[Federal Register: February 5, 2008 (Volume 73, Number 24)]
[Proposed Rules]
[Page 6631-6633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe08-24]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2008-0119; Directorate Identifier 2007-NM-304-AD]
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: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to all EMBRAER Model ERJ 170-100 LR, -100
SE, -100 STD, and -100 SU airplanes; and Model ERJ 190-100 IGW, -100
LR, and -100 STD airplanes. The existing AD currently requires revising
the Limitations section of the airplane flight manual (AFM) to prohibit
the flightcrew from moving the throttle into the forward thrust range
immediately after applying the thrust reverser. This proposed AD would
add additional airplanes to the applicability and would require the AFM
revision for those additional airplanes. For certain airplanes, this
proposed AD would also require installing new, improved full-authority
digital engine-control (FADEC) software. This proposed 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 proposing 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: We must receive comments on this proposed AD by March 6, 2008.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://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 W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
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.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility
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 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: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
[[Page 6632]]
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-2008-0119;
Directorate Identifier 2007-NM-304-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 because 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 we
receive about this proposed AD.
Discussion
On May 22, 2006, we issued AD 2006-11-15, amendment 39-14619 (71 FR
30577, May 30, 2006), for all Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU
airplanes; and Model ERJ 190-100 IGW, -100 LR, and -100 STD airplanes.
That AD requires revising the Limitations section of the airplane
flight manual (AFM) to prohibit the flightcrew from moving the throttle
into the forward thrust range immediately after applying the thrust
reverser. That AD resulted 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 issued that AD to prevent the flightcrew from
performing a takeoff with a partially deployed thrust reverser, which
could result in reduced controllability of the airplane.
Actions Since Existing AD Was Issued
The preamble to AD 2006-11-15 explains that we consider the
requirements ``interim action'' and were considering further
rulemaking. We now have determined that further rulemaking is indeed
necessary, and this proposed AD follows from that determination. The
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is
the airworthiness authority for Brazil, has determined that new,
improved full-authority digital engine-control (FADEC) software must be
installed on certain airplanes to adequately address the unsafe
condition.
Since we issued AD 2006-11-15, we have type certificated EMBRAER
Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes; and Model ERJ
190-200 IGW, -200 LR, and -200 STD airplanes for operation in the U.S.
Therefore, the AFM revision required by AD 2006-11-15 should also apply
to those additional airplanes.
Relevant Service Information
EMBRAER has issued the following service bulletins:
EMBRAER Service Bulletin 170-73-0003, Revision 01, dated
September 4, 2006, for Model ERJ 170-100 LR, -100 SE, -100 STD, -100
SU, -200 LR, -200 STD, and -200 SU airplanes;
EMBRAER Service Bulletin 190-73-0005, dated November 9,
2006, for a Model ERJ 190-200 LR airplane; and
EMBRAER Service Bulletin 190-73-0009, Revision 01, dated
April 23, 2007, for Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW,
-200 LR, and -200 STD airplanes.
The service bulletins describe procedures for installing new,
improved FADEC software having a certain version or higher.
Accomplishing the actions specified in the service information is
intended to adequately address the unsafe condition. The ANAC mandated
the service information and issued Brazilian airworthiness directive
2006-03-02R1, effective February 27, 2007; and Brazilian airworthiness
directive 2006-03-03R1, effective November 9, 2007; to ensure the
continued airworthiness of these airplanes in Brazil.
FAA's Determination and Requirements of the Proposed AD
These airplanes 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 ANAC has kept the FAA informed
of the situation described above. We have examined the ANAC's findings,
evaluated all pertinent information, and determined that AD action is
necessary for airplanes of this type design that are certificated for
operation in the United States.
This proposed AD would supersede AD 2006-11-15 and would retain the
requirements of the existing AD. This proposed AD would also add Model
ERJ 170-200 LR, -200 STD, and -200 SU airplanes; and Model ERJ 190-200
IGW, -200 LR, and -200 STD airplanes to the applicability and would
require the AFM revision for those additional airplanes. This proposed
AD would also require accomplishing the actions specified in the
service information described previously.
