Airworthiness Directives; General Electric Company (GE) CF34-8E Series Turbofan Engines, 42610-42612 [E9-20281]

Download as PDF 42610 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 2. Section 201.72 is revised to read as follows: § 201.72 J. Dudley Butler, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. E9–20337 Filed 8–21–09; 8:45 am] BILLING CODE 3410–KD–P Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0821; Directorate Identifier 2008–NE–20–AD] RIN 2120–AA64 Airworthiness Directives; General Electric Company (GE) CF34–8E Series Turbofan Engines AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). SUMMARY: The FAA proposes to supersede an existing airworthiness directive (AD) for GE CF34–8E series turbofan engines with certain part number (P/N) full authority digital electronic controls (FADECs) installed. That AD currently requires removing certain P/N FADECs. This proposed superseding AD would require removal of 12 more P/Ns of FADECs. This proposed AD results from 20 additional reports received of loss of thrust control events since AD 2008–16–01 was issued. We are proposing this AD to prevent loss of thrust control of the airplane. DATES: We must receive any comments on this proposed AD by October 23, 2009. Use one of the following addresses to comment on this proposed AD. • Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. FOR FURTHER INFORMATION CONTACT: Alan Strom, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: alan.strom@faa.gov; telephone (781) 238–7143; fax (781) 238–7199. SUPPLEMENTARY INFORMATION: ADDRESSES: Comments Invited We invite you to send any written relevant data, views, or arguments regarding this proposal. Send your VerDate Nov<24>2008 14:00 Aug 21, 2009 Jkt 217001 comments to an address listed under Include ‘‘Docket No. FAA– 2008–0821; Directorate Identifier 2008– NE–20–AD’’ in the subject line of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of the proposed AD. We will consider all comments received by the closing date and may amend the proposed AD in light of those comments. We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the Web site, anyone can find and read the comments in any of our dockets, including, if provided, the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). ADDRESSES. Scales; testing of. (a) As a stockyard owner, swine contractor, market agency, dealer, packer, or live poultry dealer who weighs livestock, live poultry, or feed for purposes of purchase, sale, acquisition, payment, or settlement of livestock or live poultry, or who weighs livestock carcasses for the purpose of purchase on a carcass weight basis, or who furnishes scales for such purposes, you must have your scales tested by competent persons at least twice during each calendar year. As a scale owner, you must complete the first of the two scale tests between January 1 and June 30 of the calendar year. The remaining scale test must be completed between July 1 and December 31 of the calendar year. You must have a minimum period of 120 days between these two tests. More frequent testing will be required in cases where the scale does not maintain accuracy between tests. (b) As a stockyard owner, swine contractor, market agency, dealer, packer, or live poultry dealer who weighs livestock, livestock carcasses, live poultry, or feed for purposes of purchase, sale, acquisition, payment, or settlement of livestock, livestock carcasses or live poultry, you must furnish reports of tests and inspections on forms approved by the Administrator. You must retain one copy of the test and inspection report for yourself, and file a second copy with the P&SP regional office for the geographical region where the scale is located. (c) When scales used for weighing livestock, livestock carcasses, live poultry, or feed are tested and inspected by a State agency, municipality, or other governmental subdivision, the forms used by such agency for reporting such scale tests and inspections may be accepted in lieu of the forms approved for this same purpose by the Administrator if the forms contain substantially the same information. erowe on DSK5CLS3C1PROD with PROPOSALS-1 DEPARTMENT OF TRANSPORTATION PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 Examining the AD Docket You may examine the AD docket on the Internet at http:// 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 the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. Discussion The FAA proposes to amend 14 CFR part 39 by superseding AD 2008–16–01, Amendment 39–15619 (73 FR 44628, July 31, 2008). That AD requires removal of certain P/N FADECs. That AD was the result of six loss of thrust control events from the same software fault scenario. That condition, if not corrected, could result in loss of thrust control of the airplane. Actions Since AD 2008–16–01 Was Issued Since AD 2008–16–01 was issued, we have received 20 additional reports of loss of thrust control events, totaling 26 events to-date. Those loss of thrust control events were due to fuel metering valve feedback faults caused by connector pin micro-arcing. As a result E:\FR\FM\24AUP1.SGM 24AUP1 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules we certified further FADEC software improvements. Removal of the 12 additional FADEC P/Ns will result in the removal of all FADEC software versions prior to version 8Ev5.41. The original purpose of software version 8Ev5.40 was to mitigate the effect of such faults. The improvements prevent loss of thrust control by detecting erroneous fuel metering valve feedback signals. No loss of thrust control events due to pin arcing have occurred with the software version 8Ev5.41 improvements incorporated into the FADECs. FAA’s Determination and Requirements of the Proposed AD We have evaluated all pertinent information and identified an unsafe condition that is likely to exist or develop on other products of this same type design. For that reason, we are proposing this AD which would require removal of FADEC P/Ns 4120T00P31, 4120T00P32, 4120T00P41, 4120T00P42, 4120T00P43, 4120T00P44, 4120T00P47, 4120T00P48, 111E9320G32, 111E9320G33, 111E9320G42, 111E9320G43, 111E9320G44, 111E9320G45, 111E9320G48, and 111E9320G49, within 660 flight hours time-in-service after the effective date of the proposed AD. erowe on DSK5CLS3C1PROD with PROPOSALS-1 Costs of Compliance We estimate that this proposed AD would affect 273 engines installed on airplanes of U.S. registry. We also estimate that it would take about one work-hour per engine to perform the proposed actions, and that the average labor rate is $80 per work-hour, with a parts cost per engine of $55. Based on these figures, we estimate the total cost of the proposed AD to U.S. operators to be $36,855. This cost estimate is independent of any possible warranty coverage. 