Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 Airplanes, 50711-50714 [E8-19143]
Download as PDF
<![CDATA[
50711
Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations
A320–25–1248, Revision 01, dated April 16,
2003; as applicable.
(1) For all airplanes: Modify the shelf (floor
panel) above ADIRU 3 by installing shims
between the shelf and the webs of the shelf
support structure.
(2) For airplanes with Airbus Modification
25900P3941 or Airbus Service Bulletin
A320–25–1200 accomplished as of January
27, 2004: Modify the polycarbonate guard
(umbrella) protecting the ADIRUs by
installing shims between the guard and the
shelf support structure.
(3) For airplanes with Airbus Modification
23027P2852 or Airbus Service Bulletin
A320–52–1038 accomplished as of January
27, 2004: Modify the ladder located in the
avionics compartment by machining the slot
at the foot of the ladder to increase the depth
by 0.236 inch.
New Requirements of This AD
Modification for Certain Airplanes
(g) For all airplanes equipped with any
ADIRU installed in accordance with Airbus
Modification 31070, 31742, or 35517, except
airplanes on which Airbus Modification
30650 or 30872 has been accomplished in
production: Within 46 months after the
effective date of this AD, modify the ADIRU
shelf supports by accomplishing all of the
applicable actions specified in the
Accomplishment Instructions of Airbus
Service Bulletin A320–25–1248, Revision 01,
dated April 16, 2003.
Replacement of ADIRUs
(h) For all airplanes except those on which
Airbus Modification 35517 has been
incorporated in production: Within 46
months after the effective date of this AD,
replace all three ADIRUs with improved
ADIRUs having P/N 465020–0303–0316 in
accordance with the Accomplishment
Instructions of Airbus Service Bulletin A320–
34–1350, dated March 20, 2006; or Airbus
Service Bulletin A320–34–1350, Revision 01,
dated December 12, 2007.
Alternative Methods of Compliance
(AMOCs)
(i) 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 Tim Dulin, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue, SW., Renton, Washington 98057–
3356; telephone (425) 227–2141; 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.
Related Information
(j) European Aviation Safety Agency
airworthiness directive 2007–0217, dated
August 9, 2007, also addresses the subject of
this AD.
Material Incorporated by Reference
(k) You must use service information
identified in Table 1 of this AD, as
applicable, to perform the actions that are
required by this AD, unless the AD specifies
otherwise.
TABLE 1—ALL MATERIAL INCORPORATED BY REFERENCE
Service bulletin
Airbus
Airbus
Airbus
Airbus
Service
Service
Service
Service
Bulletin
Bulletin
Bulletin
Bulletin
A320–25–1248
A320–25–1248
A320–34–1350
A320–34–1350
Revision level
...........................................................................................
...........................................................................................
...........................................................................................
...........................................................................................
(1) The Director of the Federal Register
approved the incorporation by reference of
the documents identified in Table 2 of this
Original ......................
01 ..............................
Original ......................
01 ..............................
Date
February 16, 2001.
April 16, 2003.
March 20, 2006.
December 12, 2007.
AD in accordance with 5 U.S.C. 552(a) and
1 CFR part 51.
TABLE 2—NEW MATERIAL INCORPORATED BY REFERENCE
Revision level
Airbus Service Bulletin A320–25–1248 ...........................................................................................
Airbus Service Bulletin A320–34–1350 ...........................................................................................
Airbus Service Bulletin A320–34–1350 ...........................................................................................
01 ..............................
Original ......................
01 ..............................
(2) On January 27, 2004 (68 FR 74172,
December 23, 2003), the Director of the
Federal Register approved the incorporation
by reference of Airbus Service Bulletin
A320–25–1248, dated February 16, 2001.
(3) Contact Airbus, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France, 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.
mstockstill on PROD1PC66 with RULES
Service bulletin
DEPARTMENT OF TRANSPORTATION
Issued in Renton, Washington, on August
6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–19138 Filed 8–27–08; 8:45 am]
Date
April 16, 2003.
