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54244 Federal Register / Vol. 70, No.

177 / Wednesday, September 14, 2005 / Rules and Regulations

responsibilities among the various Compliance DEPARTMENT OF TRANSPORTATION


levels of government. (e) You are responsible for having the
For the reasons discussed above, I actions required by this AD performed within Federal Aviation Administration
certify that this AD: the compliance times specified, unless the
(1) Is not a ‘‘significant regulatory actions have already been done. 14 CFR Part 39
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under Modification [Docket No. FAA–2005–21302; Directorate
Identifier 2004–NM–189–AD; Amendment
DOT Regulatory Policies and Procedures (f) Within 60 months after the effective 39–14267; AD 2005–19–02]
(44 FR 11034, February 26, 1979); and date of this AD: Except as provided by
(3) Will not have a significant paragraph (g) of this AD, modify the splice RIN 2120–AA64
economic impact, positive or negative, plate assemblies installed under the floor
on a substantial number of small entities panels at the forward and aft edges of the
Airworthiness Directives; Empresa
under the criteria of the Regulatory cabin aisle (including replacement of
Brasileira de Aeronautica S.A.
Flexibility Act. damaged fasteners with new fasteners) in (EMBRAER) Model EMB–110P1 and
We prepared a regulatory evaluation accordance with the Accomplishment EMB–110P2 Airplanes
of the estimated costs to comply with Instructions of Boeing Special Attention AGENCY: Federal Aviation
this AD. See the ADDRESSES section for Service Bulletin 777–53–0042, dated April Administration (FAA), Department of
a location to examine the regulatory 15, 2004. Transportation (DOT).
evaluation. (g) The referenced service bulletin
ACTION: Final rule.
List of Subjects in 14 CFR Part 39 recommends marking the service bulletin
number on the top of the floor panel SUMMARY: The FAA is adopting a new
Air transportation, Aircraft, Aviation assembly, but this AD does not require that airworthiness directive (AD) for all
safety, Incorporation by reference, action. EMBRAER Model EMB–110P1 and
Safety. EMB–110P2 airplanes. This AD requires
Alternative Methods of Compliance
Adoption of the Amendment (AMOCs) repetitive inspections for corrosion or
cracking of the rotating cylinder
■ Accordingly, under the authority (h) The Manager, Seattle Aircraft
assembly in the nose landing gear
delegated to me by the Administrator, Certification Office (ACO), FAA, has the
(NLG), and related investigative/
the FAA amends 14 CFR part 39 as authority to approve AMOCs for this AD, if
requested in accordance with the procedures
corrective actions if necessary. This AD
follows: also requires the eventual replacement
found in 14 CFR 39.19.
PART 39—AIRWORTHINESS of the rotating cylinder assembly with a
Material Incorporated by Reference new part, which terminates the need for
DIRECTIVES
(i) You must use Boeing Special Attention the repetitive inspections. This AD
■ 1. The authority citation for part 39 Service Bulletin 777–53–0042, dated April results from reports of corrosion on the
continues to read as follows: 15, 2004, to perform the actions that are NLG rotating cylinder assembly. We are
Authority: 49 U.S.C. 106(g), 40113, 44701. required by this AD, unless the AD specifies issuing this AD to prevent cracks from
otherwise. The Director of the Federal emanating from corrosion pits in the
§ 39.13 [Amended] Register approved the incorporation by NLG rotating cylinder assembly, which
■ 2. The FAA amends § 39.13 by adding reference of this document in accordance could result in failure of the NLG.
the following new airworthiness with 5 U.S.C. 552(a) and 1 CFR part 51. DATES: Effective October 19, 2005.
directive (AD): Contact Boeing Commercial Airplanes, P.O. The Director of the Federal Register
2005–18–10 Boeing: Amendment 39–14250. Box 3707, Seattle, Washington 98124–2207, approved the incorporation by reference
Docket No. FAA–2005–20475; for a copy of this service information. You of a certain publication listed in the AD
Directorate Identifier 2004–NM–157–AD. may review copies at the Docket Management as of October 19, 2005.
Facility, U.S. Department of Transportation, ADDRESSES: You may examine the AD
Effective Date
400 Seventh Street SW., Room PL–401, docket on the Internet at http://
(a) This AD becomes effective October 19, Nassif Building, Washington, DC; on the
2005. dms.dot.gov or in person at the Docket
Internet at http://dms.dot.gov; or at the Management Facility, U.S. Department
Affected ADs National Archives and Records
of Transportation, 400 Seventh Street,
(b) None. Administration (NARA). For information on
SW., Nassif Building, Room PL–401,
the availability of this material at the NARA,
Applicability Washington, DC.
call (202) 741–6030, or go to http://
(c) This AD applies to Boeing Model 777–
Contact Empresa Brasileira de
www.archives.gov/federal-register/cfr/ibr-
200 and –300 series airplanes, certificated in Aeronautica S.A. (EMBRAER), P.O. Box
locations.html.
any category; as identified in Boeing Special 343–CEP 12.225, Sao Jose dos Campos—
Attention Service Bulletin 777–53–0042, Issued in Renton, Washington, on SP, Brazil, for service information
dated April 15, 2004. September 2, 2005. identified in this AD.
Unsafe Condition Ali Bahrami, FOR FURTHER INFORMATION CONTACT:
(d) This AD results from reports of cracking Manager, Transport Airplane Directorate, Todd Thompson, Aerospace Engineer,
of the aluminum splice plates under the floor Aircraft Certification Service. International Branch, ANM–116, FAA,
panels in the cabin aisle. We are issuing this [FR Doc. 05–17985 Filed 9–13–05; 8:45 am] Transport Airplane Directorate, 1601
AD to prevent loss of the capability of the BILLING CODE 4910–13–P
Lind Avenue, SW., Renton, Washington
cabin floor and seat track structure to support 98055–4056; telephone (425) 227–1175;
the airplane interior inertia loads under fax (425) 227–1149.
emergency landing conditions. Loss of this
support could lead to galley or seat SUPPLEMENTARY INFORMATION:
separation from attached restraints, which Examining the Docket
could result in blocking of the emergency
exits and consequent injury to passengers You may examine the AD docket on
and crew. the Internet at http://dms.dot.gov or in

