Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes, 6631-6633 [E8-1990]
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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
type design, CAA (Civil Aviation Authority)
Netherlands issued AD NL–2006–011 to
require inspection of the Piccolo Tubes and
the surrounding structure to establish correct
installation, as well as the replacement of the
460-series Peri-seals by the improved 600series, which have a higher temperature
limit.
Since the issuance of that AD, Fokker has
developed a modification, published as
Component Service Bulletin (CSB) D14000–
57–007, for spare wing leading edge sections
that may still contain the 460-series Periseals. For that reason, this EASA AD retains
the requirements of AD NL–2006–011 and
adds a limit for the allowed use of
unmodified wing leading edge section as
replacement part.
The corrective actions include inspection of
the piccolo tubes and the wing leading edge
for damage and replacement of the Peri-seals
or repair of damage, as applicable.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 4,000 flight hours or 12 months
after the effective date of this AD, whichever
occurs first, do the actions in paragraphs
(f)(1)(i) and (f)(1)(ii) of this AD in accordance
with the Accomplishment Instructions of
Fokker Service Bulletin SBF100–30–028,
Revision 1, dated April 17, 2007.
(i) Inspect for damage of the piccolo tubes
and the wing leading edge on the outside and
on the inside at the access panels. If any
damage is found that is beyond the limits
specified in the service bulletin, repair before
further flight.
(ii) Replace the 460-series Peri-seals in the
riblets with improved 600-series Peri-seals.
(2) As of 12 months after the effective date
of this AD, no person may install on any
airplane a spare wing leading edge section
unless the leading edge section has been
modified in accordance with Fokker
Component Service Bulletin D14000–57–007,
dated April 17, 2007.
(3) Actions done before the effective date
of this AD in accordance with Fokker Service
Bulletin SBF100–30–028, dated May 18,
2006, are considered acceptable for
compliance with the actions required by
paragraph (f)(1) of this AD.
FAA AD Differences
rmajette on PROD1PC64 with PROPOSALS
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tom Rodriguez,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1137; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act,
the Office of Management and Budget (OMB)
has approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
Related Information
(h) Refer to European Aviation Safety
Agency (EASA) Airworthiness Directive
2007–0229, dated August 15, 2007, Fokker
Service Bulletin SBF100–30–028, Revision 1,
dated April 17, 2007, and Fokker Component
Service Bulletin D14000–57–007, dated April
17, 2007, for related information.
Issued in Renton, Washington, on January
24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–1991 Filed 2–4–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0119; Directorate
Identifier 2007–NM–304–AD]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
and Model ERJ 190 Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
SUMMARY: The FAA proposes to
supersede an existing airworthiness
directive (AD) that applies to all
EMBRAER Model ERJ 170–100 LR, –100
SE, –100 STD, and –100 SU airplanes;
and Model ERJ 190–100 IGW, –100 LR,
and –100 STD airplanes. The existing
AD currently requires revising the
Limitations section of the airplane flight
manual (AFM) to prohibit the flightcrew
from moving the throttle into the
forward thrust range immediately after
applying the thrust reverser. This
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Fmt 4702
Sfmt 4702
6631
proposed AD would add additional
airplanes to the applicability and would
require the AFM revision for those
additional airplanes. For certain
airplanes, this proposed AD would also
require installing new, improved fullauthority digital engine-control
(FADEC) software. This proposed AD
results from a report that, during
landing, the thrust reverser may not restow completely if the throttle lever is
moved into the forward thrust range
immediately after the thrust reverser is
applied. We are proposing this AD to
prevent the flightcrew from performing
a takeoff with a partially deployed
thrust reverser, which could result in
reduced controllability of the airplane.
DATES: We must receive comments on
this proposed AD by March 6, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, 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.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2008–0119; Directorate Identifier
2007–NM–304–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
On May 22, 2006, we issued AD
2006–11–15, amendment 39–14619 (71
FR 30577, May 30, 2006), for all
Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170–100 LR,
–100 SE, –100 STD, and –100 SU
airplanes; and Model ERJ 190–100 IGW,
–100 LR, and –100 STD airplanes. That
AD requires revising the Limitations
section of the airplane flight manual
(AFM) to prohibit the flightcrew from
moving the throttle into the forward
thrust range immediately after applying
the thrust reverser. That AD resulted
from a report that, during landing, the
thrust reverser may not re-stow
completely if the throttle lever is moved
into the forward thrust range
immediately after the thrust reverser is
applied. We issued that AD to prevent
the flightcrew from performing a takeoff
with a partially deployed thrust
reverser, which could result in reduced
controllability of the airplane.