March 20, 2006.
December 12, 2007.
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2007–27785; Directorate
Identifier 2006–NM–267–AD; Amendment
39–15649; AD 2008–17–11]
BILLING CODE 4910–13–P
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: Final rule.
AGENCY:
VerDate Aug<31>2005
16:19 Aug 27, 2008
Jkt 214001
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
E:\FR\FM\28AUR1.SGM
28AUR1
50712
Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations
aircraft equipped with EPIC software load
versions 17.3, 17.4, 17.5, 17.6, or 17.7.
Therefore, following a possible failure on one
FGCS channel during a given flight, such a
failure condition will remain undetected or
latent in subsequent flights. If another failure
occurs on the second FGCS channel, the
result may be a hardover command by the
autopilot.
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:
The MCAI for Model ERJ 190
airplanes states:
It has been found that some ‘‘caution’’
messages issued by the Flight Guidance
Control System (FGCS) are not displayed on
aircraft equipped with [certain] EPIC
software load[s] * * *. Therefore, following
a possible failure on one FGCS channel
during a given flight, such a failure condition
will remain undetected * * *. If another
failure occurs on the second FGCS channel,
the result may be a hardover command by the
autopilot.
It has been found that some ‘‘caution’’
messages issued by the Flight Guidance
Control System (FGCS) are not displayed on
aircraft equipped with EPIC software load
versions 4.3, 4.4, 4.5, 4.6, or 4.7. Therefore,
following a possible failure on one FGCS
channel during a given flight, such a failure
condition will remain undetected or latent in
subsequent flights. If another failure occurs
on the second FGCS channel, the result may
be a hardover command by the autopilot.
An unexpected hardover command
may cause a sudden roll, pitch, or yaw
movement, which could result in
reduced controllability of the airplane.
We are issuing this AD to require
actions to correct the unsafe condition
on these products.
DATES: This AD becomes effective
October 2, 2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 2, 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:
Todd Thompson, Aerospace Engineer,
International Branch, ANM–116, FAA,
Transport Airplane Directorate, 1601
Lind Avenue, SW., Renton, Washington
98057–3356; telephone (425) 227–1175;
fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
An unexpected hardover command
may cause a sudden roll, pitch, or yaw
movement, which could result in
reduced controllability of the airplane.
Corrective actions include a functional
check of the FGCS channels
engagement, installation of an upgrade
to the Primus EPIC Field-Loadable
Software, and replacement of the
actuator input-output processor if
necessary. You may obtain further
information by examining the MCAI in
the AD docket.
mstockstill on PROD1PC66 with RULES
Discussion
We issued a supplemental notice of
proposed rulemaking (NPRM) to amend
14 CFR part 39 to include an AD that
would apply to the specified products.
That supplemental NPRM was
published in the Federal Register on
April 11, 2008 (73 FR 19770). That
supplemental NPRM proposed to
correct an unsafe condition for the
specified products. The mandatory
continuing airworthiness information
(MCAI) for Model ERJ 170 airplanes
states:
It has been found that some ‘‘caution’’
messages issued by the Flight Guidance
Control System (FGCS) are not displayed on
VerDate Aug<31>2005
16:19 Aug 27, 2008
Jkt 214001
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the comments received.
Request To Extend Compliance Time
EMBRAER and Air Transport
Association (ATA), on behalf of one of
its members, US Airways, request that
we extend the compliance time for
installing Primus EPIC Field-Loadable
Software Version 19.3 or higher
specified in paragraph (f)(2) of the
supplemental NPRM from ‘‘within 8
months after the effective date’’ to a
specific later date. ATA requests the
compliance time be extended until
April 2009; EMBRAER suggests ‘‘no
later than April 30, 2009.’’ US Airways
states that a future upgrade, EPIC 21.4,
is expected in August 2008. US Airways
also states that airlines would prefer to
wait to install EPIC 21.4 due to
problems with EPIC Loads 19.3 and
ˆ
19.4. EMBRAER states that the Agencia
Nacional de Aviacao Civil (ANAC) will
¸˜
issue new revisions to Brazilian
Airworthiness Directives 2006–11–02
and 2006–11–03 to extend the
compliance time to April 30, 2009, for
installation of EPIC Load 19.3 or 19.4.
