Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 and ERJ 190 Airplanes, 1146-1148 [E7-147]

Download as PDF 1146 Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Rules and Regulations (3) For Group 2 airplanes identified in the service bulletin: Within 18 months after February 24, 2004, replace the existing fairlead with a new clamp, and install new tape. New Requirements of This AD General Visual Inspection (j) For airplanes identified as Group 1, configurations 3 and 4, and Group 2, configuration 2, in Boeing Alert Service Bulletin (ASB) MD11–54A011, Revision 3, dated November 9, 2005: Within 30 days after the effective date of this AD, do a general visual inspection for proper clearance and damage of the power feeder cables of the IDG and the fuel feed lines of engine pylons No. 1 and No. 3 on the wings, in accordance with the Accomplishment Instructions of Boeing ASB MD11–54A011, Revision 3, dated November 9, 2005. mstockstill on PROD1PC61 with RULES Condition 1: Proper Clearance and No Damage (k) For airplanes identified as Group 1, configurations 3 and 4, and Group 2, configuration 2, in Boeing ASB MD11– 54A011, Revision 3, dated November 9, 2005: If proper clearance exists and no damage is detected during any inspection required by paragraph (j) of this AD, do the actions specified in paragraphs (k)(1), (k)(2), and (k)(3) of this AD, as applicable, in accordance with the Accomplishment Instructions of Boeing ASB MD11–54A011, Revision 3, dated November 9, 2005. Accomplishment of the actions specified in paragraph (k)(2) or (k)(3) of this AD, as applicable, terminates the inspection requirements of paragraph (k)(1) of this AD. (1) For Group 1 airplanes, configurations 3 and 4, and Group 2, configuration 2: Repeat the inspection required by paragraph (j) of this AD thereafter at intervals not to exceed 6 months, until the actions specified in paragraph (k)(2) or (k)(3) of this AD, as applicable, are accomplished. (2) For Group 1 airplanes, configuration 3: Within 18 months after the effective date of this AD, install IDG harness support brackets and modify the IDG power feeder cable installations. (3) For Group 1 airplanes, configuration 4, and Group 2, configuration 2: Within 18 months after the effective date of this AD, modify the IDG power feeder cable installations. Condition 2: Improper Clearance and No Damage (l) For airplanes identified as Group 1, configurations 3 and 4, and Group 2, configuration 2, in Boeing ASB MD11– 54A011, Revision 3, dated November 9, 2005: If improper clearance exists and no damage is detected during any inspection required by paragraph (j) of this AD, do the actions specified in paragraphs (l)(1), (l)(2), and (l)(3) of this AD, as applicable, in accordance with the Accomplishment Instructions of Boeing ASB MD11–54A011, Revision 3, dated November 9, 2005. Accomplishment of the actions specified in paragraph (l)(2) or (l)(3) of this AD, as applicable, terminates the repetitive inspections required in paragraph (l)(1) of this AD. VerDate Aug<31>2005 14:45 Jan 09, 2007 Jkt 211001 (1) Before further flight, reposition the cables. Repeat the inspection required by paragraph (j) of this AD thereafter at intervals not to exceed 6 months, until the actions specified by paragraph (l)(2) or (l)(3) of this AD, as applicable, are accomplished. (2) For Group 1 airplanes, configuration 3: Within 18 months after the effective date of this AD, install IDG harness support brackets and modify the IDG power feeder cable installations. (3) For Group 1 airplanes, configuration 4, and Group 2 airplanes, configuration 2: Within 18 months after the effective date of this AD, modify the IDG power feeder cable installations. Condition 3: Improper Clearance and Damage Detected (m) For airplanes identified as Group 1, configurations 3 and 4, and Group 2, configuration 2, in Boeing ASB MD11– 54A011, Revision 3, dated November 9, 2005: If improper clearance exists and there is any damage to the cables, structure, or fuel feed line, do the actions specified in paragraphs (m)(1), (m)(2), and (m)(3) of this AD, as applicable, in accordance with the Accomplishment Instructions of Boeing ASB MD11–54A011, Revision 3, dated November 9, 2005. Accomplishment of the actions specified in paragraph (m)(2) or (m)(3) of this AD, as applicable, terminates the repetitive inspection requirements of paragraph (m)(1) of this AD. (1) Before further flight, reposition cables and repair damage or replace damaged cables or fuel feed lines with new or serviceable cables or fuel feed lines. Repeat the inspection required by paragraph (j) of this AD thereafter at intervals not to exceed 6 months, until the actions specified by paragraph (m)(2) or (m)(3) of this AD, as applicable, are accomplished. (2) For Group 1 airplanes, configuration 3: Within 18 months after the effective date of this AD, install IDG harness support brackets, and modify the IDG power feeder cable installations. (3) For Group 1 airplanes, configuration 4, and Group 2 airplanes, configuration 2: Within 18 months after the effective date of this AD: Modify the IDG power feeder cable installations. Alternative Methods of Compliance (AMOCs) (n)(1) The Manager, Los Angeles Aircraft Certification Office, 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 § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. (3) AMOCs approved previously in accordance with AD 2004–01–17, are not approved as AMOCs with this AD. (4) An AMOC that provides an acceptable level of safety may be used for any repair required by this AD, if it is approved by an Authorized Representative for the Boeing PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Commercial