54244 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

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. 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 FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2005–18–10 Boeing: Amendment 39–14250. 

Docket No. FAA–2005–20475; 

Directorate Identifier 2004–NM–157–AD. 

Effective Date 

(a) This AD becomes effective October 19, 

2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to Boeing Model 777–

200 and –300 series airplanes, certificated in 

any category; as identified in Boeing Special 

Attention Service Bulletin 777–53–0042, 

dated April 15, 2004. 

Unsafe Condition 

(d) This AD results from reports of cracking 

of the aluminum splice plates under the floor 

panels in the cabin aisle. We are issuing this 

AD to prevent loss of the capability of the 

cabin floor and seat track structure to support 

the airplane interior inertia loads under 

emergency landing conditions. Loss of this 

support could lead to galley or seat 

separation from attached restraints, which 

could result in blocking of the emergency 

exits and consequent injury to passengers 

and crew. 

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. 

Modification 

(f) Within 60 months after the effective 

date of this AD: Except as provided by 

paragraph (g) of this AD, modify the splice 

plate assemblies installed under the floor 

panels at the forward and aft edges of the 

cabin aisle (including replacement of 

damaged fasteners with new fasteners) in 

accordance with the Accomplishment 

Instructions of Boeing Special Attention 

Service Bulletin 777–53–0042, dated April 

15, 2004. 

(g) The referenced service bulletin 

recommends marking the service bulletin 

number on the top of the floor panel 

assembly, but this AD does not require that 

action. 

Alternative Methods of Compliance 

(AMOCs) 

(h) The Manager, Seattle Aircraft 

Certification Office (ACO), FAA, has the 

authority to approve AMOCs for this AD, if 

requested in accordance with the procedures 

found in 14 CFR 39.19. 

Material Incorporated by Reference 

(i) You must use Boeing Special Attention 

Service Bulletin 777–53–0042, dated April 

15, 2004, 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 Boeing Commercial Airplanes, P.O. 

Box 3707, Seattle, Washington 98124–2207, 

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/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

September 2, 2005. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 05–17985 Filed 9–13–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21302; Directorate 

Identifier 2004–NM–189–AD; Amendment 

39–14267; AD 2005–19–02] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–110P1 and 

EMB–110P2 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

EMBRAER Model EMB–110P1 and 

EMB–110P2 airplanes. This AD requires 

repetitive inspections for corrosion or 

cracking of the rotating cylinder 

assembly in the nose landing gear 

(NLG), and related investigative/ 

corrective actions if necessary. This AD 

also requires the eventual replacement 

of the rotating cylinder assembly with a 

new part, which terminates the need for 

the repetitive inspections. This AD 

results from reports of corrosion on the 

NLG rotating cylinder assembly. We are 

issuing this AD to prevent cracks from 

emanating from corrosion pits in the 

NLG rotating cylinder assembly, which 

could result in failure of the NLG. 

DATES: Effective October 19, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of October 19, 2005. 

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 

98055–4056; 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 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54245 

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 EMB–

110P1 and EMB–110P2 airplanes. That 

NPRM was published in the Federal 

Register on May 25, 2005 (70 FR 30028). 

That NPRM proposed to require 

repetitive inspections for corrosion or 

cracking of the rotating cylinder 

assembly in the nose landing gear 

(NLG), and related investigative/ 

corrective actions if necessary. That 

NPRM also proposed to require the 

eventual replacement of the rotating 

cylinder assembly with a new part, 

which terminates the need for the 

repetitive inspections. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments on the NPRM 

that have been received from a single 

commenter. 

Request for Clarification of Paragraph 

(g) 

The commenter asks for clarification 

of the language used to identify the 

location of the instructions for the 

evaluation inspection specified in 

paragraph (g) of the NPRM. The 

commenter reiterates the language used 

in that paragraph and asks that 

paragraph (g) be changed to read, 

‘‘Within 150 flight hours or 4 months 

after the effective date of this AD, 

whichever is first: Perform the 

evaluation inspection for corrosion or 

cracking of the nose landing gear (NLG) 

rotating cylinder assembly, by doing all 

the actions specified in the Evaluation 

Inspection section of EMBRAER Service 

Bulletin 110–32–0088, Revision 03, Part 

II.’’ (Part II of the service bulletin is 

identified in the NPRM as the location 

of the procedures for performing the 

evaluation inspection.) 

