FR Doc E8-469

[Federal Register: January 16, 2008 (Volume 73, Number 11)]
[Rules and Regulations]
[Page 2799-2801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja08-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0082; Directorate Identifier 2007-NM-219-AD;
Amendment 39-15332; AD 2008-02-02]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model ERJ 170 and ERJ 190 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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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 the implementation of the Inertial
Reference Units (IRU) on the ERJ-170 [and ERJ-190] may lead, in
certain degraded modes, to an erroneous Flight Path Angle (FPA)
indication on both Primary Flight Displays, with no alert to the
flight crew. On the ERJ-170 [and ERJ-190], FPA is considered as
important as pitch and bank angle for piloting purposes.

The unsafe condition is reduced ability of the flightcrew to control
the flight path of the airplane. We are issuing this AD to require
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective February 20, 2008.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of February 20,
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: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on October 25, 2007 (72
FR 60599). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

The unsafe condition is reduced ability of the flightcrew to control
the flight path of the airplane. The corrective action is removal of
certain wiring connections in the electrical connectors of both IRUs.
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 received no comments on the NPRM or on the determination of
the cost to the public.

Revision to Final Rule for New Service Information

EMBRAER has issued a revision to a service bulletin identified in
the NPRM as an appropriate source of service information for the AD.
EMBRAER Service Bulletin 190-34-0009, Revision 01, dated October 9,
2007, incorporates an existing information notice that revises the
wiring manual reference, and adds a serial number to the effectivity of
the in-production airplanes that have an equivalent modification. We
have changed paragraphs (c) and (f) of this AD accordingly, and added a
statement in paragraph (f) giving credit for work performed in
accordance with the original version of the service bulletin.

Conclusion

We reviewed the available data and determined that air safety and
the public interest require adopting the AD with the changes 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

[[Page 2800]]

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 about 108 products of U.S.
registry. We also estimate that it will take about 6 work-hours per
product to comply with the basic requirements of this AD. The average
labor rate is $80 per work-hour. Required parts will cost about $62 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 parts. 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 this AD to the
U.S. operators to be $58,536, or $542 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 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:

2008-02-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-15332. Docket No. FAA-2007-0082; Directorate Identifier
2007-NM-219-AD.

Effective Date

(a) This airworthiness directive (AD) becomes effective February
20, 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, as identified in EMBRAER Service
Bulletin 170-34-0019, dated February 26, 2007; and Model ERJ 190-100
STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes;
certificated in any category, as identified in EMBRAER Service
Bulletin 190-34-0009, Revision 01, dated October 9, 2007.

Subject

(d) Air Transport Association (ATA) of America Code 34:
Navigation.

Reason

(e) The mandatory continuing airworthiness information (MCAI)
states:
It has been found that the implementation of the Inertial
Reference Units (IRU) on the ERJ-170 [and ERJ-190] may lead, in
certain degraded modes, to an erroneous Flight Path Angle (FPA)
indication on both Primary Flight Displays, with no alert to the
flight crew. On the ERJ-170 [and ERJ-190], FPA is considered as
important as pitch and bank angle for piloting purposes.

Actions and Compliance

(f) Within 18 months after the effective date of this AD, unless
already done, remove the wiring connections from pins 51 and 52 in
the electrical connectors of both IRUs, in accordance with the
Accomplishment Instructions of EMBRAER Service Bulletin 170-34-0019,
dated February 26, 2007; or 190-34-0009, Revision 01, dated October
9, 2007; as applicable. Actions done before the effective date of
this AD in accordance with EMBRAER Service Bulletin 190-34-0009,
dated February 26, 2007, are considered acceptable for compliance
with the requirements of this AD.

FAA AD Differences

Note: 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:
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149.
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.
(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

[[Page 2801]]

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 2007-08-03
and 2007-08-04, both effective August 27, 2007, and to EMBRAER
Service Bulletins 170-34-0019, dated February 26, 2007; and 190-34-
0009, Revision 01, dated October 9, 2007; for related information.

Material Incorporated by Reference

(i) You must use the 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 Revision level Date
Bulletin
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170-34-0 Original............................ February 26, 2007.
019
190-34-0 01.................................. October 9, 2007.
009
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Issued in Renton, Washington, on January 4, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-469 Filed 1-13-08; 8:45 am]

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