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

person at the Docket Management in that paragraph and asks that airplane. The commenter reiterates the
Facility office between 9 a.m. and 5 paragraph (g) be changed to read, language used in paragraph (h)(1) and
p.m., Monday through Friday, except ‘‘Within 150 flight hours or 4 months asks that it be changed to read, ‘‘If no
Federal holidays. The Docket after the effective date of this AD, corrosion or cracking is found during
Management Facility office (telephone whichever is first: Perform the any inspection, before further flight:
(800) 647–5227) is located on the plaza evaluation inspection for corrosion or Perform all of the actions specified in
level of the Nassif Building at the street cracking of the nose landing gear (NLG) the Protection Procedure section of
address stated in the ADDRESSES section. rotating cylinder assembly, by doing all EMBRAER Service Bulletin 110–32–
Discussion the actions specified in the Evaluation 0088, Revision 03, Part II. Application
Inspection section of EMBRAER Service of this protection on parts with no signs
The FAA issued a notice of proposed Bulletin 110–32–0088, Revision 03, Part of corrosion or cracking terminates the
rulemaking (NPRM) to amend 14 CFR II.’’ (Part II of the service bulletin is requirement of paragraph (i).’’
part 39 to include an AD that would identified in the NPRM as the location We do not agree to change paragraph
apply to all EMBRAER Model EMB– of the procedures for performing the (h)(1) of the AD. Application of the
110P1 and EMB–110P2 airplanes. That evaluation inspection.) protective coating on parts with no signs
NPRM was published in the Federal We infer that the commenter is asking of corrosion or cracking does not
Register on May 25, 2005 (70 FR 30028). that paragraph (g) of this AD be changed terminate the requirements of paragraph
That NPRM proposed to require (i) of the AD. Eventual replacement of
to identify the exact location of the
repetitive inspections for corrosion or
procedures used for accomplishing the the NLG is required regardless of
cracking of the rotating cylinder
evaluation inspection specified in the inspection findings, and only that
assembly in the nose landing gear
service bulletin. Those procedures are replacement terminates the repetitive
(NLG), and related investigative/
identified in the ‘‘Evaluation inspections required by this AD.
corrective actions if necessary. That
Inspection’’ section of the service
NPRM also proposed to require the Clarification of Paragraph (f) and
bulletin (paragraph 2.3.1.1.). We agree
eventual replacement of the rotating Note 1
and have identified that section in
cylinder assembly with a new part,
paragraph (g) for clarification. We have changed paragraph (f) and
which terminates the need for the
repetitive inspections. Note 1 of the NPRM to provide the
Request To Change Paragraph (h)(1) To
correct service bulletin citation.
Comments Add Terminating Action
Conclusion
We provided the public the The commenter asks that paragraph
opportunity to participate in the (h)(1) of the NPRM be changed to add We have carefully reviewed the
development of this AD. We have that accomplishing the requirements available data, including the comments
considered the comments on the NPRM specified in that paragraph would that have been received, and determined
that have been received from a single terminate the requirements specified in that air safety and the public interest
commenter. paragraph (i) of the NPRM. The require adopting the AD with the
commenter states that it is not necessary changes described previously. These
Request for Clarification of Paragraph to replace the NLG rotating cylinder changes will neither increase the
(g) with a new one, as required by economic burden on any operator nor
The commenter asks for clarification paragraph (i), if the bench detailed increase the scope of the AD.
of the language used to identify the inspection specified in paragraph (h)(1)
Costs of Compliance
location of the instructions for the reveals no signs of corrosion or
evaluation inspection specified in cracking. The commenter notes that the The following table provides the
paragraph (g) of the NPRM. The protective coating must be applied in estimated costs for U.S. operators to
commenter reiterates the language used order to resume normal operation of the comply with this AD.

