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in the MLG main fitting, which could result Parts Installation DEPARTMENT OF TRANSPORTATION
in reduced structural integrity of the MLG (k) As of the effective date of this AD, no
main fitting. Federal Aviation Administration
person may install, on any airplane, a
Compliance Messier-Dowty MLG, unless it has been
(e) You are responsible for having the inspected/repaired according to paragraph 14 CFR Part 39
actions required by this AD performed within (h) of this AD. [Docket No. FAA–2005–23475; Directorate
the compliance times specified, unless the Identifier 2005–NM–117–AD; Amendment
actions have already been done. Alternative Methods of Compliance
(AMOCs) 39–14518; AD 2006–06–09]
Airplane Flight Manual (AFM) Revision and RIN 2120–AA64
(l)(1) The Manager, International Branch,
Placard Installation
ANM–116, has the authority to approve
(f) Within 14 days after the effective date AMOCs for this AD, if requested in Airworthiness Directives; Empresa
of this AD, amend the Limitations section of Brasileira de Aeronautica S.A.
accordance with the procedures found in 14
the Fokker F.28 AFM to prohibit application (EMBRAER) Model ERJ 170 Airplanes
of brakes during backward movement of the CFR 39.19.
airplane. This may be done by inserting a (2) Before using any AMOC approved in AGENCY: Federal Aviation
copy of this AD in the AFM. accordance with § 39.19 on any airplane to Administration (FAA), Department of
which the AMOC applies, notify the Transportation (DOT).
Note 1: When a statement to prohibit
application of brakes during backward appropriate principal inspector in the FAA ACTION: Final rule.
movement of the airplane has been included Flight Standards Certificate Holding District
in the general revisions of the AFM, the Office. SUMMARY: The FAA is adopting a new
general revisions may be inserted into the Related Information airworthiness directive (AD) for all
AFM, and the copy of this AD may be EMBRAER Model ERJ 170 airplanes.
removed from the AFM. (m) Dutch airworthiness directives 2002– This AD requires revising the
115/2, dated October 8, 2004; and NL–2005– Airworthiness Limitations section (ALS)
(g) Within 14 days after the effective date
of this AD, affix a placard on the pedestal, 002, dated April 14, 2005, also address the of the airplane maintenance manual
next to the parking brake handle, having the subject of this AD. (AMM) to include new, specific
following wording: ‘‘APPLICATION OF Material Incorporated by Reference maintenance tasks related to the
BRAKES DURING BACKWARD MOVEMENT incorporation of a new horizontal
IS PROHIBITED.’’ (n) You must use Messier-Dowty Service
Bulletin F100–32–106, including Appendices stabilizer actuator. This AD also
Inspection and Corrective Action requires revising the ALS of the AMM
A through C and excluding Appendix D,
(h) At the applicable time specified in dated February 18, 2005; to perform the to include revised repetitive inspection
paragraph (h)(1) or (h)(2) of this AD: Do an actions that are required by this AD, unless intervals for certain tasks in the
eddy current inspection of the MLG main the AD specifies otherwise. The Director of maintenance plan related to the aileron
fittings and repair before further flight as and flap/slat flight controls system. This
the Federal Register approved the
applicable, in accordance with the AD results from safety assessments of
Accomplishment Instructions of Messier- incorporation by reference of this document
in accordance with 5 U.S.C. 552(a) and 1 CFR the aileron and flap/slat flight controls
Dowty Service Bulletin F100–32–106,
including Appendices A through C and part 51. Contact Fokker Services B.V., system, conducted after the type
excluding Appendix D, dated February 18, Technical Services Dept, P.O. Box 231, 2150 certification of the airplane, which
2005, except as provided by paragraphs (i) AE Nieuw-Vennep, the Netherlands, for a showed that some dormant faults did
and (j) of this AD. copy of this service information. You may not comply with the safety assessment
(1) For airplanes on which an inspection review copies at the Docket Management criteria. We are issuing this AD to
has not been done in accordance with Facility, U.S. Department of Transportation, prevent failure of the aileron and flap/
Messier-Dowty Service Bulletin F100–32– 400 Seventh Street, SW., room PL–401, slat controls system, which could result
104, Revision 2, dated October 30, 2003:
Nassif Building, Washington, DC; on the in reduced controllability of the
Within 3 months after the effective date of
this AD. Internet at http://dms.dot.gov; or at the airplane.