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 VerDate Nov<24>2008 14:00 Aug 21, 2009 Jkt 217001 is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings We have determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that the proposed 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. Would 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. See the ADDRESSES section for a location to examine the regulatory evaluation. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Safety. The Proposed Amendment Under the authority delegated to me by the Administrator, the Federal Aviation Administration 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 removing Amendment 39–15619 (73 FR 44628, July 31, 2008) and by adding a new airworthiness directive to read as follows: General Electric Company: Docket No. FAA– 2008–0821; Directorate Identifier 2008– NE–20–AD. Comments Due Date (a) The Federal Aviation Administration (FAA) must receive comments on this airworthiness directive (AD) action by October 23, 2009. Affected ADs (b) This AD supersedes AD 2008–16–01, Amendment 39–15619. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 42611 Applicability (c) This AD applies to General Electric Company (GE) CF34–8E series turbofan engines with full authority digital electronic controls (FADECs), part numbers (P/Ns) 4120T00P31, 4120T00P32, 4120T00P41, 4120T00P42, 4120T00P43, 4120T00P44, 4120T00P47, 4120T00P48, 111E9320G32, 111E9320G33, 111E9320G42, 111E9320G43, 111E9320G44, 111E9320G45, 111E9320G48, or 111E9320G49 installed. These engines are installed on, but not limited to, Empresa Brasileira de Aeronautica S.A. (EMBRAER) ERJ 170 series airplanes. Unsafe Condition (d) This AD results from 20 additional reports received of loss of thrust control events since AD 2008–16–01 was issued. We are issuing this AD to prevent loss of thrust control of the airplane. Compliance (e) You are responsible for having the actions required by this AD performed within the compliance times specified unless the actions have already been done. Removal of CF34–8E FADEC Versions Prior to 8Ev5.41 (f) Within 660 flight hours time-in-service (TIS) after the effective date of this AD, remove FADEC P/Ns 4120T00P31, 4120T00P32, 4120T00P41, 4120T00P42, 4120T00P43, 4120T00P44, 4120T00P47, 4120T00P48, 111E9320G32, 111E9320G33, 111E9320G42, 111E9320G43, 111E9320G44, 111E9320G45, 111E9320G48, and 111E9320G49. Installation Prohibition (g) After 660 hours TIS after the effective date of this AD, do not install any FADEC P/ N 4120T00P31, 4120T00P32, 4120T00P41, 4120T00P42, 4120T00P43, 4120T00P44, 4120T00P47, 4120T00P48, 111E9320G32, 111E9320G33, 111E9320G42, 111E9320G43, 111E9320G44, 111E9320G45, 111E9320G48, or 111E9320G49 onto any GE CF34–8E series engine. Alternative Methods of Compliance (h) The Manager, Engine Certification Office, has the authority to approve alternative methods of compliance for this AD if requested using the procedures found in 14 CFR 39.19. Related Information (i) Contact Alan Strom, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: alan.strom@faa.gov; telephone (781) 238–7143; fax (781) 238–7199, for more information about this AD. (j) Guidance on removal and replacement with an FAA-approved FADEC software version can be found in GE Alert Service Bulletin No. CF34–8E–AL S/B 73–A0020, dated November 12, 2008. E:\FR\FM\24AUP1.SGM 24AUP1 42612 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules Issued in Burlington, Massachusetts, on August 17, 2009. Peter A. White, Assistant Manager, Engine and Propeller Directorate, Aircraft Certification Service. [FR Doc. E9–20281 Filed 8–21–09; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 147 [Docket No. USCG–2009–0571] RIN 1625–AA00 Safety Zone; BW PIONEER at Walker Ridge 249, Outer Continental Shelf FPSO, Gulf of Mexico Coast Guard, DHS. Notice of proposed rulemaking. AGENCY: erowe on DSK5CLS3C1PROD with PROPOSALS-1 ACTION: SUMMARY: The Coast Guard proposes a safety zone around the BW PIONEER, a Floating Production, Storage and Offloading (FPSO) system, at Walker Ridge 249 on the Outer Continental Shelf. The purpose of the safety zone is to protect the FPSO from vessels operating outside the normal shipping channels and fairways. Placing a safety zone around the FPSO will significantly reduce the threat of allisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment. DATES: Comments and related material must be received by the Coast Guard on or before October 23, 2009. ADDRESSES: You may submit comments identified by docket number USCG– 2009–0571 using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. VerDate Nov<24>2008 17:38 Aug 21, 2009 Jkt 217001 FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or e-mail Dr. Madeleine McNamara, U.S. Coast Guard, District Eight Waterways Management Coordinator; telephone 504–671–2103, madeleine.w.mcnamara @uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2009–0571), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (via http:// www.regulations.gov) or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online via http:// www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an e-mail address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, click on the ‘‘submit a comment’’ box, which will then become highlighted in blue. In the ‘‘Document Type’’ drop down menu select ‘‘Proposed Rule’’ and insert ‘‘USCG–2009–0571’’ in the ‘‘Keyword’’ box. Click ‘‘Search’’ then click on the balloon shape in the ‘‘Actions’’ column. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, click on the ‘‘read comments’’ box, which will then become highlighted in blue. In the ‘‘Keyword’’ box, insert USCG–2009– 0571 and click ‘‘Search.’’ Click the ‘‘open Docket Folder’’ in the ‘‘Actions’’ column. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008 issue of the Federal Register (73 FR 3316). Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one by using one of the four methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. Background and Purpose The proposed safety zone is in the deepwater area of the Gulf of Mexico in Walker Ridge 249 with a center point at 26°41′46.25″ N and 090°30′30.16″ W. For the purpose of this regulation, the deepwater area is considered to be waters of 304.8 meters (1,000 feet) or greater depth, extending to the limits of the Exclusive Economic Zone (EEZ). The United States EEZ extends from the baseline up to 200 nautical miles and is contiguous to the territorial sea of the United States. Navigation in the vicinity of the safety zone consists of large commercial shipping vessels, fishing vessels, cruise ships, tugs with tows and E:\FR\FM\24AUP1.SGM 24AUP1

