Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes, 21231-21233 [E8-8255]
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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations
aircraft, [which could result in] overheating,
arcing, smoke and fire.
The corrective action includes inspecting for
chafing and arcing damage of the feeder
cable, terminal lug and ground point,
contacting Gulfstream for repair if any
damage is found and repairing, installing
new heat-shrink tubing if the tubing is
missing or damaged, and repositioning the
feeder cable.
Actions and Compliance
(f) Unless already done, do the following
actions. Within 50 flight hours or 30 days
after the effective date of this AD, whichever
occurs first, inspect the feeder cable, terminal
lug 123P/2, and ground point 803GND for
chafing and arcing damage, reposition the
feeder cable to maintain an adequate gap, and
do all applicable corrective actions. Do the
actions in accordance with Gulfstream Alert
Service Bulletin 150–24A–046, dated October
31, 2007. Do all applicable corrective actions
before further flight.
FAA AD Differences
Note: This AD differs from the MCAI and/
or service information as follows: No
differences.
rfrederick on PROD1PC67 with RULES
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: Mike Borfitz,
Aerospace Engineer, International Branch,
ANM–116, FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone (425)
227–2677; fax (425) 227–1149. 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.
(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 FAAapproved 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 MCAI Israeli Airworthiness
Directive 24–07–10–11, dated October 31,
2007; and Gulfstream Alert Service Bulletin
150–24A–046, dated October 31, 2007; for
related information.
Material Incorporated by Reference
(i) You must use Gulfstream Alert Service
Bulletin 150–24A–046, dated October 31,
VerDate Aug<31>2005
15:19 Apr 18, 2008
Jkt 214001
2007, to do the actions required by this AD,
unless the AD specifies otherwise.
(1) The Director of the Federal Register
approved the incorporation by reference of
this service information under 5 U.S.C.
552(a) and 1 CFR part 51.
(2) For service information identified in
this AD, contact Gulfstream Aerospace
Corporation, P.O. Box 2206, Mail Station D–
25, Savannah, Georgia 31402–2206.
(3) You may review copies at the FAA,
Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington; or at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
(202) 741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Renton, Washington, on April 8,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–8258 Filed 4–18–08; 8:45 am]
21231
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.
DATES: This AD becomes effective May
27, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in the AD
as of May 27, 2008.
ADDRESSES: 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.
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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 AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (telephone 800–647–5527)
is the Document Management Facility,
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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:
SUMMARY: The FAA is superseding an
existing airworthiness directive (AD),
which 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. That 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 new AD adds additional
airplanes to the applicability and
requires the AFM revision for those
additional airplanes. For certain
airplanes, this AD also requires
installing new, improved full-authority
digital engine-control (FADEC) software.
This AD results from a report that,
during landing, the thrust reverser may
not re-stow completely if the throttle
Discussion
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that
supersedes AD 2006–11–15, amendment
39–14619 (71 FR 30577, May 30, 2006).
The existing AD applies to all
EMBRAER Model ERJ 170–100 LR, –100
SE, –100 STD, and –100 SU airplanes;
and all Model ERJ 190–100 IGW, –100
LR, and –100 STD airplanes. That
NPRM was published in the Federal
Register on February 5, 2008 (73 FR
6631). That NPRM proposed to continue
to require 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 NPRM also
proposed to add additional airplanes to
the applicability and require the AFM
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; Amendment
39–15475; AD 2008–08–21]
RIN 2120–AA64
Airworthiness Directives; Empresa
Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 Airplanes
and Model ERJ 190 Airplanes
AGENCY:
PO 00000
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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations
revision for those additional airplanes.
For certain airplanes, that NPRM also
proposed to require installing new,
improved full-authority digital enginecontrol software.
development of this AD. We have
considered the single comment that has
been received on the NPRM. The
commenter, Air Line Pilots Association,
International, supports the NPRM.
Comments
Conclusion
We provided the public the
opportunity to participate in the
We have carefully reviewed the
available data, including the comment
that has been received, and determined
that air safety and the public interest
require adopting the AD as proposed.
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 AD.
ESTIMATED COSTS
Work
hours
Action
AFM revision (required by AD 2006–
11–15)
AFM revision (new action)
Software installation (new action)
None .....................................................
$80
76
$6,080
1
1
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.
None .....................................................
The manufacturer states that it will
supply the required software to operators at no cost
80
80
57
133
4,560
10,640
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
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
I
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
I
rfrederick on PROD1PC67 with RULES
Regulatory Findings
Authority: 49 U.S.C. 106(g), 40113, 44701.
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
15:19 Apr 18, 2008
Jkt 214001
Fleet cost
1
Authority for This Rulemaking
VerDate Aug<31>2005
Number of
U.S.-registered
airplanes
Cost per
airplane
Parts
§ 39.13
[Amended]
2. The Federal Aviation
Administration (FAA) amends § 39.13
by removing amendment 39–14619 (71
FR 30577, May 30, 2006) and by adding
the following new airworthiness
directive (AD):
I
2008–08–21 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–15475. Docket No.
FAA–2008–0119; Directorate Identifier
2007–NM–304–AD.