Actions Since Existing AD Was Issued
The preamble to AD 2006–11–15
explains that we consider the
requirements ‘‘interim action’’ and were
considering further rulemaking. We now
have determined that further
rulemaking is indeed necessary, and
this proposed AD follows from that
ˆ
determination. The Agencia Nacional de
Aviacao Civil (ANAC), which is the
¸˜
airworthiness authority for Brazil, has
determined that new, improved fullauthority digital engine-control
(FADEC) software must be installed on
certain airplanes to adequately address
the unsafe condition.
Since we issued AD 2006–11–15, we
have type certificated EMBRAER Model
ERJ 170–200 LR, –200 STD, and –200
SU airplanes; and Model ERJ 190–200
IGW, –200 LR, and –200 STD airplanes
for operation in the U.S. Therefore, the
AFM revision required by AD 2006–11–
15 should also apply to those additional
airplanes.
Relevant Service Information
EMBRAER has issued the following
service bulletins:
• EMBRAER Service Bulletin 170–
73–0003, Revision 01, dated September
4, 2006, for Model ERJ 170–100 LR,
–100 SE, –100 STD, –100 SU, –200 LR,
–200 STD, and –200 SU airplanes;
• EMBRAER Service Bulletin 190–
73–0005, dated November 9, 2006, for a
Model ERJ 190–200 LR airplane; and
• EMBRAER Service Bulletin 190–
73–0009, Revision 01, dated April 23,
2007, for Model ERJ 190–100 IGW, –100
LR, –100 STD, –200 IGW, –200 LR, and
–200 STD airplanes.
The service bulletins describe
procedures for installing new, improved
FADEC software having a certain
version or higher. Accomplishing the
actions specified in the service
information is intended to adequately
address the unsafe condition. The
ANAC mandated the service
information and issued Brazilian
airworthiness directive 2006–03–02R1,
effective February 27, 2007; and
Brazilian airworthiness directive 2006–
03–03R1, effective November 9, 2007; to
ensure the continued airworthiness of
these airplanes in Brazil.
FAA’s Determination and Requirements
of the Proposed AD
These airplanes 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 examined the ANAC’s findings,
evaluated all pertinent information, and
determined that AD action is necessary
for airplanes of this type design that are
certificated for operation in the United
States.
This proposed AD would supersede
AD 2006–11–15 and would retain the
requirements of the existing AD. This
proposed AD would also add Model ERJ
170–200 LR, –200 STD, and –200 SU
airplanes; and Model ERJ 190–200 IGW,
–200 LR, and –200 STD airplanes to the
applicability and would require the
AFM revision for those additional
airplanes. This proposed AD would also
require accomplishing the actions
specified in the service information
described previously.
Costs of Compliance
The following table provides the
estimated costs, at an average labor rate
of $80 per hour, for U.S. operators to
comply with this proposed AD.
ESTIMATED COSTS
Action
Work hours
rmajette on PROD1PC64 with PROPOSALS
AFM revision (required by AD 2006–11–
15).
AFM revision (new proposed action) ......
Software installation (new proposed action).
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
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15:29 Feb 04, 2008
Jkt 214001
Cost per
airplane
Parts
Number of
U.S.registered
airplanes
Fleet cost
1
None .......................................................
$80
76
$6,080
1
1
None .......................................................
The manufacturer states that it will supply the required software to operators
at no cost.
80
80
57
133
4,560
10,640
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
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Sfmt 4702
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules
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
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 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, 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:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
rmajette on PROD1PC64 with PROPOSALS
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14619 (71
FR 30577, May 30, 2006) and adding the
following new airworthiness directive
(AD):
VerDate Aug<31>2005
15:29 Feb 04, 2008
Jkt 214001
Comments Due Date
(a) The FAA must receive comments on
this AD action by March 6, 2008.
Affected ADs
(b) This AD supersedes AD 2006–11–15.
