Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes, 45178-45180 [E8-17777]
Download as PDF
45178
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules
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.
Issued in Renton, Washington, on July 23,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–17792 Filed 8–1–08; 8:45 am]
emergencies. The proposed AD would
require actions that are intended to
address the unsafe condition described
in the MCAI.
DATES: We must receive comments on
this proposed AD by September 3, 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
W12–40, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
BILLING CODE 4910–13–P
Examining the AD Docket
Related Information
(i) Refer to MCAI European Aviation Safety
Agency Airworthiness Directive 2007–0119,
dated May 2, 2007, and Dassault Service
Bulletin F2000EX–138, dated March 5, 2007,
for related information.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0831; Directorate
Identifier 2008–NM–051–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), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
ebenthall on PRODPC60 with PROPOSALS
SUMMARY: We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
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:
It has been found the occurrence of failed
bearings of the RAT [ram air turbine]
generator, which may lead to a RAT
generator failure. The RAT generator was
designed to provide emergency electrical
power to essential systems in case of loss of
all other sources of aircraft AC electrical
power.
*
*
*
*
*
Loss of emergency electrical power
could result in reduced controllability
of the airplane during in-flight
VerDate Aug<31>2005
15:20 Aug 01, 2008
Jkt 214001
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office 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 Operations
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:
Kenny Kaulia, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2848; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
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–2008–0831; Directorate Identifier
2008–NM–051–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 based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
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Frm 00006
Fmt 4702
Sfmt 4702
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
ˆ
The Agencia Nacional de Aviacao
¸˜
Civil (ANAC), which is the aviation
authority for Brazil, has issued Brazilian
Airworthiness Directives 2007–12–01
and 2007–12–02, both effective January
24, 2008 (referred to after this as ‘‘the
MCAI’’), to correct an unsafe condition
for the specified products. The MCAI
states:
It has been found the occurrence of failed
bearings of the RAT [ram air turbine]
generator, which may lead to a RAT
generator failure. The RAT generator was
designed to provide emergency electrical
power to essential systems in case of loss of
all other sources of aircraft AC electrical
power.
Loss of emergency electrical power
could result in reduced controllability
of the airplane during in-flight
emergencies. The corrective actions
include determining the part number
and serial number of the RAT, and reidentifying or replacing the RAT if
necessary. You may obtain further
information by examining the MCAI in
the AD docket.
Relevant Service Information
EMBRAER has issued Service
Bulletins 170–24–0041, Revision 01,
dated August 28, 2007; and 190–24–
0012, Revision 01, dated August 21,
2007. The actions described in this
service information are intended to
correct the unsafe condition identified
in the MCAI.
FAA’s Determination and Requirements
of This Proposed AD
This product has been approved by
the aviation authority of another
country, and is approved for operation
in the United States. Pursuant to our
bilateral agreement with the State of
Design Authority, we have been notified
of the unsafe condition described in the
MCAI and service information
referenced above. We are proposing this
AD because we evaluated all pertinent
information and determined an unsafe
condition exists and is likely to exist or
develop on other products of the same
type design.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
we might have found it necessary to use
different words from those in the MCAI
to ensure the AD is clear for U.S.
operators and is enforceable. In making
E:\FR\FM\04AUP1.SGM
04AUP1
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have proposed
different actions in this AD from those
in the MCAI in order to follow FAA
policies. Any such differences are
highlighted in a Note within the
proposed AD.
Costs of Compliance
Based on the service information, we
estimate that this proposed AD would
affect about 124 products of U.S.
registry. We also estimate that it would
take about 1 work-hour per product to
comply with the basic requirements of
this proposed AD. The average labor
rate is $80 per work-hour. Based on
these figures, we estimate the cost of the
proposed AD on U.S. operators to be
$9,920, or $80 per product.
ebenthall on PRODPC60 with PROPOSALS
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 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 this 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,
VerDate Aug<31>2005
15:20 Aug 01, 2008
Jkt 214001
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.
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.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Empresa Brasileira De Aeronautica S.A.
(EMBRAER): Docket No. FAA–2008–
0831; Directorate Identifier 2008–NM–
051–AD.
Comments Due Date
(a) We must receive comments by
September 3, 2008.
