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, 

54248 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Rules and Regulations 

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 

■ 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): 

2005–19–01 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 enginedriven 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/federalregister/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