Applicability
(c) This AD applies to all EMBRAER Model
ERJ 170–100 LR, –100 SE, –100 STD, –100
SU, –200 LR, –200 STD, and –200 SU
airplanes; and Model ERJ 190–100 IGW, –100
LR, –100 STD, –200 IGW, –200 LR, and –200
STD airplanes; certificated in any category.
Unsafe Condition
(d) This AD results from report that, during
landing, the thrust reverser may not re-stow
completely if the throttle lever is moved into
the forward thrust range immediately after
the thrust reverser is applied. We are issuing
this AD to prevent the flightcrew from
performing a takeoff with a partially
deployed thrust reverser, which could result
in reduced controllability of the airplane.
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.
Restatement of Requirements of AD 2006–
11–15
Airplane Flight Manual Revision
(f) For Model ERJ 170–100 LR, –100 SE,
–100 STD, and –100 SU airplanes; and Model
ERJ 190–100 IGW, –100 LR, –100 STD
airplanes: Within 7 days after June 14, 2006
(the effective date of AD 2006–11–15), revise
the Limitations section of the EMBRAER 170/
190 Airplane Flight Manual (AFM) to include
the following statement. This may be done by
inserting a copy of this AD in the AFM.
Factory-installation or installation of the
applicable software required by paragraph (h)
of this AD terminates the AFM revision
required by this paragraph.
‘‘After applying thrust reverser, do not
move the throttle back to the forward thrust
range, unless the REV icon on the EICAS is
shown in amber or green.’’
Note 1: When a statement identical to that
in paragraph (f) of this AD has been included
in the general revisions of the AFM, the
general revisions may be inserted into the
AFM, and the copy of this AD may be
removed from the AFM.
New Requirements of This AD
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
Empresa Brasileira De Aeronautica S.A.
(EMBRAER): Docket No. FAA–2008–
0119; Directorate Identifier 2007–NM–
304–AD.
AFM Revision for New Airplanes
(g) For Model ERJ 170–200 LR, –200 STD,
and –200 SU airplanes; and Model ERJ 190–
200 IGW, –200 LR, and –200 STD airplanes:
Within 14 days after the effective date of this
AD, revise the Limitations section of the
EMBRAER 170/190 AFM to include the
following statement. This may be done by
inserting a copy of this AD in the AFM.
Factory-installation or installation of the
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Sfmt 4702
6633
applicable software required by paragraph (h)
of this AD terminates the AFM revision
required by this paragraph.
‘‘After applying thrust reverser, do not
move the throttle back to the forward thrust
range, unless the REV icon on the EICAS is
shown in amber or green.’’
Note 2: When a statement identical to that
in paragraph (g) of this AD has been included
in the general revisions of the AFM, the
general revisions may be inserted into the
AFM, and the copy of this AD may be
removed from the AFM.
Software Installation
(h) Within 1,200 flight hours after the
effective date of this AD, install the fullauthority digital engine-control (FADEC)
software specified in paragraph (h)(1), (h)(2),
or (h)(3) of this AD, as applicable. Installing
the applicable software terminates the
applicable AFM revision required by
paragraph (f) or (g) this AD.
(1) For Model ERJ 170–100 LR, –100 SE,
–100 STD, –100 SU, –200 LR, –200 STD, and
–200 SU airplanes identified in EMBRAER
Service Bulletin 170–73–0003, Revision 01,
dated September 4, 2006: Install engine
FADEC software version 5.30 or higher in
accordance with the service bulletin.
(2) For the Model ERJ 190–200 LR airplane
identified in EMBRAER Service Bulletin
190–73–0005, dated November 9, 2006:
Install engine FADEC software version 5.10
or higher in accordance with the service
bulletin.
(3) For Model ERJ 190–100 IGW, –100 LR,
–100 STD, –200 IGW, –200 LR, and –200 STD
airplanes identified in EMBRAER Service
Bulletin 190–73–0009, Revision 01, dated
April 23, 2007: Install engine FADEC
software version 5.20 or higher in accordance
with the service bulletin.
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) To request a different method of
compliance or a different compliance time
for this AD, follow the procedures in 14 CFR
39.19. Before using any approved AMOC on
any airplane to which the AMOC applies,
notify your appropriate principal inspector
(PI) in the FAA Flight Standards District
Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(j) Brazilian airworthiness directive 2006–
03–02R1, effective February 27, 2007; and
Brazilian airworthiness directive 2006–03–
03R1, effective November 9, 2007; also
address the subject of this AD.