We infer that the commenter is asking 

that paragraph (g) of this AD be changed 

to identify the exact location of the 

procedures used for accomplishing the 

evaluation inspection specified in the 

service bulletin. Those procedures are 

identified in the ‘‘Evaluation 

Inspection’’ section of the service 

bulletin (paragraph 2.3.1.1.). We agree 

and have identified that section in 

paragraph (g) for clarification. 

Request To Change Paragraph (h)(1) To 

Add Terminating Action 

The commenter asks that paragraph 

(h)(1) of the NPRM be changed to add 

that accomplishing the requirements 

specified in that paragraph would 

terminate the requirements specified in 

paragraph (i) of the NPRM. The 

commenter states that it is not necessary 

to replace the NLG rotating cylinder 

with a new one, as required by 

paragraph (i), if the bench detailed 

inspection specified in paragraph (h)(1) 

reveals no signs of corrosion or 

cracking. The commenter notes that the 

protective coating must be applied in 

order to resume normal operation of the 

airplane. The commenter reiterates the 

language used in paragraph (h)(1) and 

asks that it be changed to read, ‘‘If no 

corrosion or cracking is found during 

any inspection, before further flight: 

Perform all of the actions specified in 

the Protection Procedure section of 

EMBRAER Service Bulletin 110–32–

0088, Revision 03, Part II. Application 

of this protection on parts with no signs 

of corrosion or cracking terminates the 

requirement of paragraph (i).’’

We do not agree to change paragraph 

(h)(1) of the AD. Application of the 

protective coating on parts with no signs 

of corrosion or cracking does not 

terminate the requirements of paragraph 

(i) of the AD. Eventual replacement of 

the NLG is required regardless of 

inspection findings, and only that 

replacement terminates the repetitive 

inspections required by this AD. 

Clarification of Paragraph (f) and 

Note 1 

We have changed paragraph (f) and 

Note 1 of the NPRM to provide the 

correct service bulletin citation. 

Conclusion 

We have carefully reviewed the 

available data, including the comments 

that have been received, and determined 

that air safety and the public interest 

require adopting the AD with the 

changes described previously. These 

changes 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. 

ESTIMATED COSTS

Action Work 

hours 

Average 

labor rate 

per hour 

Parts cost Cost per 

airplane 

Number of 

U.S.-registered airplanes 

Fleet cost 

Inspections in Part II of service bulletin, per 

inspection cycle.

5 $65 None $325 30 $9,750, per inspection cycle. 

Application of protection compound .............. 2 65 None 130 30 $3,900. 

Replacement of rotating cylinder assembly 

(terminating action).

9 65 $38,000 38,585 30 $1,157,550. 

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 

54246 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

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 

■ 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): 

2005–19–02 Empresa Brasileira De 

Aeronautica S.A. (EMBRAER): 

Amendment 39–14267. Docket No. 

FAA–2005–21302; Directorate Identifier 

2004–NM–189–AD. 

Effective Date 

(a) This AD becomes effective October 19, 

2005. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to all EMBRAER Model 

EMB–110P1 and EMB–110P2 airplanes, 

certificated in any category. 

Unsafe Condition 

(d) This AD results from reports of 

corrosion on the rotating cylinder assembly 

in the nose landing gear (NLG). We are 

issuing this AD to prevent cracks from 

emanating from corrosion pits in the NLG 

rotating cylinder assembly, which could 

result in failure of the NLG. 

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 EMBRAER Service Bulletin 

110–32–0088, Revision 03, dated February 

11, 2004. 

Inspections and Related Investigative/ 

Corrective Actions 

(g) Within 150 flight hours or 4 months 

after the effective date of this AD, whichever 

is first: Perform the evaluation inspection for 

corrosion or cracking of the NLG rotating 

cylinder assembly, by doing all the actions in 

accordance with Part II, paragraph 2.3.1.1., 

‘‘Evaluation Inspection,’’ of the service 

bulletin. Depending on the results of the 

inspections, perform the applicable action 

specified in paragraph (g)(1), (g)(2), (g)(3), or 

(g)(4) of this AD. 

