[Federal Register: May 30, 2006 (Volume 71, Number 103)]
[Rules and Regulations]
[Page 30577-30579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my06-8]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24897; Directorate Identifier 2006-NM-111-AD;
Amendment 39-14619; AD 2006-11-15]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
Airplanes; and Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model
ERJ 190-100 LR, -100 STD, and -100 IGW Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
EMBRAER Model ERJ 170 and Model ERJ 190 airplanes. This AD requires
revising the Limitations section of the airplane flight manual to
prohibit the flightcrew from moving the throttle into the forward
thrust range immediately after applying the thrust reverser. This AD
results from a report that, during landing, the thrust reverser may not
re-stow completely if the throttle lever is moved into the forward
thrust range immediately after the thrust reverser is applied. We are
issuing this AD to prevent the flightcrew from performing a takeoff
with a partially deployed thrust reverser, which could result in
reduced controllability of the airplane.
DATES: This AD becomes effective June 14, 2006.
We must receive comments on this AD by July 31, 2006.
ADDRESSES: Use one of the following addresses to submit comments on
this AD.
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590.
Fax: (202) 493-2251.
Hand Delivery: Room PL-401 on the plaza level of the
Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425)
227-1175; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Discussion
The Departamento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, notified us that an unsafe condition may exist on
all EMBRAER Model ERJ 170 and Model ERJ 190 airplanes. The DAC advises
that, during landing, the thrust reverser may not re-stow completely if
the throttle lever is moved into the forward thrust range immediately
(that is, within 0.2 seconds) after the thrust reverser is applied. If
the flightcrew subsequently performs a takeoff, the airplane may become
airborne with a partially deployed thrust reverser. This condition, if
not corrected, could result in reduced controllability of the airplane.
The DAC issued Brazilian airworthiness directives 2006-03-02, effective
April 21, 2006 (for all Model ERJ 170 airplanes); and 2006-03-03,
effective April 21, 2006 (for all Model ERJ 190 airplanes), to ensure
the continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of This AD
These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. We have examined the DAC's findings,
evaluated all pertinent information, and determined that we need to
issue an AD for products of this type design that are certificated for
operation in the United States. Therefore, we are issuing this AD to
prevent the flightcrew from performing a takeoff with a partially
deployed thrust reverser, which could result in reduced controllability
of the airplane.
[[Page 30578]]
This AD requires revising the Limitations section of the airplane
flight manual to prohibit the flightcrew from moving the throttle into
the forward thrust range immediately after applying the thrust
reverser.
Interim Action
We consider this AD interim action. If final action is later
identified, we may consider further rulemaking then.
FAA's Determination of the Effective Date
An unsafe condition exists that requires the immediate adoption of
this AD; therefore, providing notice and opportunity for public comment
before the AD is issued is impracticable, and good cause exists to make
this AD effective in less than 30 days.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any relevant written
data, views, or arguments regarding this AD. Send your comments to an
address listed in the ADDRESSES section. Include ``Docket No. FAA-2006-
24897; Directorate Identifier 2006-NM-111-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD that might
suggest a need to modify it.
We will post all comments we receive, without change, to http://dms.dot.gov
, including any personal information you provide. We will
also post a report summarizing each substantive verbal contact with FAA
personnel concerning this AD. Using the search function of that Web
site, anyone can find and read the comments in any of our dockets,
including 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), or you may visit
http://dms.dot.gov.
Examining the Docket
You may examine the AD docket on the Internet at http://dms.dot.gov
, or in person at the Docket Management Facility office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Management Facility office (telephone (800) 647-
5227) is located on the plaza level of the Nassif Building at the DOT
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after the Docket Management System
receives them.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
We are issuing this rulemaking under the authority described in
subtitle VII, part A, subpart III, section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that the 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 AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, 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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
adding the following new airworthiness directive (AD):
2006-11-15 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-14619. Docket No. FAA-2006-24897; Directorate
Identifier 2006-NM-111-AD.
Effective Date
(a) This AD becomes effective June 14, 2006.
Affected ADs
(b) None.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
STD, -100 SE, and -100 SU airplanes; and all Model ERJ 190-100 STD,
-100 LR, and -100 IGW airplanes; certificated in any category.
Unsafe Condition
(d) This AD results from a report that, during landing, the
thrust reverser may not re-stow completely if the throttle lever is
moved into the forward thrust range immediately after the thrust
reverser is applied. We are issuing this AD to prevent the
flightcrew from performing a takeoff with a partially deployed
thrust reverser, which could result in reduced controllability of
the airplane.
Compliance
(e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.
Airplane Flight Manual Revision
(f) Within 7 days after the effective date of this AD, revise
the Limitations section of the EMBRAER 170/190 Airplane Flight
Manual (AFM) to include the following statement. This may be done by
inserting a copy of this AD in the AFM.
``After applying thrust reverser, do not move the throttle back
to the forward thrust range, unless the REV icon on the EICAS is
shown in amber or green.''
Note 1: When a statement identical to that in paragraph (f) of
this AD has been included in the general revisions of the AFM, the
general revisions may be inserted into the AFM, and the copy of this
AD may be removed from the AFM.
Alternative Methods of Compliance (AMOCs)
(g)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
[[Page 30579]]
(2) Before using any AMOC approved in accordance with Sec.
39.19 on any airplane to which the AMOC applies, notify the
appropriate principal inspector in the FAA Flight Standards
Certificate Holding District Office.
Related Information
(h) Brazilian airworthiness directives 2006-03-02, effective
April 21, 2006; and 2006-03-03, effective April 21, 2006, also
address the subject of this AD.
Material Incorporated by Reference
(i) None.
Issued in Renton, Washington, on May 22, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 06-4909 Filed 5-26-06; 8:45 am]
BILLING CODE 4910-13-P