ESTIMATED COSTS
Number of
Average
Work Cost per U.S.-reg-
Action labor rate Parts cost Fleet cost
hours airplane istered air-
per hour planes

Inspections in Part II of service bulletin, per 5 $65 None $325 30 $9,750, per inspection cycle.
inspection cycle.
Application of protection compound .............. 2 65 None 130 30 $3,900.
Replacement of rotating cylinder assembly 9 65 $38,000 38,585 30 $1,157,550.
(terminating action).

Authority for This Rulemaking We are issuing this rulemaking under is within the scope of that authority
the authority described in subtitle VII, because it addresses an unsafe condition
Title 49 of the United States Code part A, subpart III, section 44701, that is likely to exist or develop on
specifies the FAA’s authority to issue ‘‘General requirements.’’ Under that products identified in this rulemaking
rules on aviation safety. Subtitle I, section, Congress charges the FAA with action.
section 106, describes the authority of promoting safe flight of civil aircraft in
the FAA Administrator. Subtitle VII, Regulatory Findings
air commerce by prescribing regulations
Aviation Programs, describes in more for practices, methods, and procedures We have determined that this AD will
detail the scope of the Agency’s the Administrator finds necessary for not have federalism implications under
authority. safety in air commerce. This regulation Executive Order 13132. This AD will

