Federal Register, Volume 73 Issue 168 (Thursday, August 28, 2008)

[Federal Register Volume 73, Number 168 (Thursday, August 28, 2008)]
[Rules and Regulations]
[Pages 50711-50714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19143]

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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.

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[[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 http://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 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 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:

The MCAI for Model ERJ 190 airplanes states:

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: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

Table 1--Material Incorporated by Reference
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EMBRAER Service Bulletin-- Revision-- Dated--
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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.
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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