(2) For airplanes on which an inspection National Archives and Records DATES: This AD becomes effective April
has been done in accordance with Messier- Administration (NARA). For information on 26, 2006.
Dowty Service Bulletin F100–32–104, the availability of this material at the NARA, The Director of the Federal Register
Revision 2, dated October 30, 2003: Within call (202) 741–6030, or go to http:// approved the incorporation by reference
2,000 flight cycles since the last inspection www.archives.gov/federal_register/
done in accordance with the service bulletin
of a certain publication listed in the AD
code_of_federal_regulations/ as of April 26, 2006.
or within 3 months after the effective date of ibr_locations.html.
this AD, whichever occurs later. ADDRESSES: You may examine the AD
Issued in Renton, Washington, on March docket on the Internet at http://
Exceptions to the Service Bulletin 10, 2006. dms.dot.gov or in person at the Docket
(i) Where Messier-Dowty Service Bulletin Kalene C. Yanamura, Management Facility, U.S. Department
F100–32–106, including Appendices A
through C and excluding Appendix D, dated Acting Manager, Transport Airplane of Transportation, 400 Seventh Street,
February 18, 2005, specifies contacting the Directorate, Aircraft Certification Service. SW., Nassif Building, room PL–401,
manufacturer for repair: Before further flight, [FR Doc. 06–2674 Filed 3–21–06; 8:45 am] Washington, DC.
repair using a method approved by either the Contact Empresa Brasileira de
BILLING CODE 4910–13–P
Manager, International Branch, ANM–116, Aeronautica S.A. (EMBRAER), P.O. Box
Transport Airplane Directorate, FAA; or the 343—CEP 12.225, Sao Jose dos
Civil Aviation Authority—The Netherlands Campos—SP, Brazil, for service
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14366 Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations
Washington 98055–4056; telephone Aviation Programs, describes in more 2006–06–09 Empresa Brasileira de
(425) 227–1175; fax (425) 227–1149. detail the scope of the Agency’s Aeronautica S.A. (EMBRAER):
authority. Amendment 39–14518. Docket No.
SUPPLEMENTARY INFORMATION:
We are issuing this rulemaking under FAA–2005–23475; Directorate Identifier
Examining the Docket 2005–NM–117–AD.
the authority described in Subtitle VII,
You may examine the airworthiness Part A, Subpart III, Section 44701, Effective Date
directive (AD) docket on the Internet at ‘‘General requirements.’’ Under that (a) This AD becomes effective April 26,
http://dms.dot.gov or in person at the section, Congress charges the FAA with 2006.
Docket Management Facility office promoting safe flight of civil aircraft in
Affected ADs
between 9 a.m. and 5 p.m., Monday air commerce by prescribing regulations
for practices, methods, and procedures (b) None.
through Friday, except Federal holidays.
The Docket Management Facility office the Administrator finds necessary for Applicability
(telephone (800) 647–5227) is located on safety in air commerce. This regulation (c) This AD applies to all EMBRAER Model
the plaza level of the Nassif Building at is within the scope of that authority ERJ 170–100 LR, –100 STD, –100 SE, and
the street address stated in the because it addresses an unsafe condition –100 SU airplanes, certificated in any
ADDRESSES section. that is likely to exist or develop on category.
products identified in this rulemaking Unsafe Condition
Discussion action.
(d) This AD results from safety assessments
The FAA issued a notice of proposed Regulatory Findings of the aileron and flap/slat flight controls
rulemaking (NPRM) to amend 14 CFR system, conducted after the type certification
part 39 to include an AD that would We have determined that this AD will
of the airplane, which showed that some
apply to all EMBRAER Model ERJ 170 not have federalism implications under dormant faults did not comply with the
airplanes. That NPRM was published in Executive Order 13132. This AD will safety assessment criteria. We are issuing this
the Federal Register on January 4, 2006 not have a substantial direct effect on AD to prevent failure of the aileron and flap/
(71 FR 290). That NPRM proposed to the States, on the relationship between slat controls system, which could result in
require revising the Airworthiness the national government and the States, reduced controllability of the airplane.
