[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Rules and Regulations]
[Pages 54247-54248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18058]


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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.

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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,

[[Page 54248]]

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):

2005-19-01 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14266. Docket No. FAA-2005-21345; Directorate 
Identifier 2005-NM-005-AD.

Effective Date

    (a) This AD becomes effective October 19, 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 was prompted by 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.

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.

Inspection and Replacement if Necessary

    (f) Within 100 flight hours or 14 days after the effective date 
of this AD, whichever is first: Inspect the left and right hydraulic 
pressure tubes at the outlet of the engine-driven hydraulic pumps to 
determine the part and serial numbers, in accordance with Part I of 
the Accomplishment Instructions of EMBRAER Service Bulletin 170-29-
0001, dated August 9, 2004.
    (1) If neither hydraulic pressure tube has a serial number as 
identified in Part I of the service bulletin, then no further action 
is required by this paragraph.
    (2) If only one hydraulic pressure tube has a serial number as 
identified in Part I of the service bulletin: Within 600 flight 
hours after the inspection, replace the affected hydraulic pressure 
tube with a new hydraulic pressure tube, in accordance with Part III 
or Part IV, as applicable, of the service bulletin.
    (3) If both hydraulic pressure tubes have serial numbers as 
identified in Part I of the service bulletin: Before further flight, 
replace one of the affected hydraulic pressure tubes with a new 
hydraulic pressure tube, in accordance with Part III or Part IV, as 
applicable, of the service bulletin. Within 600 flight hours after 
the inspection, replace the other affected hydraulic pressure tube 
with a new hydraulic pressure tube, in accordance with Part III or 
Part IV, as applicable, of the service bulletin.

    Note 1: EMBRAER Service Bulletin 170-29-0001 refers to Macchi-
Hurel Dubois (MHD) Service Bulletin CF34-8E MHD 71-00-011, dated 
August 3, 2004, as an additional source of service information for 
inspecting the hydraulic pressure tubes to determine the part and 
serial numbers; and replacing hydraulic pressure tubes having 
certain serial numbers with new hydraulic pressure tube as 
applicable. Macchi-Hurel Dubois (MHD) Service Bulletin CF34-8E MHD 
71-00-011 is included in EMBRAER Service Bulletin 170-29-0001.

No Reporting Requirement

    (g) Although the service bulletin referenced in this AD 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

Parts Installation

    (h) As of the effective date of this AD, no person may install a 
hydraulic pressure pipe having any part and serial numbers 
identified in Part I of the Accomplishment Instructions of EMBRAER 
Service Bulletin 170-29-0001, dated August 9, 2004, on any airplane.

Alternative Methods of Compliance (AMOCs)

    (i) 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.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 170-29-0001, dated 
August 9, 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 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/cfr/ibr-locations.html.

    Issued in Renton, Washington, on September 6, 2005.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 05-18058 Filed 9-13-05; 8:45 am]
BILLING CODE 4910-13-P