Federal Aviation Administration (FAA), Department of Transportation (DOT).
Notice of proposed rulemaking (NPRM).
The FAA proposes to adopt a new airworthiness directive (AD) for all EMBRAER Model ERJ 170 series airplanes. This proposed AD would require inspecting the engine fire handles of the overhead panel in the cockpit, and replacing the engine fire handles if necessary. This proposed AD is prompted by reports of failure of the internal circuit of the engine fire handles of the overhead panel in the cockpit. We are proposing this AD to prevent failure of the internal circuit of the engine fire handles, which could result in failure of the fuel shut-off valves to close and failure of the fire extinguishing agent to discharge in the event of an engine fire.
We must receive comments on this proposed AD by April 7, 2005.
Use one of the following addresses to submit comments on this proposed 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.
- By 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 proposed AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343—CEP 12.225, Sao Jose dos Campos—SP, Brazil.
You can examine the contents of this 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., room PL-401, on the plaza level of the Nassif Building, Washington, DC. This docket number is FAA-2005-20501; the directorate identifier for this docket is 2004-NM-251-AD.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Tom Groves, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-1503; fax (425) 227-1149.End Further Info End Preamble Start Supplemental Information
We invite you to submit any relevant written data, views, or arguments regarding this proposed AD. Send your comments to an address listed under ADDRESSES. Include “Docket No. FAA-2005-20501; Directorate Identifier 2004-NM-251-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments submitted by the closing date and may amend the proposed AD in light of those comments.
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 proposed AD. Using the search function of our docket 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 can Start Printed Page 11173review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477-78), or you can visit http://dms.dot.gov.
Examining the Docket
You can 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 DMS receives them.
The Departmento de Aviacao Civil (DAC), which is the airworthiness authority for Brazil, notified us that an unsafe condition may exist on all EMBRAER Model ERJ 170 series airplanes. The DAC advises that the internal circuit of the engine fire handles of the overhead panel in the cockpit failed due to a design error of the flex circuit subassembly that was introduced with the engine fire handles. This condition, if not corrected, could result in failure of the fuel shut-off valves to close and failure of the fire extinguishing agent to discharge in the event of an engine fire.
Relevant Service Information
EMBRAER has issued Service Bulletin 170-26-0001, Revision 02, dated January 11, 2005. The service bulletin describes procedures for inspecting the engine fire handles of the overhead panel in the cockpit to determine the part number (P/N) installed, and replacing the engine fire handles with new ones if necessary. Accomplishing the actions specified in the service information is intended to adequately address the unsafe condition. The DAC mandated the service information and issued Brazilian airworthiness directive 2004-10-02, dated October 30, 2004, to ensure the continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of the Proposed 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 proposing this AD, which would require accomplishing the actions specified in the service information described previously.
Costs of Compliance
This proposed AD would affect about 24 airplanes of U.S. registry. The proposed inspection would take 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 proposed AD for U.S. operators is $1,560, or $65 per airplane.
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.
We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would 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 proposed 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 proposed AD. See the ADDRESSES section for a location to examine the regulatory evaluation.Start List of Subjects
List of Subjects in 14 CFR Part 39
- Air transportation
- Aviation safety
The Proposed Amendment
Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:Start Part
PART 39—AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD):
Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-2005-20501; Directorate Identifier 2004-NM-251-AD.
Comments Due Date
(a) The Federal Aviation Administration must receive comments on this AD action by April 7, 2005.
(c) This AD applies to all EMBRAER Model ERJ 170 series airplanes, certificated in any category.
(d) This AD was prompted by reports of failure of the internal circuit of the engine fire handles of the overhead panel in the cockpit. We are issuing this AD to prevent failure of the internal circuit of the engine fire handles, which could result in failure of the fuel shut-off valves to close and failure of the fire extinguishing agent to discharge in the event of an engine fire.
(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.
(f) Within 600 flight hours or 180 days after the effective date of this AD, whichever occurs first, inspect the engine fire handles of the overhead panel in the cockpit to determine the part number (P/N) installed, in accordance with the Accomplishment Instructions of EMBRAER Service Bulletin 170-26-0001, Revision 02, dated January 11, 2005.Start Printed Page 11174
(1) If only engine fire handles having P/N 1-7054-1 (left-hand side) and P/N 2-7054-1 (right-hand side) are found installed, no further action is required by this paragraph.
(2) If any engine fire handle having P/N 1-7054-2 (left-hand side) or P/N 2-7054-2 (right-hand side) is found installed, before further flight, replace the engine fire handle with a new engine fire handle having P/N 1-7054-1 (left-hand side) or P/N 2-7054-1 (right-hand side), as applicable, in accordance with the Accomplishment Instructions of the service bulletin.
(g) Applicable actions done before the effective date of this AD in accordance with EMBRAER Service Bulletin 170-26-0001, dated October 6, 2004; or Revision 01, dated November 3, 2004; are acceptable for compliance with the corresponding requirements of paragraph (f) of this AD.
(h) As of the effective date of this AD, no person may install a engine fire handle having P/N 1-7054-2 (left-hand side) or P/N 2-7054-2 (right-hand side), 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.
(j) Brazilian airworthiness directive 2004-10-02, dated October 30, 2004, also addresses the subject of this AD.
Issued in Renton, Washington, on February 28, 2005.
Manager, Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 05-4409 Filed 3-7-05; 8:45 am]
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