(1) If no corrosion or cracking is found: 

Perform the bench detailed inspection of the 

rotating cylinder assembly required by 

paragraph (h) of this AD at the time specified 

in paragraph (h) of this AD. 

(2) If only light corrosion is found: Repeat 

the inspection required by paragraph (g) of 

this AD thereafter at intervals not to exceed 

150 flight hours or 4 months, whichever 

occurs first, until the requirements specified 

in paragraph (h) or (i) of this AD are 

accomplished. 

(3) If severe corrosion is found: Before 

further flight, perform the bench detailed 

inspection of the rotating cylinder assembly 

required by paragraph (h) of this AD for 

evidence of further corrosion or cracking. 

Note 1: The criteria for determining light 

or severe corrosion are included in 

EMBRAER Service Bulletin 110–32–0088, 

Revision 03, dated February 11, 2004. The 

presence of oxidation is not considered to be 

corrosion. 

(4) If any cracking is found, before further 

flight: Replace the rotating cylinder assembly 

with a new part, in accordance with Part II 

of the service bulletin. Replacing the rotating 

cylinder assembly terminates the 

requirements of paragraphs (h) and (i) of this 

AD. 

Bench Inspections, Protection Procedures, 

and Corrective Actions 

(h) Within 600 flight hours or 12 months 

after the effective date of this AD, whichever 

occurs first: Perform the bench detailed 

inspection for corrosion or cracking of the 

NLG rotating cylinder assembly in 

accordance with Part II of the service 

bulletin. 

(1) If no corrosion or cracking is found 

during any inspection, before further flight: 

Perform all of the actions specified in Part II, 

paragraph 2.3.1.3., ‘‘Protection Procedure,’’ of 

the service bulletin. 

(2) If only light corrosion is found during 

any inspection, before further flight: Perform 

all of the actions specified in Part II, 

paragraph 2.3.1.3., ‘‘Protection Procedure,’’ of 

the service bulletin. Thereafter, repeat the 

inspection required by paragraph (g) of this 

AD at intervals not to exceed 600 flight hours 

or 9 months, whichever occurs first, until 

accomplishing paragraph (i) of this AD. 

(3) If any cracking or severe corrosion is 

found during any inspection, before further 

flight: Replace the rotating cylinder assembly 

with a new part in accordance with Part II 

of the service bulletin. Replacing the rotating 

cylinder assembly terminates the inspections 

required by paragraphs (g)(2) and (h)(2) of 

this AD. 

Replacement 

(i) If any NLG rotating cylinder assembly 

is found to have light corrosion during any 

inspection required by paragraph (g)(2) or 

(h)(2) of this AD, as applicable: Within 3,000 

flight hours or 36 months after the effective 

date of this AD, whichever occurs first, 

replace the NLG rotating cylinder assembly 

with a new part, in accordance with Part II 

of the service bulletin. Replacing the rotating 

cylinder assembly terminates the inspections 

required by paragraphs (g)(2) and (h)(2) of 

this AD. 

Actions Accomplished Previously 

(j) Actions accomplished before the 

effective date of this AD in accordance with 

EMBRAER Service Bulletin 110–32–0088, 

Revision 01, dated September 1, 2003; or 

EMBRAER Service Bulletin 110–32–0088, 

Revision 02, dated October 30, 2003; are 

acceptable for compliance with the 

corresponding requirements of this AD. 

Reporting Not Required 

(k) Where the service bulletin states to 

report inspection results to EMBRAER, that 

action is not required by this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(l) The Manager, International Branch, 

ANM–116, Transport Airplane Directorate, 

has the authority to approve AMOCs for this 

AD, if requested in accordance with the 

procedures found in 14 CFR 39.19. 

Related Information 

(m) Brazilian airworthiness directive 2004–

04–01R1, effective July 27, 2004, also 

addresses the subject of this AD. 