We agree to revise the compliance
time. ANAC has issued Brazilian
Airworthiness Directives 2006–11–02R3
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
and 2006–11–03R3, both effective June
13, 2008, which revise the compliance
time of the previous airworthiness
directives. The latest Brazilian
airworthiness directives specify a
compliance time of no later than April
30, 2009, to install the software. Based
on the nature of the software issues and
potential for certain caution messages to
not be displayed in the event of certain
other failures, we have determined that
a two-month extension of the
compliance time will not have a
significant effect on the overall safety
risk. We have revised the compliance
time for installing the software specified
in paragraph (f)(2) of this AD to ‘‘within
10 months after the effective date of the
AD.’’ The 10-month compliance time is
based on the calendar date specified in
the Brazilian airworthiness directives
and approximates the elapsed time
between the issuance of this AD and
April 30, 2009.
Conclusion
We reviewed the available data,
including the comments received, and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
We determined that these changes will
not increase the economic burden on
any operator or increase the scope of the
AD.
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
these changes, we do not intend to differ
substantively from the information
provided in the MCAI and related
service information.
We might also have required different
actions in this AD from those in the
MCAI in order to follow our FAA
policies. Any such differences are
highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect
98 products of U.S. registry. We also
estimate that it will take about 2 workhours per product to comply with the
basic requirements of this AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the
cost of this AD to the U.S. operators to
be $15,680, or $160 per product.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
E:\FR\FM\28AUR1.SGM
28AUR1
Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations
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 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 this AD:
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 AD and placed it in the AD docket.
mstockstill on PROD1PC66 with RULES
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
VerDate Aug<31>2005
16:19 Aug 27, 2008
Jkt 214001
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
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
I
2008–17–11 Empresa Brasileira de
Aeronautica S.A. (EMBRAER):
Amendment 39–15649. Docket No.
FAA–2007–27785; Directorate Identifier
2006–NM–267–AD.
Effective Date
(a) This airworthiness directive (AD)
becomes effective October 2, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model
ERJ 170–100 LR, –100 STD, –100 SE, –100
SU, –200 LR, –200 STD, and –200 SU
airplanes, certificated in any category,
equipped with Primus EPIC software load
version 17.3, 17.4, 17.5, 17.6, or 17.7; and
Model ERJ 190–100 STD, –100 LR, –100 IGW,
–200 STD, –200 LR, and –200 IGW airplanes,
certificated in any category, equipped with
Primus EPIC software load version 4.3, 4.4,
4.5, 4.6, or 4.7.
Subject
(d) Air Transport Association (ATA) of
America Code 22: Auto Flight.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) for Model
ERJ 170 airplanes states:
It has been found that some ‘‘caution’’
messages issued by the Flight Guidance
Control System (FGCS) are not displayed on
aircraft equipped with EPIC software load
versions 17.3, 17.4, 17.5, 17.6, or 17.7.
Therefore, following a possible failure on one
FGCS channel during a given flight, such a
failure condition will remain undetected or
latent in subsequent flights. If another failure
occurs on the second FGCS channel, the
result may be a hardover command by the
autopilot.
The MCAI for Model ERJ 190 airplanes
states:
It has been found that some ‘‘caution’’
messages issued by the Flight Guidance
Control System (FGCS) are not displayed on
aircraft equipped with EPIC software load
versions 4.3, 4.4, 4.5, 4.6, or 4.7. Therefore,
following a possible failure on one FGCS
channel during a given flight, such a failure
condition will remain undetected or latent in
subsequent flights. If another failure occurs
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
50713
on the second FGCS channel, the result may
be a hardover command by the autopilot.