Agencies

[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Proposed Rules]
[Pages 42610-42612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20281]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0821; Directorate Identifier 2008-NE-20-AD]
RIN 2120-AA64


Airworthiness Directives; General Electric Company (GE) CF34-8E 
Series Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede an existing airworthiness 
directive (AD) for GE CF34-8E series turbofan engines with certain part 
number (P/N) full authority digital electronic controls (FADECs) 
installed. That AD currently requires removing certain P/N FADECs. This 
proposed superseding AD would require removal of 12 more P/Ns of 
FADECs. This proposed AD results from 20 additional reports received of 
loss of thrust control events since AD 2008-16-01 was issued. We are 
proposing this AD to prevent loss of thrust control of the airplane.

DATES: We must receive any comments on this proposed AD by October 23, 
2009.

ADDRESSES: Use one of the following addresses to comment on this 
proposed AD.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Alan Strom, Aerospace Engineer, Engine 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
alan.strom@faa.gov; telephone (781) 238-7143; fax (781) 238-7199.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments regarding this proposal. Send your comments to an address 
listed under ADDRESSES. Include ``Docket No. FAA-2008-0821; Directorate 
Identifier 2008-NE-20-AD'' in the subject line of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of the proposed AD. We will consider 
all comments received by the closing date and may amend the proposed AD 
in light of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this proposed AD. Using the search 
function of the Web site, anyone can find and read the comments in any 
of our dockets, including, if provided, the name of the individual who 
sent the comment (or signed the comment on behalf of an association, 
business, labor union, etc.). You may review the DOT's complete Privacy 
Act Statement in the Federal Register published on April 11, 2000 (65 
FR 19477-78).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://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 
the same as the Mail address provided in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

Discussion

    The FAA proposes to amend 14 CFR part 39 by superseding AD 2008-16-
01, Amendment 39-15619 (73 FR 44628, July 31, 2008). That AD requires 
removal of certain P/N FADECs. That AD was the result of six loss of 
thrust control events from the same software fault scenario. That 
condition, if not corrected, could result in loss of thrust control of 
the airplane.