Material Incorporated by Reference 

(n) Unless otherwise specified in this AD, 

the actions must be done in accordance 

EMBRAER Service Bulletin 110–32–0088, 

Revision 03, dated February 11, 2004, which 

contains the following list of effective pages: 

Page No. 

Revision 

level shown 

on page 

Date shown on 

page 

1–8 ....... 03 February 11, 2004. 

2–7, 9 ... 01 September 1, 2003. 

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), 

Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 54247 

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 

September 6, 2005. 

Kalene C. Yanamura, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 05–18057 Filed 9–13–05; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–21345; Directorate 

Identifier 2005–NM–005–AD; Amendment 

39–14266; AD 2005–19–01] 

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. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

EMBRAER Model ERJ 170 airplanes. 

This AD requires inspecting the 

hydraulic pressure tubes at the outlet of 

the engine-driven hydraulic pumps to 

determine the part and serial numbers; 

and replacing hydraulic pressure tubes 

having certain serial numbers with new 

hydraulic pressure tubes. This AD 

results from failure of a hydraulic 

system due to leakage of hydraulic fluid 

from a crack in the pipe coming from 

the pressure side of the engine-driven 

pump. We are issuing this AD to 

prevent cracking of the hydraulic 

pressure pipes, which could result in 

failure of hydraulic system 1 or 2 or 

both, and consequent reduced 

controllability of the airplane. 

DATES: This AD becomes effective 

October 19, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of October 19, 2005. 

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 

98055–4056; 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 

airplanes. That NPRM was published in 

the Federal Register on June 3, 2005 (70 

FR 32544). That NPRM proposed to 

require inspecting the hydraulic 

pressure tubes at the outlet of the 

engine-driven hydraulic pumps to 

determine the part and serial numbers; 

and replacing hydraulic pressure tubes 

having certain serial numbers with new 

hydraulic pressure tubes. 

Comments 

We provided the public the 

opportunity to participate in the 

development of this AD. We have 

considered the comments received. 

Request To Withdraw NPRM 

One commenter, the airplane 

manufacturer, asserts that hydraulic 

pressure tubes having the affected serial 

numbers have been removed from all 

EMBRAER Model ERJ 170 airplanes. 

The commenter states that, since 

issuance of Brazilian airworthiness 

directive 2004–11–06, dated November 

29, 2004, the affected hydraulic pressure 

tubes have not been installed in 

production on EMBRAER Model ERJ 

170 airplanes. The commenter also 

states that, as of December 2004, 

EMBRAER Service Bulletin 170–29–

0001, dated August 9, 2004, has been 

accomplished on the entire worldwide 

fleet of Model ERJ 170 airplanes. We 

infer the commenter requests that we 

withdraw the NPRM. 

We do not agree. Even if the 

worldwide fleet is in compliance with 

the requirements of the AD, the issuance 

of the rule is still necessary to ensure 

that an affected spare part is not 

installed on any airplane in the future. 

The manufacturer has advised us that 

there are about five affected hydraulic 

pressure tubes that have not been 

destroyed or returned to the 

manufacturer. Issuance of this AD will 

ensure that an affected spare part is not 

installed on an airplane at some future 

time. Therefore, we cannot withdraw 

the NPRM. 

Change to Applicability 

We have revised the applicability of 

this AD to identify model designations 

as published in the most recent type 

certificate data sheet for the affected 

models. 

Change to Service Bulletin Reference 

We have revised the note in paragraph 

(f) of this AD to reference the correct 

service bulletin name of the secondary 

source of service information to 

EMBRAER Service Bulletin 170–29–

0001. 

Conclusion 

We have carefully reviewed the 

available data, including the comment 

received, 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. 

Costs of Compliance 

This AD affects about 27 airplanes of 

U.S. registry. The inspection takes about 

1 work hour per airplane, at an average 

labor rate of $65 per work hour. Based 

on these figures, the estimated cost of 

the inspection for U.S. operators is 

$1,755, or $65 per airplane. 

The replacement, if necessary, takes 

about 3 work hours per airplane, at an 

average labor rate of $65 per work hour. 

Required parts are $0 per airplane. 

Based on these figures, the estimated 

cost of the replacement is $195 per 

airplane, if necessary. 

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,