Limitations section (ALS) of the or on the distribution of power and Compliance
airplane maintenance manual (AMM) to responsibilities among the various
(e) You are responsible for having the
include new, specific maintenance tasks levels of government.
actions required by this AD performed within
related to the incorporation of a new For the reasons discussed above, I the compliance times specified, unless the
horizontal stabilizer actuator. That certify that this AD: actions have already been done.
(1) Is not a ‘‘significant regulatory
NPRM also proposed to require revising Airplane Maintenance Manual (AMM)
action’’ under Executive Order 12866;
the ALS of the AMM to include revised (2) Is not a ‘‘significant rule’’ under Revisions
repetitive inspection intervals for DOT Regulatory Policies and Procedures (f) Within 30 days after the effective date
certain tasks in the maintenance plan (44 FR 11034, February 26, 1979); and of this AD: Revise the Airworthiness
related to the aileron and flap/slat flight (3) Will not have a significant Limitations section of the Instructions for
controls system. economic impact, positive or negative, Continued Airworthiness in the EMBRAER
on a substantial number of small entities 170 AMM to include revisions to the
Comments maintenance tasks and repetitive inspections
under the criteria of the Regulatory intervals, and applicable corrective actions
We provided the public the Flexibility Act.
opportunity to participate in the that are approved by either the Manager,
We prepared a regulatory evaluation International Branch, ANM–116, Transport
development of this AD. We have of the estimated costs to comply with Airplane Directorate, FAA; or the
considered the single comment this AD and placed it in the AD docket. Departmento de Aviacao Civil (DAC), (or its
received. The commenter, the Airline See the ADDRESSES section for a location delegated agent). The revisions in paragraphs
Pilots Association, International, to examine the regulatory evaluation. (f)(1) and (f)(2) of this AD are approved
supports the NPRM. methods.
List of Subjects in 14 CFR Part 39 (1) EMBRAER Temporary Revision (TR) 1–
Conclusion 3 of the EMBRAER 170 Maintenance Review
Air transportation, Aircraft, Aviation
We have carefully reviewed the safety, Incorporation by reference, Board (MRB) Report MRB–1621, dated
available data, including the comment December 27, 2004, to the EMBRAER 170
Safety.
received, and determined that air safety AMM includes revised repetitive inspection
and the public interest require adopting Adoption of the Amendment intervals for MRB tasks 27–11–00–002
(Operational Check of Control-Yoke
the AD as proposed. ■ Accordingly, under the authority Disconnect System) and 27–11–11–001
Costs of Compliance delegated to me by the Administrator, (Operational Check of Aileron Override
the FAA amends 14 CFR part 39 as Unit). Where the revision requires a
This AD will affect about 42 airplanes follows: compliance time that is less than 700 flight
of U.S. registry. The required actions hours after the effective date of this AD, do
will take about 1 work hour per PART 39—AIRWORTHINESS the action within 700 flight hours after the
airplane, at an average labor rate of $65 DIRECTIVES effective date of this AD. Thereafter, except
per work hour. Based on these figures, as provided by paragraph (h) of this AD, no
the estimated cost of the AD for U.S. ■ 1. The authority citation for part 39 alternative inspection intervals may be
operators is $2,730, or $65 per airplane. continues to read as follows: approved.
(2) The revised EMBRAER 170 AMM
Authority: 49 U.S.C. 106(g), 40113, 44701.
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Federal Register / Vol. 71, No. 55 / Wednesday, March 22, 2006 / Rules and Regulations 14367
27–11–03 .... 27–11–03–710–801–A, 27–11–03–720–801–A ....... January 25, 2005 .... Aileron Control Cable–Adjustment/Test.
27–41–01 .... 27–41–01–210–801–A, 27–41–01–220–801–A, 27– January 25, 2005 .... Horizontal Stabilizer Trim Actuator—Inspection/
41–01–220–802–A. Check.
27–81–01 .... 27–81–01–710–801–A .............................................. January 25, 2005 .... Slat Actuator—Adjustment/Test.
BILLING CODE 4910–13–P Management Facility, U.S. Department section of the proposed AD to refer to
of Transportation, 400 Seventh Street, Boeing Model 747–200B(SUD)SF, 747–
SW., Nassif Building, room PL–401, 300SF, and 747–400SF airplanes.
Washington, DC. Boeing notes that the Discussion section
Contact Boeing Commercial mentions Boeing 747–200B series
Airplanes, P.O. Box 3707, Seattle, airplanes modified under a Boeing-
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