Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 Airplanes, 34276-34279 [E9-16779]

Download as PDF 34276 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 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, Incorporation by reference, 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: Airbus: Docket No. FAA–2009–0649; Directorate Identifier 2008-NM–218–AD. Comments Due Date (a) We must receive comments by August 14, 2009. Affected ADs (b) None. Applicability (c) This AD applies to Airbus Model A319– 111, –112, –113, –114, –115, –131, –132, and –133 airplanes; Model A320–111, –211, –212, –214, –231, –232, and –233 airplanes; and Model A321–111, –112, –131, –211, –212, –213, –231, and –232 airplanes; certificated in any category; all manufacturer serial numbers (MSN); equipped with Electronic Instrument System 1 (EIS1) standard V32 (Display Management Computer (DMC) Part Number (P/N) 9615325032), EIS1 standard V40 (DMC P/N 9615325040), or EIS1 standard V50 (DMC P/N 9615325050). srobinson on DSKHWCL6B1PROD with PROPOSALS Subject (d) Air Transport Association (ATA) of America Code 31: Instruments. Reason (e) The mandatory continuing airworthiness information (MCAI) states: Two incidents [of near mid-air collision] have occurred on Airbus A320 Family aircraft during [a] Resolution Advisory [from the] Traffic Alert and Collision Avoidance System (TCAS). One of the Human-Machine Interface (HMI) factors was the lack of visibility of relevant information on the Primary Flight Display (PFD). This condition, if not corrected, could result in erroneous interpretation of TCAS Resolution Advisories, leading to an increased risk of mid-air collision. EIS1 software standard V60 introduces modifications to the vertical speed indication VerDate Nov<24>2008 15:16 Jul 14, 2009 Jkt 217001 to further improve the legibility in the case of TCAS Resolution Advisory. This modification consists of a change in the needle colour and thickness and an increase in width of the TCAS green band. For the reasons described above, this AD requires the introduction of the new software standard V60 and prohibits reinstallation of earlier software versions V32, V40 and V50. dated January 22, 2008, for related information. Actions and Compliance (f) Unless already done, do the following actions: (1) Within 60 months after the effective date of this AD, modify the airplane by installing EIS1 software standard V60 (DMC P/N 9615325060) in accordance with the instructions of Airbus Mandatory Service Bulletin A320–31–1286, dated January 22, 2008. (2) After modifying an airplane as required by paragraph (f)(1) of this AD, no person shall install EIS1 software standard V32 (DMC P/N 9615325032), EIS1 software standard V40 (DMC P/N 9615325040), or EIS1 software standard V50 (DMC P/N 9615325050) on that airplane. BILLING CODE 4910–13–P FAA AD Differences Note 1: 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: 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 principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. (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 European Aviation Safety Agency Airworthiness Directive 2008– 0198, dated November 4, 2008; and Airbus Mandatory Service Bulletin A320–31–1286, PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 Issued in Renton, Washington, on July 9, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–16778 Filed 7–14–09; 8:45 am] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0610; Directorate Identifier 2009–NM–021–AD] RIN 2120–AA64 Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model ERJ 170 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: The result of re-assessment of rotor burst analysis has shown the possibility of loss of electrical power supply to the following aircraft systems: Air Data System (ADS), Ailerons, Multifunctional spoilers and rudder, which result in loss of the aircraft pitch and yaw control. * * * * * 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 August 14, 2009. 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 E:\FR\FM\15JYP1.SGM 15JYP1 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules p.m., Monday through Friday, except Federal holidays. For service information identified in this proposed AD, contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical Publications Section (PC 060), Av. Brigadeiro Faria ˜ Lima, 2170—Putim—12227–901 Sao Jose dos Campos—SP—BRASIL; telephone: +55 12 3927–5852 or +55 12 3309–0732; fax: +55 12 3927–7546; email: distrib@embraer.com.br; Internet: https://www.flyembraer.com. You may review copies of the referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information on the availability of this material at the FAA, call 425–227–1221 or 425–227–1152. 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–2009–0610; Directorate Identifier 2009–NM–021–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. 34277 Discussion ˆ The Agencia Nacional de Aviacao ¸˜ Civil (ANAC), which is the aviation authority for Brazil, has issued Brazilian Airworthiness Directive 2008–09–01, dated September 30, 2008 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products. The MCAI states: The result of re-assessment of rotor burst analysis has shown the possibility of loss of electrical power supply to the following aircraft systems: Air Data System (ADS), Ailerons, Multifunctional spoilers and rudder, which result in loss of the aircraft pitch and yaw control. * * * * * Required actions include modifying the electrical wiring in the overhead panel of the cockpit, modifying the air data smart probe 3B power supply bus, and modifying the Aeronautical Radio Incorporated (ARINC) 429 data bus, as applicable. You may obtain further information by examining the MCAI in the AD docket. Relevant Service Information Embraer has issued the service bulletins listed in the ‘‘Service Information’’ table. SERVICE INFORMATION Embraer Service Bulletin— Revision— Dated— 170–24–0019 ..................................................................... 170–24–0020 ..................................................................... 170–31–0020 ..................................................................... Original ............................................................................. Original ............................................................................. 01 ...................................................................................... December 6, 2006. November 30, 2006. May 21, 2008. The actions described in this service information are intended to correct the unsafe condition identified in the MCAI. srobinson on DSKHWCL6B1PROD with PROPOSALS 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. VerDate Nov<24>2008 15:16 Jul 14, 2009 Jkt 217001 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 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 77 products of U.S. registry. We also estimate that it would take PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 about 62 work-hours per product to comply with the basic requirements of this proposed AD. The average labor rate is $80 per work-hour. Required parts would cost about $668 per product. Where the service information lists required parts costs that are covered under warranty, we have assumed that there will be no charge for these costs. As we do not control warranty coverage for affected parties, some parties may incur costs higher than estimated here. Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $433,356, or $5,628 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 E:\FR\FM\15JYP1.SGM 15JYP1 34278 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 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, Incorporation by reference, 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: srobinson on DSKHWCL6B1PROD with PROPOSALS 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. VerDate Nov<24>2008 15:16 Jul 14, 2009 Jkt 217001 § 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–2009–0610; Directorate Identifier 2009–NM–021–AD. Comments Due Date (a) We must receive comments by August 14, 2009. 