An unexpected hardover command may
cause a sudden roll, pitch, or yaw movement,
which could result in reduced controllability
of the airplane. Corrective actions include a
functional check of the FGCS channels
engagement, installation of an upgrade to the
Primus EPIC Field-Loadable Software, and
replacement of the actuator input-output
processor if necessary.
Actions and Compliance
(f) Unless already done, do the following
actions.
(1) Within 300 flight hours after the
effective date of this AD, do a functional
check of the FGCS channels engagement, in
accordance with EMBRAER Service Bulletin
170–22–0003 or Service Bulletin 190–22–
0002, both Revision 01, both dated November
5, 2007, as applicable. Repeat the functional
check thereafter at intervals not to exceed
600 flight hours, until the terminating action
described by paragraph (f)(2) of this AD has
been done. If any malfunction of the FGCS
is discovered during any functional check
required by this paragraph, before further
flight, do all applicable replacements of the
actuator input-output processor in
accordance with the applicable service
bulletin.
Note 1: For the purpose of this AD, a
functional check is: ‘‘A quantitative check to
determine if one or more functions of an item
perform within specified limits.’’
(2) Within 10 months after the effective
date of this AD, install Primus EPIC FieldLoadable Software Version 19.3 or higher, in
accordance with EMBRAER Service Bulletin
170–31–0019, Revision 01, dated June 25,
2007; or Service Bulletin 190–31–0009,
Revision 02, dated June 29, 2007; as
applicable. Doing this installation ends the
repetitive functional checks required by
paragraph (f)(1) of this AD.
(3) Any functional check done before the
effective date of this AD in accordance with
EMBRAER Service Bulletin 170–22–0003 or
190–22–0002, both dated November 9, 2006,
as applicable, is considered acceptable for
compliance with the requirements of
paragraph (f)(1) of this AD.
FAA AD Differences
Note 2: 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: Todd Thompson,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone (425)
227–1175; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
E:\FR\FM\28AUR1.SGM
28AUR1
50714
Federal Register / Vol. 73, No. 168 / Thursday, August 28, 2008 / Rules and Regulations
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.
Issued in Renton, Washington, on August
6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–19143 Filed 8–27–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0621; Directorate
Identifier 2008–NM–015–AD; Amendment
39–15653; AD 2008–17–15]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 737–600, –700, –800, and –900
(h) Refer to MCAI Brazilian Airworthiness
Directives 2006–11–02R3 and 2006–11–03R3, Series Airplanes
both effective June 13, 2008; EMBRAER
AGENCY: Federal Aviation
Service Bulletins 170–22–0003 and 190–22–
Administration (FAA), DOT.
0002, both Revision 01, both dated November
ACTION: Final rule.
5, 2007; EMBRAER Service Bulletin 170–31–
Related Information
0019, Revision 01, dated June 25, 2007; and
EMBRAER Service Bulletin 190–31–0009,
Revision 02, dated June 29, 2007; for related
information.
Material Incorporated by Reference
(i) You must use the applicable service
information specified in Table 1 of this AD
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 Empresa Brasileira de
Aeronautica S.A. (EMBRAER), P.O. Box
343—CEP 12.225, Sao Jose dos Campos—SP,
Brazil.
(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.
01
November 5, 2007.
This AD is effective October 2,
2008.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 2, 2008.
ADDRESSES: For service information
identified in this AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
01
June 25, 2007.
Examining the AD Docket
01
November 5, 2007.
02
June 29, 2007.
TABLE 1—MATERIAL INCORPORATED
BY REFERENCE
mstockstill on PROD1PC66 with RULES
EMBRAER
Service
Bulletin—
170–22–
0003.