Affected ADs
(b) None.
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, –100 ECJ, –200 IGW, –200 LR,
and –200 STD airplanes; certificated in any
category.
Subject
(d) Air Transport Association (ATA) of
America Code 24: Electrical power.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
It has been found the occurrence of failed
bearings of the RAT [ram air turbine]
generator, which may lead to a RAT
generator failure. The RAT generator was
designed to provide emergency electrical
power to essential systems in case of loss of
all other sources of aircraft AC electrical
power.
Loss of emergency electrical power could
result in reduced controllability of the
airplane during in-flight emergencies. The
corrective actions include determining the
part number (P/N) and serial number (S/N)
of the RAT, and re-identifying or replacing
the RAT if necessary.
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Fmt 4702
Sfmt 4702
45179
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 1,300 flight hours or 6 months
after the effective date of this AD, whichever
occurs first, determine the P/N and S/N of
the RAT. For airplanes on which a RAT
having P/N 1703781 is installed, do the
actions specified in paragraphs (f)(1)(i) and
(f)(1)(ii) of this AD, as applicable, in
accordance with the Accomplishment
Instructions of EMBRAER Service Bulletin
170–24–0041, Revision 01, dated August 28,
2007; or 190–24–0012, Revision 01, dated
August 21, 2007; as applicable.
(i) For airplanes on which the S/N on the
RAT is 0110, 0150, 0255, or 0354 through
0419: Before further flight, re-identify RAT
P/N 1703781 to P/N 1703781A.
(ii) For airplanes on which the S/N on the
RAT is 0005, 0101 through 0109, 0111
through 0149, 0151 through 0254, or 0256
through 0353: Within 6,000 flight hours or 26
months after the effective date of this AD,
whichever occurs first, replace the RAT with
a RAT having P/N 1703781A.
(2) Previous accomplishment of the reidentification or replacement of the RAT
before the effective date of this AD in
accordance with EMBRAER Service Bulletin
170–24–0041 or 190–24–0012, both dated
May 4, 2007, meets the requirements of
(f)(1)(i) and (f)(1)(ii) of this AD, as applicable.
FAA AD Differences
Note: This AD differs from the MCAI and/
or service information as follows: No
difference.
Other FAA AD Provisions
(g) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, 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: Kenny Kaulia,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–2848; 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.
E:\FR\FM\04AUP1.SGM
04AUP1
45180
Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Proposed Rules
Related Information
(h) Refer to MCAI Brazilian Airworthiness
Directives 2007–12–01 and 2007–12–02, both
effective January 24, 2008, and EMBRAER
Service Bulletins 170–24–0041, Revision 01,
dated August 28, 2007; and 190–24–0012,
Revision 01, dated August 21, 2007; for
related information.
Issued in Renton, Washington, on July 23,
2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–17777 Filed 8–1–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–120844–07]
RIN 1545–BG70
Rules for Home Construction
Contracts
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
and Notice of Public Hearing.
ebenthall on PRODPC60 with PROPOSALS
AGENCY:
SUMMARY: This document contains
proposed regulations amending the
regulations under § 1.460 to provide
guidance to taxpayers in the home
construction industry regarding
accounting for certain long-term
construction contracts that qualify as
home construction contracts under
section 460(e)(6) of the Internal Revenue
Code (Code) and to provide guidance to
taxpayers with long-term contracts
under section 460(f) regarding certain
changes in method of accounting for
long-term contracts. This document also
provides a notice of a public hearing on
these proposed regulations.
DATES: Written comments must be
received by November 3, 2008. Outlines
of topics to be discussed at the public
hearing scheduled for December 5,
2008, at 10 a.m. must be received by
November 13, 2008.