Airplanes Delegation Option Authorization Organization who has been authorized by the Manager, Los Angeles ACO, to make those findings. For a repair method to be approved, and the approval must specifically refer to this AD. Material Incorporated by Reference (o) You must use Boeing Alert Service Bulletin MD11–54A011, Revision 02, dated May 31, 2002, or Boeing Alert Service Bulletin MD11–54A011, Revision 3, dated November 9, 2005, to perform the actions that are required by this AD, unless the AD specifies otherwise. (1) The Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin MD11–54A011, Revision 3, dated November 9, 2005, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. (2) On February 24, 2004 (69 FR 2657, January 20, 2004), the Director of the Federal Register approved the incorporation by reference of Boeing Alert Service Bulletin MD11–54A011, Revision 02, dated May 31, 2002. (3) Contact Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data and Service Management, Dept. C1–L5A (D800–0024), for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Room PL–401, Nassif Building, Washington, DC; on the Internet at https:// dms.dot.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741–6030, or go to https://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. Issued in Renton, Washington, on December 21, 2006. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E6–22536 Filed 1–9–07; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: E:\FR\FM\10JAR1.SGM 10JAR1 mstockstill on PROD1PC61 with RULES Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Rules and Regulations 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 https:// dms.dot.gov and follow the instructions for sending your comments electronically. • Government-wide rulemaking Web site: Go to https://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 VerDate Aug<31>2005 14:45 Jan 09, 2007 Jkt 211001 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 ˆ unsafe condition. The Agencia Nacional ˜ de Aviacao 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 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 1147 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 https:// 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 https://dms.dot.gov. Examining the Docket You may examine the AD docket on the Internet at https://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 E:\FR\FM\10JAR1.SGM 10JAR1 1148 Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Rules and Regulations 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. the FAA amends 14 CFR part 39 as follows: Authority for This Rulemaking I 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 mstockstill on PROD1PC61 with RULES the removed flight deck door electronic equipment to the manufacturer in paragraph 3.C., that action is not necessary. Air transportation, Aircraft, Aviation safety, Safety. Adoption of the Amendment Accordingly, under the authority delegated to me by the Administrator, I VerDate Aug<31>2005 14:45 Jan 09, 2007 Jkt 211001 PART 39—AIRWORTHINESS DIRECTIVES TABLE 1.—SERVICE BULLETINS 1. The authority citation for part 39 continues to read as follows: For model— Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 (1) ERJ 170 airplanes ........ [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): I 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 (2) ERJ 190 airplanes ........ EMBRAER service bulletin— 170–52–0029, dated August 21, 2006. 190–52–0011, dated August 21, 2006. 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 § 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 COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 1 RIN 3038—AC27 Limitations on Withdrawals of Equity Capital Commodity Futures Trading Commission. ACTION: Final rule. AGENCY: SUMMARY: The Commodity Futures Trading Commission (‘‘Commission’’) is amending its regulations to provide that the Commission may, by written order, temporarily prohibit a futures commission merchant (‘‘FCM’’) from carrying out equity withdrawal transactions that would reduce excess adjusted net capital by 30 percent or more. The proposed orders would be based on the Commission’s determination that such withdrawal E:\FR\FM\10JAR1.SGM 10JAR1

Agencies

[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Rules and Regulations]
[Pages 1146-1148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-147]


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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.

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

[[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 https://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to https://
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 https://
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 
https://dms.dot.gov.

Examining the Docket

    You may examine the AD docket on the Internet at https://
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
------------------------------------------------------------------------
                For model--                  EMBRAER service  bulletin--
------------------------------------------------------------------------
(1) ERJ 170 airplanes.....................  170-52-0029, dated August
                                             21, 2006.
(2) ERJ 190 airplanes.....................  190-52-0011, dated August
                                             21, 2006.
------------------------------------------------------------------------

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
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