[Federal Register: January 10, 2007 (Volume 72, Number 6)]
[Rules and Regulations]
[Page 1146-1148]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja07-7]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-26797; Directorate Identifier 2006-NM-195-AD;
Amendment 39-14878; AD 2006-20-14]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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[[Page 1147]]
SUMMARY: This document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 2006-20-14 that was sent
previously to all known U.S. owners and operators of certain EMBRAER
Model ERJ 170 and ERJ 190 airplanes by individual notices. This AD
requires modification of certain flight deck door electronic equipment.
This AD is prompted by a report indicating that this equipment is
defective. We are issuing this AD to prevent failure of this equipment,
which could jeopardize flight safety.
DATES: This AD becomes effective January 16, 2007 to all persons except
those persons to whom it was made immediately effective by AD 2006-20-
14, issued October 10, 2006, which contained the requirements of this
amendment.
We must receive comments on this AD by March 12, 2007.
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, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For service information identified in this AD, contact Empresa
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao
Jose dos Campos--SP, Brazil.
FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1503; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION: On October 10, 2006, we issued emergency AD
2006-20-14, which applies to certain EMBRAER Model ERJ 170 and ERJ 190
airplanes. AD 2006-20-14 was sent to affected operators having
airplanes that have certain affected flight deck door electrical
equipment.
Background
We have received a report indicating that certain flight deck door
electrical equipment is defective. The defect, if not corrected, could
result in a failure of the equipment, which could jeopardize flight
safety.
Relevant Service Information
EMBRAER has issued Service Bulletin 170-52-0029, dated August 21,
2006 (for Model ERJ 170 airplanes); and Service Bulletin 190-52-0011,
dated August 21, 2006 (for Model ERJ 190 airplanes). The service
bulletins describe procedures for correcting the defect in the flight
deck door electrical equipment. Accomplishing the actions specified in
the service information is intended to adequately address the unsafe
condition. The Ag[ecirc]ncia Nacional de Aviac[atilde]o Civil (ANAC),
which is the airworthiness authority for Brazil, approved these service
bulletins.
FAA's Determination and Requirements of This AD
These airplane models 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 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.
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design, we issued emergency AD
2006-20-14 to prevent failure of certain flight deck door electronic
equipment, which could jeopardize flight safety. The AD requires
modifying the flight deck door electronic equipment using a method
approved by the Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA. The applicable EMBRAER service bulletin
previously described has been approved for this purpose.
We found that immediate corrective action was required; therefore,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on October 10, 2006, to all known U.S. owners and operators of
certain EMBRAER Model ERJ 170 and ERJ 190 airplanes. These conditions
still exist, and the AD is hereby published in the Federal Register as
an amendment to section 39.13 of the Federal Aviation Regulations (14
CFR 39.13) to make it effective to all persons. We are publishing this
AD to ensure that, in the event that persons who did not receive an
individual notice acquire an affected airplane that has not been
modified, these persons are aware of the AD, so they can make the
necessary modification.
Interim Action
This is considered to be interim action until final action is
identified, at which time we may consider further rulemaking.
Clarification of Alternative Method of Compliance (AMOC) Paragraph
We have revised this action to clarify the appropriate procedure
for notifying the principal inspector before using any approved AMOC on
any airplane to which the AMOC applies.
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-2007-
26797; Directorate Identifier 2006-NM-195-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
[[Page 1148]]
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 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.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If this
emergency regulation is later deemed significant under DOT Regulatory
Policies and Procedures, we will prepare a final regulatory evaluation
and place it in the AD Docket. See the ADDRESSES section for a location
to examine the regulatory evaluation, if filed.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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 FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
2006-20-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14878. Docket No. FAA-2007-26797; Directorate
Identifier 2006-NM-195-AD.
Effective Date
(a) This AD becomes effective January 16, 2007, to all persons
except those persons to whom it was made immediately effective by AD
2006-20-14, issued on October 10, 2006, which contained the
requirements of this amendment.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 STD, -200 LR, and -200 SU airplanes, and Model
ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; certificated in
any category; as identified in EMBRAER Service Bulletins SB No. 170-
52-0029 and SB No. 190-52-0011, both dated August 21, 2006.
Unsafe Condition
(d) This AD results from a report indicating that this equipment
is defective. We are issuing this AD to prevent failure of this
equipment, which could jeopardize flight safety.
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.
Transfer of Airplane and Requirement To Inform New Operator of This AD
(f) When an operator of an affected airplane sells or otherwise
transfers the airplane to another operator, the new operator must be
informed of this AD in a manner consistent with the procedures found
in 49 CFR part 15.
Replacement
(g) Within 60 days after the effective date of this AD, modify
the flight deck door electronic equipment in accordance with a
method approved by the Manager, International Branch, ANM-116,
Transport Airplane Directorate, FAA. Doing all actions in the
Accomplishment Instructions of the applicable EMBRAER service
bulletin identified in Table 1 of this AD is one approved method;
except where the applicable service bulletin specifies to send the
removed flight deck door electronic equipment to the manufacturer in
paragraph 3.C., that action is not necessary.
Table 1.--Service Bulletins
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For model-- EMBRAER service bulletin--
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(1) ERJ 170 airplanes..................... 170-52-0029, dated August
21, 2006.
(2) ERJ 190 airplanes..................... 190-52-0011, dated August
21, 2006.
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Parts Installation
(h) As of the effective date of this AD, no person may install
on any airplane any cockpit door control panel identified in
paragraph 1.A. of the applicable service bulletin in Table 1 of this
AD.
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 Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Issued in Renton, Washington, on December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E7-147 Filed 1-9-07; 8:45 am]
BILLING CODE 4910-13-P