AD 2007-07-10

[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Rules and Regulations]
[Pages 15814-15816]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E7-5885]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25419; Directorate Identifier 2006-NM-055-AD; 
Amendment 39-15007; AD 2007-07-10]
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 
certain EMBRAER Model ERJ 170 airplanes. This AD requires replacing the 
mini-latches on certain lavatory waste compartment doors with new, 
stronger latches, and other specified actions. This AD results from 
reports of certain lavatory waste compartment doors opening during 
flight due to movement of the waste compartment during takeoff, because 
the mini-latches installed on the doors of those compartments lose 
their strength over time. We are issuing this AD to prevent the 
inability of the waste compartment doors to adequately contain a fire 
inside the lavatory waste compartment, and consequent uncontained fire 
and smoke within a lavatory during flight.

DATES: This AD becomes effective May 8, 2007.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of May 8, 2007.

ADDRESSES: You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> 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, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the AD docket on the Internet at <a href="http://dms.dot.gov">http://dms.dot.gov</a> 
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 supplemental notice of proposed rulemaking (NPRM) 
to amend 14 CFR part 39 to include an AD that would apply to certain 
EMBRAER Model ERJ 170 airplanes. That supplemental NPRM was published 
in the Federal Register on January 26, 2007 (72 FR 3761). That 
supplemental NPRM proposed to require replacing the mini-latches on 
certain lavatory waste compartment doors with new, stronger latches, 
and other specified actions.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. No comments have been received on the 
supplemental NPRM or on the determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that 
air safety and the public interest require adopting the AD as proposed 
in the supplemental NPRM.

Costs of Compliance

    The following table provides the estimated costs for U.S. operators 
to comply with this AD.

[[Page 15815]]



                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                        Number of
                                               Average                    Cost per        U.S.-
           Action              Work hours    labor rate       Parts       airplane     registered    Fleet cost
                                              per hour                                  airplanes
----------------------------------------------------------------------------------------------------------------
Replacement of lavatory                 2           $80            $0          $160            75       $12,000
 waste compartment door
 latches....................
----------------------------------------------------------------------------------------------------------------

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.
    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

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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

2007-07-10 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15007. Docket No. FAA-2006-25419; Directorate 
Identifier 2006-NM-055-AD.

Effective Date

    (a) This AD becomes effective May 8, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, 
certificated in any category; as identified in EMBRAER Service 
Bulletin 170-25-0024, Revision 01, dated January 9, 2006.

Unsafe Condition

    (d) This AD results from reports of certain lavatory waste 
compartment doors opening during flight due to movement of the waste 
compartment during takeoff, because the mini-latches installed on 
those doors lose their strength over time. We are issuing this AD to 
prevent the inability of the waste compartment doors to adequately 
contain a fire inside the lavatory waste compartment, and consequent 
uncontained fire and smoke within a lavatory during flight.

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.

Replacement of Mini-Latches on Certain Lavatory Waste Compartment Doors

    (f) Within 700 flight hours after the effective date of this AD: 
Replace the mini-latches for the forward and aft lavatory waste 
compartment doors by accomplishing all the actions, except for the 
forward and aft lavatory mirror rework, specified in paragraphs 3.B. 
and 3.G. of paragraph 4., ``Appendix 1,'' of EMBRAER Service 
Bulletin 170-25-0024, Revision 01, dated January 9, 2006.

    Note 1: EMBRAER Service Bulletin 170-25-0024, Revision 01, dated 
January 9, 2006, refers to C & D Aerospace Service Bulletin 170-
18616-25-023, Revision 1, dated November 29, 2005, as an additional 
source of service information for replacing the mini-latches on 
certain lavatory waste compartment doors required by paragraph (f) 
of this AD.

Credit for Actions Done Using Previous Issue of Service Information

    (g) Replacements done before the effective date of this AD in 
accordance with paragraphs 3.B. and 3.G. of paragraph 4., ``Appendix 
1,'' of EMBRAER Service Bulletin 170-25-0024, dated July 21, 2005, 
are considered acceptable for compliance with the corresponding 
action specified in this AD.

Alternative Methods of Compliance (AMOCs)

    (h)(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.

Related Information

    (i) Brazilian airworthiness directive 2005-11-01, effective 
December 8, 2005, also addresses the subject of this AD.

Material Incorporated by Reference

    (j) You must use EMBRAER Service Bulletin 170-25-0024, Revision 
01, dated January 9, 2006, 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 FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington 
98057-3356; or at the National Archives and Records Administration 
(NARA). For information on the availability

[[Page 15816]]

of this material at NARA, call 202-741-6030, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">http://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued in Renton, Washington, on March 22, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-5885 Filed 4-2-07; 8:45 am]
BILLING CODE 4910-13-P