Costs of Compliance
The following table provides the estimated costs, at an average
labor rate of $80 per hour, for U.S. operators to comply with this
proposed AD.
Estimated Costs
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Number of
Cost per U.S.-
Action Work hours Parts airplane registered Fleet cost
airplanes
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AFM revision (required by AD 2006- 1 None................. $80 76 $6,080
11-15).
AFM revision (new proposed action) 1 None................. 80 57 4,560
Software installation (new 1 The manufacturer 80 133 10,640
proposed action). states that it will
supply the required
software to
operators at no cost.
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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,
[[Page 6633]]
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
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. 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
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 Federal Aviation Administration (FAA) amends Sec. 39.13 by
removing amendment 39-14619 (71 FR 30577, May 30, 2006) and adding the
following new airworthiness directive (AD):
?>Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0119; Directorate Identifier 2007-NM-304-AD.
Comments Due Date
(a) The FAA must receive comments on this AD action by March 6,
2008.
Affected ADs
(b) This AD supersedes AD 2006-11-15.
Applicability
(c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100
SE, -100 STD, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and
Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200 LR, and -
200 STD airplanes; certificated in any category.
Unsafe Condition
(d) This AD results from 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.
Restatement of Requirements of AD 2006-11-15
Airplane Flight Manual Revision
(f) For Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU
airplanes; and Model ERJ 190-100 IGW, -100 LR, -100 STD airplanes:
Within 7 days after June 14, 2006 (the effective date of AD 2006-11-
15), 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. Factory-installation
or installation of the applicable software required by paragraph (h)
of this AD terminates the AFM revision required by this paragraph.
``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.
New Requirements of This AD
AFM Revision for New Airplanes
(g) For Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes;
and Model ERJ 190-200 IGW, -200 LR, and -200 STD airplanes: Within
14 days after the effective date of this AD, revise the Limitations
section of the EMBRAER 170/190 AFM to include the following
statement. This may be done by inserting a copy of this AD in the
AFM. Factory-installation or installation of the applicable software
required by paragraph (h) of this AD terminates the AFM revision
required by this paragraph.
``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 2: When a statement identical to that in paragraph (g) 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.
Software Installation
(h) Within 1,200 flight hours after the effective date of this
AD, install the full-authority digital engine-control (FADEC)
software specified in paragraph (h)(1), (h)(2), or (h)(3) of this
AD, as applicable. Installing the applicable software terminates the
applicable AFM revision required by paragraph (f) or (g) this AD.
(1) For Model ERJ 170-100 LR, -100 SE, -100 STD, -100 SU, -200
LR, -200 STD, and -200 SU airplanes identified in EMBRAER Service
Bulletin 170-73-0003, Revision 01, dated September 4, 2006: Install
engine FADEC software version 5.30 or higher in accordance with the
service bulletin.
(2) For the Model ERJ 190-200 LR airplane identified in EMBRAER
Service Bulletin 190-73-0005, dated November 9, 2006: Install engine
FADEC software version 5.10 or higher in accordance with the service
bulletin.
(3) For Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200
LR, and -200 STD airplanes identified in EMBRAER Service Bulletin
190-73-0009, Revision 01, dated April 23, 2007: Install engine FADEC
software version 5.20 or higher in accordance with the service
bulletin.
Alternative Methods of Compliance (AMOCs)
(i)(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.
(2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.
Related Information
(j) Brazilian airworthiness directive 2006-03-02R1, effective
February 27, 2007; and Brazilian airworthiness directive 2006-03-
03R1, effective November 9, 2007; also address the subject of this
AD.
Issued in Renton, Washington, on January 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-1990 Filed 2-4-08; 8:45 am]
BILLING CODE 4910-13-P