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; as identified in Embraer Service Bulletins 170– 24–0019, dated December 6, 2006; 170–24– 0020, dated November 30, 2006; and 170–31– 0020, Revision 01, dated May 21, 2008. Subject (d) Air Transport Association (ATA) of America Codes 24 and 31: Electrical power and Instruments, respectively. Reason (e) The mandatory continuing airworthiness information (MCAI) states: The result of re-assessment of rotor burst analysis has shown the possibility of loss of electrical power supply to the following aircraft systems: Air Data System (ADS), Ailerons, Multifunctional spoilers and rudder, which result in loss of the aircraft pitch and yaw control. * * * * * Required actions include modifying the electrical wiring in the overhead panel of the cockpit, modifying the air data smart probe 3B power supply bus, and modifying the Aeronautical Radio Incorporated (ARINC) 429 data bus, as applicable. Actions and Compliance (f) Unless already done, do the following actions as applicable. (1) For airplanes identified in Embraer Service Bulletin 170–24–0019, dated December 6, 2006: Within 6,000 flight hours after the effective date of this AD, modify the electrical wiring in the overhead panel of the cockpit in accordance with Embraer Service Bulletin 170–24–0019, dated December 6, 2006. (2) For airplanes identified in Embraer Service Bulletin 170–24–0020, dated November 30, 2006: Within 6,000 flight hours after the effective date of this AD, change the Air Data Smart Probe 3 channel B power supply bus from ESS2 to ESS3 in accordance with Embraer Service Bulletin 170–24–0020, dated November 30, 2006. (3) For airplanes identified in Embraer Service Bulletin 170–31–0020, Revision 01, dated May 21, 2008: Within 6,000 flight hours after the effective date of this AD, PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 duplicate the Aeronautical Radio Incorporated (ARINC) 429 airspeed signal for an extension longer than the rotor burst impact area; change the primary power source for the modular avionics unit (MAU) 2 from DC BUS 2 to DC ESS BUS 2 to include an additional ground and to provide dual electrical power to MAU 2; and change the wiring of the slat/flap actuators control electronics (SF–ACE) 1 and 2 to primary actuator control electronics (P–ACE) 1, 2, and 3; in accordance with Embraer Service Bulletin 170–31–0020, Revision 01, dated May 21, 2008. (4) Actions accomplished before the effective date of this AD according to Embraer Service Bulletin 170–31–0020, dated July 20, 2007, are considered acceptable for compliance with the corresponding actions specified in this AD. FAA AD Differences Note 1: 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, 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 principal maintenance inspector (PMI) or principal avionics inspector (PAI), as appropriate, or lacking a principal inspector, your local Flight Standards District Office. (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 ˆ (h) Refer to MCAI Agencia Nacional de Aviacao Civil (ANAC) Airworthiness ¸˜ Directive 2008–09–01, dated September 30, 2008, and the service information identified in Table 1 of this AD, for related information. E:\FR\FM\15JYP1.SGM 15JYP1 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Proposed Rules 34279 TABLE 1—SERVICE INFORMATION Embraer Service Bulletin— Revision— Dated— 170–24–0019 ..................................................................... 170–24–0020 ..................................................................... 170–31–0020 ..................................................................... Original ............................................................................. Original ............................................................................. 01 ...................................................................................... December 6, 2006. November 30, 2006. May 21, 2008. Issued in Renton, Washington, on July 8, 2009. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E9–16779 Filed 7–14–09; 8:45 am] BILLING CODE 4910–13–P submissions from members of the public is to make these submissions available for public viewing on the Internet at https://www.regulations.gov as they are received without change, including any personal identifiers or contact information. DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: Mr Algie Walker Jr. at (240) 857–5380, al.walker@afncr.af.mil Department of the Air Force SUPPLEMENTARY INFORMATION: 32 CFR Part 865 Executive Order 12866, ‘‘Regulatory Planning and Review’’ [Docket No. USAF–2008–0002] RIN 0701–AA74 Personnel Review Boards AGENCY: Department of the Air Force, Department of Defense. ACTION: Proposed rule. The Department of the Air Force is proposing to amend part 865 of Chapter VII, Title 32, Code of Federal Regulations, by revising Subpart A, Air Force Board for Correction of Military Records. Subpart A establishes procedures for the consideration of applications for the correction of military records and provides guidance to applicants and others interested in the process. This revision incorporates format changes and clarifies various minor provisions of the subpart. The public is invited to participate in this rulemaking by submitting comments to the point of contact listed below. DATES: Interested parties should submit written comments on or before September 14, 2009. ADDRESSES: You may submit comments, identified by docket number and/or RIN number and title, by any of the following methods: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 1160 Defense Pentagon, OSD Mailroom 3C843, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name and docket number or Regulatory Information Number (RIN) for this Federal Register document. The general policy for comments and other srobinson on DSKHWCL6B1PROD with PROPOSALS SUMMARY: VerDate Nov<24>2008 15:16 Jul 14, 2009 Jkt 217001 It has been determined that 32 CFR part 865 is not a significant regulatory action. This rule does not: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of the recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive Order. Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104–4) It has been certified that 32 CFR Part 865 does not contain a Federal Mandate that may result in the expenditure by State, local and Tribal governments, in aggregate, or by the private sector, of $100 million or more in any one year. Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. 601) It has been determined that this rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, have a significant economic impact on a substantial number of small entities. Public Law 95–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35) It has been certified that 32 CFR part 865 does not impose any additional PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Existing reporting and recordkeeping requirements approved under OMB Control Number 0704–0003, Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552, will be used. Federalism (Executive Order 13132) It has been certified that 32 CFR Part 865 does not have federalism implications, as set forth in Executive Order 13132. This rule does not have substantial direct effects on: (1) The States; (2) The relationship between the National Government and the States; or (3) The distribution of power and responsibilities among the various levels of government. List of Subjects in 32 CFR Part 865 Administrative practices and procedures, Military personnel, Records. Accordingly, 32 CFR Part 865, Subpart A, is proposed to be revised to read as follows: PART 865—PERSONNEL REVIEW BOARDS 1. The authority citation for 32 CFR part 865 continues to read as follows: Authority: 10 U.S.C. 1034, 1552.2. 2. Revise Subpart A to read as follows: Subpart A—Air Force Board for Correction of Military Records Sec. 865.0 Purpose. 865.1 Setup of the Board. 865.2 Board responsibilities. 865.3 Application procedures. 865.4 Board actions. 865.5 Decision of the Secretary of the Air Force. 865.6 Reconsideration of applications. 865.7 Action after final decision. 865.8 Miscellaneous provisions. Subpart A—Air Force Board for Correction of Military Records § 865.0 Purpose. This subpart sets up procedures for correction of military records to remedy error or injustice. It tells how to apply for correction of military records and how the Air Force Board for Correction E:\FR\FM\15JYP1.SGM 15JYP1