ADDRESSES: Send submissions to
CC:PA:LPD:PR (REG–120844–07), room
5203, Internal Revenue Service, POB
7604 Ben Franklin Station, Washington,
DC 20224. Submissions may be hand
delivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to CC:PA:LPD:PR (REG–120844–07),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC. Alternatively,
taxpayers may submit comments
electronically via the Federal
VerDate Aug<31>2005
15:20 Aug 01, 2008
Jkt 214001
eRulemaking Portal at
www.regulations.gov (IRS REG–120844–
07). The public hearing will be held in
the auditorium, Internal Revenue
Service Building, 1111 Constitution
Avenue, NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Brendan P. O’Hara, (202) 622–4920;
concerning submission of comments,
the hearing, or to be placed on the
building access list to attend the
hearing, Richard Hurst, (202) 622–7180
(not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
This document contains a proposed
amendment to the Income Tax
Regulations, 26 CFR part 1, under
section 460 and §§ 1.460–3, 1.460–4,
1.460–5 and 1.460–6 of the Income Tax
Regulations. In general, section 460(a)
requires taxpayers to use the percentage
of completion method (PCM) to account
for taxable income from any long-term
contract. Section 460(e) exempts home
construction contracts from the general
requirement to use the percentage of
completion method of accounting.
Section 460(e)(6) defines a home
construction contract to be any
construction contract if 80 percent or
more of the total estimated contract
costs are reasonably expected to be
attributable to the construction of (i)
dwelling units contained in buildings
containing 4 or fewer dwelling units,
and (ii) improvements to real property
directly related to such dwelling units
and located on the site of such dwelling
units. Section 460(e)(4) defines a
construction contract to be any contract
for the building, construction,
reconstruction, or rehabilitation of, or
the installation of any integral
component to, or improvement of, real
property.
These proposed regulations expand
the types of contracts eligible for the
home construction contract exemption
and amend the rules for how taxpayerinitiated changes in methods of
accounting to comply with the
regulations under section 460 may be
implemented.
Definition of a Home Construction
Contract
Improvements to Real Property
The definition of a construction
contract under section 460(e) includes
many transactions involving land
developers and construction service
providers in the home construction
industry. For example, a construction
contract under section 460(e) includes a
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Frm 00008
Fmt 4702
Sfmt 4702
contract for the provision of land by the
taxpayer if the estimated total allocable
contract costs attributable to the
taxpayer’s construction activities (not
including the cost of the land provided
to the customer) are 10 percent or more
of the contract’s total contract price.
As noted, section 460(a) requires that
the income from any long-term contract
be recognized using the percentage of
completion method. However, taxpayers
with contracts that meet the definition
of a ‘‘home construction contract’’ are
not required to use the percentage of
completion method for those contracts
and may use an exempt method. Exempt
methods commonly used to account for
home construction contracts include the
completed contract method (CCM) and
the accrual method.
Under section 460, a home
construction contract includes any
construction contract if 80 percent of
the total estimated contract costs are
reasonably expected to be attributable to
the construction of improvements to
real property directly related to
qualifying dwelling units and located on
the site of such dwelling units.
Commentators have suggested that
many contracts entered into by land
developers in the home construction
industry should fall within the
definition of a home construction
contract.
The proposed regulations expand the
scope of the home construction contract
exemption by providing that a contract
for the construction of common
improvements is considered a contract
for the construction of improvements to
real property directly related to the
dwelling unit(s) and located on the site
of such dwelling unit(s), even if the
contract is not for the construction of
any dwelling unit. Therefore, under the
proposed regulations, a land developer
that is selling individual lots (and its
contractors and subcontractors) may
have long-term construction contracts
that qualify for the home construction
contract exemption.
Townhouses, Rowhouses, and
Condominiums
Under section 460, a home
construction contract also includes any
construction contract if 80 percent of
the total contract costs are reasonably
expected to be attributable to the
construction of dwelling units
contained in buildings containing four
or fewer dwelling units. Section
460(e)(6) states that each townhouse or
rowhouse shall be treated as a separate
building, regardless of the number of
townhouses or rowhouses physically
attached to each other. In certain
circumstances, the terms condominium
E:\FR\FM\04AUP1.SGM
04AUP1
Agencies
[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Proposed Rules]
[Pages 45178-45180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17777]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0831; Directorate Identifier 2008-NM-051-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), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed 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:
It has been found the occurrence of failed bearings of the RAT
[ram air turbine] generator, which may lead to a RAT generator
failure. The RAT generator was designed to provide emergency
electrical power to essential systems in case of loss of all other
sources of aircraft AC electrical power.
* * * * *
Loss of emergency electrical power could result in reduced
controllability of the airplane during in-flight emergencies. The
proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.