Issued in Renton, Washington, on January
24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–1990 Filed 2–4–08; 8:45 am]
BILLING CODE 4910–13–P
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]]>Agencies
[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Proposed Rules]
[Pages 6631-6633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1990]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0119; Directorate Identifier 2007-NM-304-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all EMBRAER Model ERJ 170-100 LR, -100
SE, -100 STD, and -100 SU airplanes; and Model ERJ 190-100 IGW, -100
LR, and -100 STD airplanes. The existing AD currently requires revising
the Limitations section of the airplane flight manual (AFM) to prohibit
the flightcrew from moving the throttle into the forward thrust range
immediately after applying the thrust reverser. This proposed AD would
add additional airplanes to the applicability and would require the AFM
revision for those additional airplanes. For certain airplanes, this
proposed AD would also require installing new, improved full-authority
digital engine-control (FADEC) software. This proposed AD results from
a report that, during landing, the thrust reverser may not re-stow
completely if the throttle lever is moved into the forward thrust range
immediately after the thrust reverser is applied. We are proposing this
AD to prevent the flightcrew from performing a takeoff with a partially
deployed thrust reverser, which could result in reduced controllability
of the airplane.
DATES: We must receive comments on this proposed AD by March 6, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, 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.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone 800-647-5527) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
[[Page 6632]]
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0119;
Directorate Identifier 2007-NM-304-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
We will post all comments we receive, without change, to https://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
On May 22, 2006, we issued AD 2006-11-15, amendment 39-14619 (71 FR
30577, May 30, 2006), for all Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU
airplanes; and Model ERJ 190-100 IGW, -100 LR, and -100 STD airplanes.
That AD requires revising the Limitations section of the airplane
flight manual (AFM) to prohibit the flightcrew from moving the throttle
into the forward thrust range immediately after applying the thrust
reverser. That AD resulted from a report that, during landing, the
thrust reverser may not re-stow completely if the throttle lever is
moved into the forward thrust range immediately after the thrust
reverser is applied. We issued that AD to prevent the flightcrew from
performing a takeoff with a partially deployed thrust reverser, which
could result in reduced controllability of the airplane.
Actions Since Existing AD Was Issued
The preamble to AD 2006-11-15 explains that we consider the
requirements ``interim action'' and were considering further
rulemaking. We now have determined that further rulemaking is indeed
necessary, and this proposed AD follows from that determination. The
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is
the airworthiness authority for Brazil, has determined that new,
improved full-authority digital engine-control (FADEC) software must be
installed on certain airplanes to adequately address the unsafe
condition.
Since we issued AD 2006-11-15, we have type certificated EMBRAER
Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes; and Model ERJ
190-200 IGW, -200 LR, and -200 STD airplanes for operation in the U.S.
Therefore, the AFM revision required by AD 2006-11-15 should also apply
to those additional airplanes.
Relevant Service Information
EMBRAER has issued the following service bulletins:
EMBRAER Service Bulletin 170-73-0003, Revision 01, dated
September 4, 2006, for Model ERJ 170-100 LR, -100 SE, -100 STD, -100
SU, -200 LR, -200 STD, and -200 SU airplanes;
EMBRAER Service Bulletin 190-73-0005, dated November 9,
2006, for a Model ERJ 190-200 LR airplane; and
EMBRAER Service Bulletin 190-73-0009, Revision 01, dated
April 23, 2007, for Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW,
-200 LR, and -200 STD airplanes.
The service bulletins describe procedures for installing new,
improved FADEC software having a certain version or higher.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The ANAC mandated
the service information and issued Brazilian airworthiness directive
2006-03-02R1, effective February 27, 2007; and Brazilian airworthiness
directive 2006-03-03R1, effective November 9, 2007; to ensure the
continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of the Proposed AD
These airplanes 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 examined the ANAC's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 2006-11-15 and would retain the
requirements of the existing AD. This proposed AD would also add Model
ERJ 170-200 LR, -200 STD, and -200 SU airplanes; and Model ERJ 190-200
IGW, -200 LR, and -200 STD airplanes to the applicability and would
require the AFM revision for those additional airplanes. This proposed
AD would also require accomplishing the actions specified in the
service information described previously.