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

not have a substantial direct effect on rotating cylinder assembly, which could all of the actions specified in Part II,
the States, on the relationship between result in failure of the NLG. paragraph 2.3.1.3., ‘‘Protection Procedure,’’ of
the national government and the States, the service bulletin. Thereafter, repeat the
Compliance inspection required by paragraph (g) of this
or on the distribution of power and (e) You are responsible for having the AD at intervals not to exceed 600 flight hours
responsibilities among the various actions required by this AD performed within or 9 months, whichever occurs first, until
levels of government. the compliance times specified, unless the accomplishing paragraph (i) of this AD.
For the reasons discussed above, I actions have already been done. (3) If any cracking or severe corrosion is
certify that this AD: found during any inspection, before further
Service Bulletin Reference
(1) Is not a ‘‘significant regulatory flight: Replace the rotating cylinder assembly
action’’ under Executive Order 12866; (f) The term ‘‘service bulletin,’’ as used in with a new part in accordance with Part II
this AD, means the Accomplishment of the service bulletin. Replacing the rotating
(2) Is not a ‘‘significant rule’’ under Instructions of EMBRAER Service Bulletin
DOT Regulatory Policies and Procedures cylinder assembly terminates the inspections
110–32–0088, Revision 03, dated February required by paragraphs (g)(2) and (h)(2) of
(44 FR 11034, February 26, 1979); and 11, 2004. this AD.
(3) Will not have a significant
economic impact, positive or negative, Inspections and Related Investigative/ Replacement
Corrective Actions
on a substantial number of small entities (i) If any NLG rotating cylinder assembly
under the criteria of the Regulatory (g) Within 150 flight hours or 4 months is found to have light corrosion during any
Flexibility Act. after the effective date of this AD, whichever inspection required by paragraph (g)(2) or
is first: Perform the evaluation inspection for (h)(2) of this AD, as applicable: Within 3,000
We prepared a regulatory evaluation corrosion or cracking of the NLG rotating flight hours or 36 months after the effective
of the estimated costs to comply with cylinder assembly, by doing all the actions in date of this AD, whichever occurs first,
this AD and placed it in the AD docket. accordance with Part II, paragraph 2.3.1.1., replace the NLG rotating cylinder assembly
See the ADDRESSES section for a location ‘‘Evaluation Inspection,’’ of the service with a new part, in accordance with Part II
to examine the regulatory evaluation. bulletin. Depending on the results of the of the service bulletin. Replacing the rotating
inspections, perform the applicable action cylinder assembly terminates the inspections
List of Subjects in 14 CFR Part 39 specified in paragraph (g)(1), (g)(2), (g)(3), or required by paragraphs (g)(2) and (h)(2) of
Air transportation, Aircraft, Aviation (g)(4) of this AD. this AD.
safety, Incorporation by reference, (1) If no corrosion or cracking is found:
Perform the bench detailed inspection of the Actions Accomplished Previously
Safety. rotating cylinder assembly required by (j) Actions accomplished before the
Adoption of the Amendment paragraph (h) of this AD at the time specified effective date of this AD in accordance with
in paragraph (h) of this AD. EMBRAER Service Bulletin 110–32–0088,
■ Accordingly, under the authority (2) If only light corrosion is found: Repeat Revision 01, dated September 1, 2003; or
delegated to me by the Administrator, the inspection required by paragraph (g) of EMBRAER Service Bulletin 110–32–0088,