DATES: We must receive comments on this proposed AD by September 3,
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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Examining the AD Docket
You may examine the AD docket on the Internet at https://
www.regulations.gov; or in person at the Docket Operations office
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 Operations 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: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2848; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
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-2008-0831;
Directorate Identifier 2008-NM-051-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 based on 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
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directives 2007-12-01 and 2007-12-02, both effective
January 24, 2008 (referred to after this as ``the MCAI''), to correct
an unsafe condition for the specified products. The MCAI states:
It has been found the occurrence of failed bearings of the RAT
[ram air turbine] generator, which may lead to a RAT generator
failure. The RAT generator was designed to provide emergency
electrical power to essential systems in case of loss of all other
sources of aircraft AC electrical power.
Loss of emergency electrical power could result in reduced
controllability of the airplane during in-flight emergencies. The
corrective actions include determining the part number and serial
number of the RAT, and re-identifying or replacing the RAT if
necessary. You may obtain further information by examining the MCAI in
the AD docket.
Relevant Service Information
EMBRAER has issued Service Bulletins 170-24-0041, Revision 01,
dated August 28, 2007; and 190-24-0012, Revision 01, dated August 21,
2007. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making
[[Page 45179]]
these changes, we do not intend to differ substantively from the
information provided in the MCAI and related service information.
We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a Note within the proposed AD.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 124 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $9,920, or $80 per product.
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 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 this 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.
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 FAA amends Sec. 39.13 by adding the following new AD:
Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0831; Directorate Identifier 2008-NM-051-AD.
Comments Due Date
(a) We must receive comments by September 3, 2008.
Affected ADs
(b) None.
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, -100 ECJ, -200 IGW, -200
LR, and -200 STD airplanes; certificated in any category.
Subject
(d) Air Transport Association (ATA) of America Code 24:
Electrical power.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found the occurrence of failed bearings of the RAT
[ram air turbine] generator, which may lead to a RAT generator
failure. The RAT generator was designed to provide emergency
electrical power to essential systems in case of loss of all other
sources of aircraft AC electrical power.
Loss of emergency electrical power could result in reduced
controllability of the airplane during in-flight emergencies. The
corrective actions include determining the part number (P/N) and
serial number (S/N) of the RAT, and re-identifying or replacing the
RAT if necessary.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 1,300 flight hours or 6 months after the effective
date of this AD, whichever occurs first, determine the P/N and S/N
of the RAT. For airplanes on which a RAT having P/N 1703781 is
installed, do the actions specified in paragraphs (f)(1)(i) and
(f)(1)(ii) of this AD, as applicable, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 170-24-0041,
Revision 01, dated August 28, 2007; or 190-24-0012, Revision 01,
dated August 21, 2007; as applicable.
(i) For airplanes on which the S/N on the RAT is 0110, 0150,
0255, or 0354 through 0419: Before further flight, re-identify RAT
P/N 1703781 to P/N 1703781A.
(ii) For airplanes on which the S/N on the RAT is 0005, 0101
through 0109, 0111 through 0149, 0151 through 0254, or 0256 through
0353: Within 6,000 flight hours or 26 months after the effective
date of this AD, whichever occurs first, replace the RAT with a RAT
having P/N 1703781A.
(2) Previous accomplishment of the re-identification or
replacement of the RAT before the effective date of this AD in
accordance with EMBRAER Service Bulletin 170-24-0041 or 190-24-0012,
both dated May 4, 2007, meets the requirements of (f)(1)(i) and
(f)(1)(ii) of this AD, as applicable.
FAA AD Differences
Note: This AD differs from the MCAI and/or service information
as follows: No difference.
Other FAA AD Provisions
(g) The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, 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: Kenny Kaulia, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone
(425) 227-2848; 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
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.
[[Page 45180]]
Related Information
(h) Refer to MCAI Brazilian Airworthiness Directives 2007-12-01
and 2007-12-02, both effective January 24, 2008, and EMBRAER Service
Bulletins 170-24-0041, Revision 01, dated August 28, 2007; and 190-
24-0012, Revision 01, dated August 21, 2007; for related
information.
Issued in Renton, Washington, on July 23, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-17777 Filed 8-1-08; 8:45 am]
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