Agencies

[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Proposed Rules]
[Pages 34276-34279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16779]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0610; Directorate Identifier 2009-NM-021-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 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:

    The result of re-assessment of rotor burst analysis has shown 
the possibility of loss of electrical power supply to the following 
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional 
spoilers and rudder, which result in loss of the aircraft pitch and 
yaw control.
* * * * *

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 August 14, 2009.

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

[[Page 34277]]

p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--
12227-901 S[atilde]o Jose dos Campos--SP--BRASIL; telephone: +55 12 
3927-5852 or +55 12 3309-0732; fax: +55 12 3927-7546; e-mail: 
distrib@embraer.com.br; Internet: https://www.flyembraer.com. You may 
review copies of the referenced service information at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington. For information on the availability of this material at the 
FAA, call 425-227-1221 or 425-227-1152.

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-2009-0610; 
Directorate Identifier 2009-NM-021-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 Directive 2008-09-01, dated September 30, 2008 (referred 
to after this as ``the MCAI''), to correct an unsafe condition for the 
specified products. The MCAI states:

    The result of re-assessment of rotor burst analysis has shown 
the possibility of loss of electrical power supply to the following 
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional 
spoilers and rudder, which result in loss of the aircraft pitch and 
yaw control.
* * * * *

Required actions include modifying the electrical wiring in the 
overhead panel of the cockpit, modifying the air data smart probe 3B 
power supply bus, and modifying the Aeronautical Radio Incorporated 
(ARINC) 429 data bus, as applicable. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued the service bulletins listed in the ``Service 
Information'' table.

