate amount 

of time. However, there are enough 

check valves available to require action 

on one engine, which would reduce the 

possibility that both engines could have 

a failed check valve during a flight. We 

have considered the risks of a oneengine failure in comparison to a dualengine failure, and the efforts by the 

manufacturer to produce more 

replacement parts. Based on this 

assessment, we have determined that 

modifying one engine reduces the risk 

of a dual-engine failure to the level that 

such action is sufficient at this time to 

produce an acceptable level of safety. 

Difference Between This AD and the 

Alert Service Bulletin 

Operators should note that, although 

the Accomplishment Instructions of the 

referenced alert service bulletin 

describes procedures for sending 

removed check valves to the 

manufacturer, this AD does not require 

that action. 

Interim Action 

This is considered to be interim 

action until final action is identified, at 

which time the FAA may consider 

further rulemaking. 

FAA’s Determination of the Effective 

Date 

An unsafe condition exists that 

requires the immediate adoption of this 

AD; therefore, providing notice and 

opportunity for public comment before 

the AD is issued is impracticable, and 

good cause exists to make this AD 

effective in less than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements that affect flight safety and 

was not preceded by notice and an 

opportunity for public comment; 

however, we invite you to submit any 

relevant written data, views, or 

arguments regarding this AD. Send your 

comments to an address listed in the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2005–22910; Directorate Identifier 

2005–NM–208–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of the AD that might suggest a 

need to modify it. 

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 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. 

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 

Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Rules and Regulations 69077 

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 the 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 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 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The Federal Aviation 

Administration (FAA) amends § 39.13 

by adding the following new 

airworthiness directive (AD): 

2005–23–14 Empresa Brasileira de 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14372. Docket No. 

FAA–2005–22910; Directorate Identifier 

2005–NM–208–AD. 

Effective Date 

(a) This AD becomes effective November 

29, 2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

ERJ 170–100LR, –100 STD, –100SE, and –100 

SU 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. 

Replacement 

(f) Within 100 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 righthand 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. Repeat the 

replacement thereafter at intervals not to 

exceed 3,000 flight hours. 

Parts Installation 

(g) As of the effective date of this AD, no 

engine may be installed in the right-hand 

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. 

Alternative Methods of Compliance 

(AMOCs) 

(i)(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 § 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 

(j) Brazilian emergency airworthiness 

directive 2005–09–03, dated September 29, 

2005, also addresses the subject of this AD. 

Material Incorporated by Reference 

(k) You must use EMBRAER Alert Service 

Bulletin 170–36–A004, dated September 28, 

2005, 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 this document 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 Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., room PL–401, Nassif 

Building, Washington, DC; on the Internet at 

http://dms.dot.gov; or at the National 

Archives and Records Administration 

(NARA). For information on the availability 

of this material at the NARA, call (202) 741–

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

November 2, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–22442 Filed 11–10–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Airspace Docket No. 05–AWP–12] 

Establishment of a Class E Enroute 

Domestic Airspace Area, San Luis 

Obispo, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule, request for 

comments. 

SUMMARY: This action establishes a Class 

E enroute domestic airspace area west of 

San Luis Obispo, CA, to replace existing 

Class G uncontrolled airspace. 

DATES: 0901 UTC April 13, 2006. 

Comment date: Comments for inclusion 

in the Rules Docket must be received on 

or before December 14, 2005. 

ADDRESSES: Send comments on the 

direct final rule in triplicate to: Federal 

Aviation Administration, Attn: 

Manager, Airspace Branch, AWP–520, 

Docket No. 05–AWP–12, Western 

Terminal Operations, PO Box 92007, 

Worldway Postal Center, Los Angeles, 

California 90009. The official docket 

may be examined in the Office of the 

Assistant Chief Counsel, WesternPacific Region, Federal Aviation 

Administration, Room 6007, 15000 

Aviation Boulevard, Lawndale, 

California 90261. 

An informal docket may also be 

examined during normal business hours 

at the Office of the Manager, Airspace 

Branch, Western Terminal Operations at 

the above address. 

FOR FURTHER INFORMATION CONTACT: 

Francie Hope, Western Terminal