170–31–
0019.
190–22–
0002.
190–31–
0009.
VerDate Aug<31>2005
SUMMARY: We are adopting a new
airworthiness directive (AD) for certain
Boeing Model 737–600, –700, –800, and
–900 series airplanes. This AD requires
installing hot short protector (HSP)
support brackets and equipment for the
fuel quantity indicating system (FQIS)
fuel densitometer and other specified
actions as applicable. This AD also
requires revising the Airworthiness
Limitations (AWLs) section of the
Instructions for Continued
Airworthiness to incorporate AWL No.
28–AWL–07. This AD results from fuel
system reviews conducted by the
manufacturer. We are issuing this AD to
prevent the center tank fuel
densitometer from overheating and
becoming a potential ignition source
inside the center fuel tank, which, in
combination with flammable fuel
vapors, could result in a center fuel tank
explosion and consequent loss of the
airplane.
Revision—
Dated—
16:19 Aug 27, 2008
Jkt 214001
DATES:
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
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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:
Georgios Roussos, Aerospace Engineer,
Systems and Equipment Branch, ANM–
130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6482; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness
directive (AD) that would apply to
certain Boeing Model 737–600, –700,
–800, and –900 series airplanes. That
NPRM was published in the Federal
Register on June 9, 2008 (73 FR 32491).
That NPRM proposed to require
installing hot short protector (HSP)
support brackets and equipment for the
fuel quantity indicating system (FQIS)
fuel densitometer and other specified
actions as applicable. That NPRM
proposed to also require revising the
Airworthiness Limitations (AWLs)
section of the Instructions for Continued
Airworthiness to incorporate AWL No.
28–AWL–07.
Comments
We gave the public the opportunity to
participate in developing this AD. We
considered the single comment
received. Boeing concurs with the
NPRM.
Change to Final Rule Regarding Later
Revisions of Service Information
We removed all references to the use
of ‘‘later revisions’’ of the applicable
service information from this AD to be
consistent with FAA and Office of the
Federal Register policies. We may
consider approving the use of later
revisions of the service information as
an alternative method of compliance
with this AD, as provided by paragraph
(k) of this AD.
Conclusion
We reviewed the relevant data,
considered the comment received, and
determined that air safety and the
public interest require adopting the AD
with the change described previously.
We also determined that this change
will not increase the economic burden
E:\FR\FM\28AUR1.SGM
28AUR1
]]>Agencies
[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Rules and Regulations]
[Pages 50711-50714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19143]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2007-27785; Directorate Identifier 2006-NM-267-AD;
Amendment 39-15649; AD 2008-17-11]
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.
-----------------------------------------------------------------------
[[Page 50712]]
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:
It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with [certain] EPIC software load[s] * * *. Therefore,
following a possible failure on one FGCS channel during a given
flight, such a failure condition will remain undetected * * *. If
another failure occurs on the second FGCS channel, the result may be
a hardover command by the autopilot.
An unexpected hardover command may cause a sudden roll, pitch, or
yaw movement, which could result in reduced controllability of the
airplane. We are issuing this AD to require actions to correct the
unsafe condition on these products.
DATES: This AD becomes effective October 2, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of October 2,
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: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a supplemental notice of proposed rulemaking (NPRM) to
amend 14 CFR part 39 to include an AD that would apply to the specified
products. That supplemental NPRM was published in the Federal Register
on April 11, 2008 (73 FR 19770). That supplemental NPRM proposed to
correct an unsafe condition for the specified products. The mandatory
continuing airworthiness information (MCAI) for Model ERJ 170 airplanes
states:
It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with EPIC software load versions 17.3, 17.4, 17.5, 17.6, or
17.7. Therefore, following a possible failure on one FGCS channel
during a given flight, such a failure condition will remain
undetected or latent in subsequent flights. If another failure
occurs on the second FGCS channel, the result may be a hardover
command by the autopilot.