                                               Service Information
----------------------------------------------------------------------------------------------------------------
       Embraer Service Bulletin--                Revision--                            Dated--
----------------------------------------------------------------------------------------------------------------
170-24-0019............................  Original..................  December 6, 2006.
170-24-0020............................  Original..................  November 30, 2006.
170-31-0020............................  01........................  May 21, 2008.
----------------------------------------------------------------------------------------------------------------

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 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 77 products of U.S. registry. We also estimate that 
it would take about 62 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Required parts would cost about $668 per product. Where the 
service information lists required parts costs that are covered under 
warranty, we have assumed that there will be no charge for these costs. 
As we do not control warranty coverage for affected parties, some 
parties may incur costs higher than estimated here. Based on these 
figures, we estimate the cost of the proposed AD on U.S. operators to 
be $433,356, or $5,628 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

[[Page 34278]]

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, Incorporation by 
reference, 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-
2009-0610; Directorate Identifier 2009-NM-021-AD.

Comments Due Date

    (a) We must receive comments by August 14, 2009.

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; as identified in Embraer Service 
Bulletins 170-24-0019, dated December 6, 2006; 170-24-0020, dated 
November 30, 2006; and 170-31-0020, Revision 01, dated May 21, 2008.

Subject

    (d) Air Transport Association (ATA) of America Codes 24 and 31: 
Electrical power and Instruments, respectively.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:

    The result of re-assessment of rotor burst analysis has shown 
the possibility of loss of electrical power supply to the following 
aircraft systems: Air Data System (ADS), Ailerons, Multifunctional 
spoilers and rudder, which result in loss of the aircraft pitch and 
yaw control.
* * * * *

Required actions include modifying the electrical wiring in the 
overhead panel of the cockpit, modifying the air data smart probe 3B 
power supply bus, and modifying the Aeronautical Radio Incorporated 
(ARINC) 429 data bus, as applicable.

Actions and Compliance

    (f) Unless already done, do the following actions as applicable.
    (1) For airplanes identified in Embraer Service Bulletin 170-24-
0019, dated December 6, 2006: Within 6,000 flight hours after the 
effective date of this AD, modify the electrical wiring in the 
overhead panel of the cockpit in accordance with Embraer Service 
Bulletin 170-24-0019, dated December 6, 2006.
    (2) For airplanes identified in Embraer Service Bulletin 170-24-
0020, dated November 30, 2006: Within 6,000 flight hours after the 
effective date of this AD, change the Air Data Smart Probe 3 channel 
B power supply bus from ESS2 to ESS3 in accordance with Embraer 
Service Bulletin 170-24-0020, dated November 30, 2006.
    (3) For airplanes identified in Embraer Service Bulletin 170-31-
0020, Revision 01, dated May 21, 2008: Within 6,000 flight hours 
after the effective date of this AD, duplicate the Aeronautical 
Radio Incorporated (ARINC) 429 airspeed signal for an extension 
longer than the rotor burst impact area; change the primary power 
source for the modular avionics unit (MAU) 2 from DC BUS 2 to DC ESS 
BUS 2 to include an additional ground and to provide dual electrical 
power to MAU 2; and change the wiring of the slat/flap actuators 
control electronics (SF-ACE) 1 and 2 to primary actuator control 
electronics (P-ACE) 1, 2, and 3; in accordance with Embraer Service 
Bulletin 170-31-0020, Revision 01, dated May 21, 2008.
    (4) Actions accomplished before the effective date of this AD 
according to Embraer Service Bulletin 170-31-0020, dated July 20, 
2007, are considered acceptable for compliance with the 
corresponding actions specified in this AD.

FAA AD Differences

    Note 1: 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, 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 principal 
maintenance inspector (PMI) or principal avionics inspector (PAI), 
as appropriate, or lacking a principal inspector, your local Flight 
Standards District Office.
    (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 Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) Airworthiness Directive 2008-09-
01, dated September 30, 2008, and the service information identified 
in Table 1 of this AD, for related information.

[[Page 34279]]



                                          Table 1--Service Information
----------------------------------------------------------------------------------------------------------------
       Embraer Service Bulletin--                Revision--                            Dated--
----------------------------------------------------------------------------------------------------------------
170-24-0019............................  Original..................  December 6, 2006.
170-24-0020............................  Original..................  November 30, 2006.
170-31-0020............................  01........................  May 21, 2008.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on July 8, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E9-16779 Filed 7-14-09; 8:45 am]
BILLING CODE 4910-13-P
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