Costs of Compliance
The following table provides the estimated costs, at an average
labor rate of $80 per hour, for U.S. operators to comply with this
proposed AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of
Cost per U.S.-
Action Work hours Parts airplane registered Fleet cost
airplanes
----------------------------------------------------------------------------------------------------------------
AFM revision (required by AD 2006- 1 None................. $80 76 $6,080
11-15).
AFM revision (new proposed action) 1 None................. 80 57 4,560
Software installation (new 1 The manufacturer 80 133 10,640
proposed action). states that it will
supply the required
software to
operators at no cost.
----------------------------------------------------------------------------------------------------------------
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,
[[Page 6633]]
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 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 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, 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:
PART 39--AIRWORTHINESS DIRECTIVES
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]
2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14619 (71 FR 30577, May 30, 2006) and adding the
following new airworthiness directive (AD):
?>Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0119; Directorate Identifier 2007-NM-304-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by March 6,
2008.
Affected ADs
(b) This AD supersedes AD 2006-11-15.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
SE, -100 STD, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and
Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200 LR, and -
200 STD airplanes; certificated in any category.
Unsafe Condition
(d) This AD results from report that, during landing, the thrust
reverser may not re-stow completely if the throttle lever is moved
into the forward thrust range immediately after the thrust reverser
is applied. We are issuing this AD to prevent the flightcrew from
performing a takeoff with a partially deployed thrust reverser,
which could result in reduced controllability of the airplane.
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.
Restatement of Requirements of AD 2006-11-15
Airplane Flight Manual Revision
(f) For Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU
airplanes; and Model ERJ 190-100 IGW, -100 LR, -100 STD airplanes:
Within 7 days after June 14, 2006 (the effective date of AD 2006-11-
15), revise the Limitations section of the EMBRAER 170/190 Airplane
Flight Manual (AFM) to include the following statement. This may be
done by inserting a copy of this AD in the AFM. Factory-installation
or installation of the applicable software required by paragraph (h)
of this AD terminates the AFM revision required by this paragraph.
``After applying thrust reverser, do not move the throttle back
to the forward thrust range, unless the REV icon on the EICAS is
shown in amber or green.''
Note 1: When a statement identical to that in paragraph (f) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.
New Requirements of This AD
AFM Revision for New Airplanes
(g) For Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes;
and Model ERJ 190-200 IGW, -200 LR, and -200 STD airplanes: Within
14 days after the effective date of this AD, revise the Limitations
section of the EMBRAER 170/190 AFM to include the following
statement. This may be done by inserting a copy of this AD in the
AFM. Factory-installation or installation of the applicable software
required by paragraph (h) of this AD terminates the AFM revision
required by this paragraph.
``After applying thrust reverser, do not move the throttle back
to the forward thrust range, unless the REV icon on the EICAS is
shown in amber or green.''
Note 2: When a statement identical to that in paragraph (g) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.
Software Installation
(h) Within 1,200 flight hours after the effective date of this
AD, install the full-authority digital engine-control (FADEC)
software specified in paragraph (h)(1), (h)(2), or (h)(3) of this
AD, as applicable. Installing the applicable software terminates the
applicable AFM revision required by paragraph (f) or (g) this AD.
(1) For Model ERJ 170-100 LR, -100 SE, -100 STD, -100 SU, -200
LR, -200 STD, and -200 SU airplanes identified in EMBRAER Service
Bulletin 170-73-0003, Revision 01, dated September 4, 2006: Install
engine FADEC software version 5.30 or higher in accordance with the
service bulletin.
(2) For the Model ERJ 190-200 LR airplane identified in EMBRAER
Service Bulletin 190-73-0005, dated November 9, 2006: Install engine
FADEC software version 5.10 or higher in accordance with the service
bulletin.
(3) For Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200
LR, and -200 STD airplanes identified in EMBRAER Service Bulletin
190-73-0009, Revision 01, dated April 23, 2007: Install engine FADEC
software version 5.20 or higher in accordance with the service
bulletin.
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) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(j) Brazilian airworthiness directive 2006-03-02R1, effective
February 27, 2007; and Brazilian airworthiness directive 2006-03-
03R1, effective November 9, 2007; also address the subject of this
AD.
Issued in Renton, Washington, on January 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-1990 Filed 2-4-08; 8:45 am]
BILLING CODE 4910-13-P