The MCAI for Model ERJ 190 airplanes states:
It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with EPIC software load versions 4.3, 4.4, 4.5, 4.6, or
4.7. Therefore, following a possible failure on one FGCS channel
during a given flight, such a failure condition will remain
undetected or latent in subsequent flights. If another failure
occurs on the second FGCS channel, the result may be a hardover
command by the autopilot.
An unexpected hardover command may cause a sudden roll, pitch, or
yaw movement, which could result in reduced controllability of the
airplane. Corrective actions include a functional check of the FGCS
channels engagement, installation of an upgrade to the Primus EPIC
Field-Loadable Software, and replacement of the actuator input-output
processor if necessary. You may obtain further information by examining
the MCAI in the AD docket.
Comments
We gave the public the opportunity to participate in developing
this AD. We considered the comments received.
Request To Extend Compliance Time
EMBRAER and Air Transport Association (ATA), on behalf of one of
its members, US Airways, request that we extend the compliance time for
installing Primus EPIC Field-Loadable Software Version 19.3 or higher
specified in paragraph (f)(2) of the supplemental NPRM from ``within 8
months after the effective date'' to a specific later date. ATA
requests the compliance time be extended until April 2009; EMBRAER
suggests ``no later than April 30, 2009.'' US Airways states that a
future upgrade, EPIC 21.4, is expected in August 2008. US Airways also
states that airlines would prefer to wait to install EPIC 21.4 due to
problems with EPIC Loads 19.3 and 19.4. EMBRAER states that the Agencia
Nacional de Aviacao Civil (ANAC) will issue new revisions to Brazilian
Airworthiness Directives 2006-11-02 and 2006-11-03 to extend the
compliance time to April 30, 2009, for installation of EPIC Load 19.3
or 19.4.
We agree to revise the compliance time. ANAC has issued Brazilian
Airworthiness Directives 2006-11-02R3 and 2006-11-03R3, both effective
June 13, 2008, which revise the compliance time of the previous
airworthiness directives. The latest Brazilian airworthiness directives
specify a compliance time of no later than April 30, 2009, to install
the software. Based on the nature of the software issues and potential
for certain caution messages to not be displayed in the event of
certain other failures, we have determined that a two-month extension
of the compliance time will not have a significant effect on the
overall safety risk. We have revised the compliance time for installing
the software specified in paragraph (f)(2) of this AD to ``within 10
months after the effective date of the AD.'' The 10-month compliance
time is based on the calendar date specified in the Brazilian
airworthiness directives and approximates the elapsed time between the
issuance of this AD and April 30, 2009.
Conclusion
We reviewed the available data, including the comments received,
and determined that air safety and the public interest require adopting
the AD with the change described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.
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 these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
We might also have required different actions in this AD from those
in the MCAI in order to follow our FAA policies. Any such differences
are highlighted in a NOTE within the AD.
Costs of Compliance
We estimate that this AD will affect 98 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $80 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $15,680, or $160 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue
[[Page 50713]]
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 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 this AD:
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 AD and placed it in the AD docket.
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 the NPRM, 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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
2008-17-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15649. Docket No. FAA-2007-27785; Directorate
Identifier 2006-NM-267-AD.
Effective Date
(a) This airworthiness directive (AD) becomes effective October
2, 2008.
Affected ADs
(b) None.
Applicability
(c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes,
certificated in any category, equipped with Primus EPIC software
load version 17.3, 17.4, 17.5, 17.6, or 17.7; and Model ERJ 190-100
STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes,
certificated in any category, equipped with Primus EPIC software
load version 4.3, 4.4, 4.5, 4.6, or 4.7.
Subject
(d) Air Transport Association (ATA) of America Code 22: Auto
Flight.