Actions Since AD 2008-16-01 Was Issued

    Since AD 2008-16-01 was issued, we have received 20 additional 
reports of loss of thrust control events, totaling 26 events to-date. 
Those loss of thrust control events were due to fuel metering valve 
feedback faults caused by connector pin micro-arcing. As a result

[[Page 42611]]

we certified further FADEC software improvements. Removal of the 12 
additional FADEC P/Ns will result in the removal of all FADEC software 
versions prior to version 8Ev5.41. The original purpose of software 
version 8Ev5.40 was to mitigate the effect of such faults. The 
improvements prevent loss of thrust control by detecting erroneous fuel 
metering valve feedback signals. No loss of thrust control events due 
to pin arcing have occurred with the software version 8Ev5.41 
improvements incorporated into the FADECs.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an 
unsafe condition that is likely to exist or develop on other products 
of this same type design. For that reason, we are proposing this AD 
which would require removal of FADEC P/Ns 4120T00P31, 4120T00P32, 
4120T00P41, 4120T00P42, 4120T00P43, 4120T00P44, 4120T00P47, 4120T00P48, 
111E9320G32, 111E9320G33, 111E9320G42, 111E9320G43, 111E9320G44, 
111E9320G45, 111E9320G48, and 111E9320G49, within 660 flight hours 
time-in-service after the effective date of the proposed AD.

Costs of Compliance

    We estimate that this proposed AD would affect 273 engines 
installed on airplanes of U.S. registry. We also estimate that it would 
take about one work-hour per engine to perform the proposed actions, 
and that the average labor rate is $80 per work-hour, with a parts cost 
per engine of $55. Based on these figures, we estimate the total cost 
of the proposed AD to U.S. operators to be $36,855. This cost estimate 
is independent of any possible warranty coverage.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, Section 106, describes the 
authority of the FAA Administrator. Subtitle VII, Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701, ``General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed 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. Would 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. See the ADDRESSES section for a location 
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Under the authority delegated to me by the Administrator, the 
Federal Aviation Administration 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 removing Amendment 39-15619 (73 FR 
44628, July 31, 2008) and by adding a new airworthiness directive to 
read as follows:

General Electric Company: Docket No. FAA-2008-0821; Directorate 
Identifier 2008-NE-20-AD.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive 
comments on this airworthiness directive (AD) action by October 23, 
2009.

Affected ADs

    (b) This AD supersedes AD 2008-16-01, Amendment 39-15619.

Applicability

    (c) This AD applies to General Electric Company (GE) CF34-8E 
series turbofan engines with full authority digital electronic 
controls (FADECs), part numbers (P/Ns) 4120T00P31, 4120T00P32, 
4120T00P41, 4120T00P42, 4120T00P43, 4120T00P44, 4120T00P47, 
4120T00P48, 111E9320G32, 111E9320G33, 111E9320G42, 111E9320G43, 
111E9320G44, 111E9320G45, 111E9320G48, or 111E9320G49 installed. 
These engines are installed on, but not limited to, Empresa 
Brasileira de Aeronautica S.A. (EMBRAER) ERJ 170 series airplanes.

Unsafe Condition

    (d) This AD results from 20 additional reports received of loss 
of thrust control events since AD 2008-16-01 was issued. We are 
issuing this AD to prevent loss of thrust control of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within the compliance times specified unless the 
actions have already been done.

Removal of CF34-8E FADEC Versions Prior to 8Ev5.41

    (f) Within 660 flight hours time-in-service (TIS) after the 
effective date of this AD, remove FADEC P/Ns 4120T00P31, 4120T00P32, 
4120T00P41, 4120T00P42, 4120T00P43, 4120T00P44, 4120T00P47, 
4120T00P48, 111E9320G32, 111E9320G33, 111E9320G42, 111E9320G43, 
111E9320G44, 111E9320G45, 111E9320G48, and 111E9320G49.

Installation Prohibition

    (g) After 660 hours TIS after the effective date of this AD, do 
not install any FADEC P/N 4120T00P31, 4120T00P32, 4120T00P41, 
4120T00P42, 4120T00P43, 4120T00P44, 4120T00P47, 4120T00P48, 
111E9320G32, 111E9320G33, 111E9320G42, 111E9320G43, 111E9320G44, 
111E9320G45, 111E9320G48, or 111E9320G49 onto any GE CF34-8E series 
engine.

Alternative Methods of Compliance

    (h) The Manager, Engine Certification Office, has the authority 
to approve alternative methods of compliance for this AD if 
requested using the procedures found in 14 CFR 39.19.

Related Information

    (i) Contact Alan Strom, Aerospace Engineer, Engine Certification 
Office, FAA, Engine & Propeller Directorate, 12 New England 
Executive Park, Burlington, MA 01803; e-mail: alan.strom@faa.gov; 
telephone (781) 238-7143; fax (781) 238-7199, for more information 
about this AD.
    (j) Guidance on removal and replacement with an FAA-approved 
FADEC software version can be found in GE Alert Service Bulletin No. 
CF34-8E-AL S/B 73-A0020, dated November 12, 2008.


[[Page 42612]]


    Issued in Burlington, Massachusetts, on August 17, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E9-20281 Filed 8-21-09; 8:45 am]
BILLING CODE 4910-13-P