the FAA amends 14 CFR part 39 as this AD thereafter at intervals not to exceed Revision 02, dated October 30, 2003; are
follows: 150 flight hours or 4 months, whichever acceptable for compliance with the
occurs first, until the requirements specified corresponding requirements of this AD.
PART 39—AIRWORTHINESS in paragraph (h) or (i) of this AD are
accomplished. Reporting Not Required
DIRECTIVES (3) If severe corrosion is found: Before (k) Where the service bulletin states to
■ 1. The authority citation for part 39 further flight, perform the bench detailed report inspection results to EMBRAER, that
inspection of the rotating cylinder assembly action is not required by this AD.
continues to read as follows:
required by paragraph (h) of this AD for
Authority: 49 U.S.C. 106(g), 40113, 44701. evidence of further corrosion or cracking. Alternative Methods of Compliance
(AMOCs)
§ 39.13 [Amended] Note 1: The criteria for determining light
(l) The Manager, International Branch,
or severe corrosion are included in
■ 2. The Federal Aviation ANM–116, Transport Airplane Directorate,
EMBRAER Service Bulletin 110–32–0088,
has the authority to approve AMOCs for this
Administration (FAA) amends § 39.13 Revision 03, dated February 11, 2004. The
AD, if requested in accordance with the
by adding the following new presence of oxidation is not considered to be
procedures found in 14 CFR 39.19.
airworthiness directive (AD): corrosion.
(4) If any cracking is found, before further Related Information
2005–19–02 Empresa Brasileira De
Aeronautica S.A. (EMBRAER): flight: Replace the rotating cylinder assembly (m) Brazilian airworthiness directive 2004–
Amendment 39–14267. Docket No. with a new part, in accordance with Part II 04–01R1, effective July 27, 2004, also
FAA–2005–21302; Directorate Identifier of the service bulletin. Replacing the rotating addresses the subject of this AD.
2004–NM–189–AD. cylinder assembly terminates the
requirements of paragraphs (h) and (i) of this Material Incorporated by Reference
Effective Date AD. (n) Unless otherwise specified in this AD,
(a) This AD becomes effective October 19, the actions must be done in accordance
Bench Inspections, Protection Procedures, EMBRAER Service Bulletin 110–32–0088,
2005. and Corrective Actions Revision 03, dated February 11, 2004, which
Affected ADs (h) Within 600 flight hours or 12 months contains the following list of effective pages:
(b) None. after the effective date of this AD, whichever
occurs first: Perform the bench detailed Revision
Applicability inspection for corrosion or cracking of the Date shown on
Page No. level shown page
(c) This AD applies to all EMBRAER Model NLG rotating cylinder assembly in on page
EMB–110P1 and EMB–110P2 airplanes, accordance with Part II of the service
certificated in any category. bulletin. 1–8 ....... 03 February 11, 2004.
(1) If no corrosion or cracking is found 2–7, 9 ... 01 September 1, 2003.
Unsafe Condition during any inspection, before further flight:
(d) This AD results from reports of Perform all of the actions specified in Part II, The Director of the Federal Register approved
corrosion on the rotating cylinder assembly paragraph 2.3.1.3., ‘‘Protection Procedure,’’ of the incorporation by reference of this
in the nose landing gear (NLG). We are the service bulletin. document in accordance with 5 U.S.C. 552(a)
issuing this AD to prevent cracks from (2) If only light corrosion is found during and 1 CFR part 51. Contact Empresa
emanating from corrosion pits in the NLG any inspection, before further flight: Perform Brasileira de Aeronautica S.A. (EMBRAER),