Reason
(e) The mandatory continuing airworthiness information (MCAI)
for Model ERJ 170 airplanes states:
It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with EPIC software load versions 17.3, 17.4, 17.5, 17.6, or
17.7. Therefore, following a possible failure on one FGCS channel
during a given flight, such a failure condition will remain
undetected or latent in subsequent flights. If another failure
occurs on the second FGCS channel, the result may be a hardover
command by the autopilot.
The MCAI for Model ERJ 190 airplanes states:
It has been found that some ``caution'' messages issued by the
Flight Guidance Control System (FGCS) are not displayed on aircraft
equipped with EPIC software load versions 4.3, 4.4, 4.5, 4.6, or
4.7. Therefore, following a possible failure on one FGCS channel
during a given flight, such a failure condition will remain
undetected or latent in subsequent flights. If another failure
occurs on the second FGCS channel, the result may be a hardover
command by the autopilot.
An unexpected hardover command may cause a sudden roll, pitch,
or yaw movement, which could result in reduced controllability of
the airplane. Corrective actions include a functional check of the
FGCS channels engagement, installation of an upgrade to the Primus
EPIC Field-Loadable Software, and replacement of the actuator input-
output processor if necessary.
Actions and Compliance
(f) Unless already done, do the following actions.
(1) Within 300 flight hours after the effective date of this AD,
do a functional check of the FGCS channels engagement, in accordance
with EMBRAER Service Bulletin 170-22-0003 or Service Bulletin 190-
22-0002, both Revision 01, both dated November 5, 2007, as
applicable. Repeat the functional check thereafter at intervals not
to exceed 600 flight hours, until the terminating action described
by paragraph (f)(2) of this AD has been done. If any malfunction of
the FGCS is discovered during any functional check required by this
paragraph, before further flight, do all applicable replacements of
the actuator input-output processor in accordance with the
applicable service bulletin.
Note 1: For the purpose of this AD, a functional check is: ``A
quantitative check to determine if one or more functions of an item
perform within specified limits.''
(2) Within 10 months after the effective date of this AD,
install Primus EPIC Field-Loadable Software Version 19.3 or higher,
in accordance with EMBRAER Service Bulletin 170-31-0019, Revision
01, dated June 25, 2007; or Service Bulletin 190-31-0009, Revision
02, dated June 29, 2007; as applicable. Doing this installation ends
the repetitive functional checks required by paragraph (f)(1) of
this AD.
(3) Any functional check done before the effective date of this
AD in accordance with EMBRAER Service Bulletin 170-22-0003 or 190-
22-0002, both dated November 9, 2006, as applicable, is considered
acceptable for compliance with the requirements of paragraph (f)(1)
of this AD.
FAA AD Differences
Note 2: 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: Todd
Thompson, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1175; fax (425) 227-1149.
Before using any approved AMOC on any airplane to
[[Page 50714]]
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 MCAI Brazilian Airworthiness Directives 2006-11-
02R3 and 2006-11-03R3, both effective June 13, 2008; EMBRAER Service
Bulletins 170-22-0003 and 190-22-0002, both Revision 01, both dated
November 5, 2007; EMBRAER Service Bulletin 170-31-0019, Revision 01,
dated June 25, 2007; and EMBRAER Service Bulletin 190-31-0009,
Revision 02, dated June 29, 2007; for related information.
Material Incorporated by Reference
(i) You must use the applicable service information specified in
Table 1 of this AD 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
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil.
(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/ibr-
locations.html.
Table 1--Material Incorporated by Reference
------------------------------------------------------------------------
EMBRAER Service Bulletin-- Revision-- Dated--
------------------------------------------------------------------------
170-22-0003.................... 01 November 5, 2007.
170-31-0019.................... 01 June 25, 2007.
190-22-0002.................... 01 November 5, 2007.
190-31-0009.................... 02 June 29, 2007.
------------------------------------------------------------------------
Issued in Renton, Washington, on August 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-19143 Filed 8-27-08; 8:45 am]
BILLING CODE 4910-13-P