Effective Date
(a) This AD becomes effective May 27,
2008.
Affected ADs
(b) This AD supersedes AD 2006–11–15.
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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 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 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 (AFM) 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 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
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Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations
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 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) of 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.
Material Incorporated by Reference
(k) You must use the service information
listed in Table 1 of this AD to perform the
actions that are required by this AD, as
applicable, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of these documents 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; or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030, or go
to: https://www.archives.gov/federal-register/
cfr/ibr-locations.html.
TABLE 1.—MATERIAL INCORPORATED BY REFERENCE
EMBRAER Service Bulletin
Revision level
170–73–0003 ........................................................................
190–73–0005 ........................................................................
190–73–0009 ........................................................................
01 .........................................................................................
Original .................................................................................
01 .........................................................................................
Issued in Renton, Washington, on April 8,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–8255 Filed 4–18–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0117; Directorate
Identifier 2007–NM–273–AD; Amendment
39–15472; AD 2008–08–18]
rfrederick on PROD1PC67 with RULES
RIN 2120–AA64
Airworthiness Directives; Fokker
Model F.28 Mark 0070 and Mark 0100
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
VerDate Aug<31>2005
15:19 Apr 18, 2008
Jkt 214001
SUMMARY: We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
[L]eakage of hot wing anti-icing air from
the Peri-seal housing. This results in an
uncontrolled flow of high-pressure hot air to
enter the forward (anti-icing) plenum
chamber of the wing leading edge, potentially
damaging the anti-icing barrier webs.
Subsequently, the wing auxiliary spar can
also be damaged by high-pressure hot air.
* * * [D]eterioration of the Peri-seals
enables the piccolo tubes to vibrate, resulting
in a broken piccolo tube. * * * This
condition, if not corrected, may cause heat
damage to the front spar that potentially
affects the wing’s load capability.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
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Date
September 4, 2006.
November 9, 2006.
April 23, 2007.
This AD becomes effective May
27, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of May 27, 2008.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1137;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
DATES:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
E:\FR\FM\21APR1.SGM
21APR1
Agencies
[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Rules and Regulations]
[Pages 21231-21233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8255]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0119; Directorate Identifier 2007-NM-304-AD;
Amendment 39-15475; AD 2008-08-21]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding an existing airworthiness directive
(AD), which 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. That 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 new AD adds additional
airplanes to the applicability and requires the AFM revision for those
additional airplanes. For certain airplanes, this AD also requires
installing new, improved full-authority digital engine-control (FADEC)
software. This 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 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.
DATES: This AD becomes effective May 27, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of May 27, 2008.
ADDRESSES: 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone 800-647-5527) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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:
Discussion
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that supersedes AD 2006-11-15, amendment
39-14619 (71 FR 30577, May 30, 2006). The existing AD applies to all
EMBRAER Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU airplanes;
and all Model ERJ 190-100 IGW, -100 LR, and -100 STD airplanes. That
NPRM was published in the Federal Register on February 5, 2008 (73 FR
6631). That NPRM proposed to continue to require 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 NPRM also proposed
to add additional airplanes to the applicability and require the AFM
[[Page 21232]]
revision for those additional airplanes. For certain airplanes, that
NPRM also proposed to require installing new, improved full-authority
digital engine-control software.
Comments
We provided the public the opportunity to participate in the
development of this AD. We have considered the single comment that has
been received on the NPRM. The commenter, Air Line Pilots Association,
International, supports the NPRM.
Conclusion
We have carefully reviewed the available data, including the
comment that has been received, and determined that air safety and the
public interest require adopting the AD as proposed.
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 AD.
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Number of U.S.-
Action Work Parts Cost per registered Fleet cost
hours airplane airplanes
----------------------------------------------------------------------------------------------------------------
AFM revision (required by AD 1 None............... $80 76 $6,080
2006-11-15)
AFM revision (new action) 1 None............... 80 57 4,560
Software installation (new 1 The manufacturer 80 133 10,640
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, 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]
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2. The Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14619 (71 FR 30577, May 30, 2006) and by adding
the following new airworthiness directive (AD):
2008-08-21 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15475. Docket No. FAA-2008-0119; Directorate Identifier
2007-NM-304-AD.
Effective Date
(a) This AD becomes effective May 27, 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 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 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 (AFM) 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 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
[[Page 21233]]
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) of 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.
Material Incorporated by Reference
(k) You must use the service information listed in Table 1 of
this AD to perform the actions that are required by this AD, as
applicable, unless the AD specifies otherwise. The Director of the
Federal Register approved the incorporation by reference of these
documents 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; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal-register/cfr/
ibr-locations.html.
Table 1.--Material Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
EMBRAER Service Bulletin Revision level Date
----------------------------------------------------------------------------------------------------------------
170-73-0003.............................. 01.......................... September 4, 2006.
190-73-0005.............................. Original.................... November 9, 2006.
190-73-0009.............................. 01.......................... April 23, 2007.
----------------------------------------------------------------------------------------------------------------
Issued in Renton, Washington, on April 8, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-8255 Filed 4-18-08; 8:45 am]
BILLING CODE 4910-13-P