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

P.O. Box 343—CEP 12.225, Sao Jose dos dms.dot.gov or in person at the Docket 0001, dated August 9, 2004, has been
Campos—SP, Brazil, for a copy of this service Management Facility, U.S. Department accomplished on the entire worldwide
information. You may review copies at the of Transportation, 400 Seventh Street fleet of Model ERJ 170 airplanes. We
Docket Management Facility, U.S.
Department of Transportation, 400 Seventh
SW., Nassif Building, Room PL–401, infer the commenter requests that we
Street, SW., Room PL–401, Nassif Building, Washington, DC. withdraw the NPRM.
Washington, DC; on the Internet at http:// Contact Empresa Brasileira de We do not agree. Even if the
dms.dot.gov; or at the National Archives and Aeronautica S.A. (EMBRAER), P.O. Box worldwide fleet is in compliance with
Records Administration (NARA). 343—CEP 12.225, Sao Jose dos the requirements of the AD, the issuance
For information on the availability of this Campos—SP, Brazil, for service of the rule is still necessary to ensure
material at the NARA, call (202) 741–6030, information identified in this AD. that an affected spare part is not
or go to http://www.archives.gov/ FOR FURTHER INFORMATION CONTACT: installed on any airplane in the future.
federal_register/code_of_federal_regulations/
ibr_locations.html. Todd Thompson, Aerospace Engineer, The manufacturer has advised us that
International Branch, ANM–116, FAA, there are about five affected hydraulic
Issued in Renton, Washington, on Transport Airplane Directorate, 1601 pressure tubes that have not been
September 6, 2005.
Lind Avenue, SW., Renton, Washington destroyed or returned to the
Kalene C. Yanamura, 98055–4056; telephone (425) 227–1175; manufacturer. Issuance of this AD will
Acting Manager, Transport Airplane fax (425) 227–1149. ensure that an affected spare part is not
Directorate, Aircraft Certification Service. installed on an airplane at some future
SUPPLEMENTARY INFORMATION:
[FR Doc. 05–18057 Filed 9–13–05; 8:45 am] time. Therefore, we cannot withdraw
BILLING CODE 4910–13–P Examining the Docket the NPRM.
You may examine the airworthiness
directive (AD) docket on the Internet at Change to Applicability
DEPARTMENT OF TRANSPORTATION http://dms.dot.gov or in person at the We have revised the applicability of
Docket Management Facility office this AD to identify model designations
Federal Aviation Administration
between 9 a.m. and 5 p.m., Monday as published in the most recent type
through Friday, except Federal holidays. certificate data sheet for the affected
14 CFR Part 39
The Docket Management Facility office models.
[Docket No. FAA–2005–21345; Directorate (telephone (800) 647–5227) is located on
Identifier 2005–NM–005–AD; Amendment Change to Service Bulletin Reference
the plaza level of the Nassif Building at
39–14266; AD 2005–19–01] the street address stated in the We have revised the note in paragraph
RIN 2120–AA64 ADDRESSES section. (f) of this AD to reference the correct
service bulletin name of the secondary
Discussion source of service information to
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A. The FAA issued a notice of proposed EMBRAER Service Bulletin 170–29–
(EMBRAER) Model ERJ 170 Airplanes rulemaking (NPRM) to amend 14 CFR 0001.
part 39 to include an AD that would
AGENCY: Federal Aviation apply to all EMBRAER Model ERJ 170 Conclusion
Administration (FAA), Department of airplanes. That NPRM was published in We have carefully reviewed the
Transportation (DOT). the Federal Register on June 3, 2005 (70 available data, including the comment
ACTION: Final rule. FR 32544). That NPRM proposed to received, and determined that air safety
require inspecting the hydraulic and the public interest require adopting
SUMMARY: The FAA is adopting a new
pressure tubes at the outlet of the the AD with the changes described
airworthiness directive (AD) for all
engine-driven hydraulic pumps to previously. We have determined that
EMBRAER Model ERJ 170 airplanes.
determine the part and serial numbers; these changes will neither increase the
This AD requires inspecting the
and replacing hydraulic pressure tubes economic burden on any operator nor
hydraulic pressure tubes at the outlet of
having certain serial numbers with new increase the scope of the AD.
the engine-driven hydraulic pumps to
determine the part and serial numbers; hydraulic pressure tubes. Costs of Compliance
and replacing hydraulic pressure tubes Comments This AD affects about 27 airplanes of
having certain serial numbers with new We provided the public the U.S. registry. The inspection takes about
hydraulic pressure tubes. This AD opportunity to participate in the 1 work hour per airplane, at an average
results from failure of a hydraulic development of this AD. We have labor rate of $65 per work hour. Based
system due to leakage of hydraulic fluid considered the comments received. on these figures, the estimated cost of
from a crack in the pipe coming from the inspection for U.S. operators is
the pressure side of the engine-driven Request To Withdraw NPRM
$1,755, or $65 per airplane.
pump. We are issuing this AD to One commenter, the airplane The replacement, if necessary, takes
prevent cracking of the hydraulic manufacturer, asserts that hydraulic about 3 work hours per airplane, at an
pressure pipes, which could result in pressure tubes having the affected serial average labor rate of $65 per work hour.
failure of hydraulic system 1 or 2 or numbers have been removed from all Required parts are $0 per airplane.
both, and consequent reduced EMBRAER Model ERJ 170 airplanes. Based on these figures, the estimated
controllability of the airplane. The commenter states that, since cost of the replacement is $195 per
DATES: This AD becomes effective issuance of Brazilian airworthiness airplane, if necessary.
October 19, 2005. directive 2004–11–06, dated November
The Director of the Federal Register 29, 2004, the affected hydraulic pressure Authority for This Rulemaking
approved the incorporation by reference tubes have not been installed in Title 49 of the United States Code
of a certain publication listed in the AD production on EMBRAER Model ERJ specifies the FAA’s authority to issue
as of October 19, 2005. 170 airplanes. The commenter also rules on aviation safety. Subtitle I,
ADDRESSES: You may examine the AD states that, as of December 2004, Section 106, describes the authority of
docket on the Internet at http:// EMBRAER Service Bulletin 170–29– the FAA Administrator. Subtitle VII,

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