[Federal Register Volume 69, Number 250 (Thursday, December 30, 2004)]
[Rules and Regulations]
[Pages 78300-78303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28707]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2004-19972; Directorate Identifier 2004-NM-273-AD; 
Amendment 39-13924; AD 2004-26-12]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), 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 series airplanes. This AD requires revising the 
airplane flight manual (AFM) to include certain operational 
instructions and prohibit dispatch of any flight with the integrated 
electronic standby system (IESS) inoperative, even though it is allowed 
by the current version of the Master Minimum Equipment List; and 
performing a test to determine proper operation of the network 
interface card (NIC) communications and repairing if necessary. This AD 
also requires

[[Page 78301]]

installing a certain software version of the PRIMUS EPIC system, after 
which the AFM revision must be removed from the AFM. This AD is 
prompted by reports of temporary loss of all cockpit display units 
(DU). We are issuing this AD to prevent temporary or possible sustained 
loss of all modular avionics units (MAU), which triggers a cascade of 
failures in systems dependent on MAUs functionalities. Such failures 
could reduce the flightcrew's situational awareness and increase 
workload and consequently reduce the ability of the flightcrew to 
maintain the safe flight and landing of the airplane.

DATES: Effective December 30, 2004.
    The incorporation by reference of certain publications listed in 
the AD is approved by the Director of the Federal Register as of 
December 30, 2004.
    We must receive comments on this AD by February 28, 2005.

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 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. You can examine this information 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/code_of_federal_regulations/ibr_locations.html.
    You can examine the contents of this AD docket on the Internet at 
http://dms.dot.gov, or in person at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street, SW., room PL-
401, on the plaza level of the Nassif Building, Washington, DC. This 
docket number is FAA-2004-19972; the directorate identifier for this 
docket is 2004-NM-273-AD.

Examining the Docket

    You can 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 DMS receives them.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, FAA, Transport Airplane Directorate, 1601 Lind 
Avenue, SW., Renton, Washington 98055-4056; telephone (425) 227-1503; 
fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, notified the FAA that 
an unsafe condition may exist on all Empresa Brasileira de Aeronautica 
S.A. (EMBRAER) ERJ 170 series airplanes. The DAC advises that, during 
some flight tests performed by the manufacturer on Model ERJ 170 
prototype airplanes, a temporary loss of all display units (DU) 
occurred. Post-incident investigation showed that this failure could be 
traced to a failure on the master timer network interface card (NIC)/
network interface integrated module (NIM) synchronizer, which provides 
timing signals for the avionics standard communication bus (ASCB). In 
that scenario, for approximately 4 seconds, the pilots were left with 
only the integrated electronic standby system (IESS) for basic flying, 
with only a very high frequency (VHF) radio for voice communication. In 
all reported cases, the system recovered without any specific pilot 
action. However, further investigation showed the theoretical 
possibility of a sustained loss of all modular avionics units (MAU), 
which triggers a cascade of failures in systems dependent on MAU 
functionalities. These functionalities include DUs, flight control 
system normal mode, autopilot, and autothrottle.
    Temporary or possible sustained loss of all MAUs, if not corrected, 
could trigger a cascade of failures in systems dependent on MAU 
functionalities. Such failures could reduce the flightcrew's 
situational awareness and increase workload and consequently reduce the 
ability of the flightcrew to maintain the safe flight and landing of 
the airplane.

Other Relevant Rulemaking

    We have determined that Gulfstream Model GV-SP series airplanes may 
be subject to an unsafe condition similar to that addressed in this AD. 
Therefore, we are considering additional rulemaking to address that 
unsafe condition on that airplane model.

Relevant Service Information

    EMBRAER has issued Operational Bulletin 170-011/04, Revision 1, 
dated December 23, 2004. The operational bulletin informs operators of 
the possibility of loss of all MAUs, and provides procedures for 
operation in the event that this type of failure occurs. The 
operational bulletin also prohibits operators from dispatch with the 
IESS inoperative, even though it is allowed by the current version of 
the Master Minimum Equipment List.
    EMBRAER has issued Service Bulletin 170-31-0003, dated December 23, 
2004. This service bulletin describes procedures for performing a test 
to assess the general conditions of the NIC communications, and making 
repairs if necessary.
    EMBRAER has issued Service Bulletin 170-31-0002, dated December 23, 
2004. This service bulletin describes procedures for installing the 
software version of the PRIMUS EPIC system identified as ``load 15.3'' 
or higher, after which the AFM revision described previously may be 
removed.
    Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The DAC mandated 
the service information and issued Brazilian emergency airworthiness 
directive 2004-12-04, effective December 27, 2004, to ensure the 
continued airworthiness of these airplanes in Brazil.

FAA's Determination and Requirements of This AD

    This airplane model is manufactured in Brazil and is 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 temporary or possible 
sustained

[[Page 78302]]

loss of all MAUs, which triggers a cascade of failures in systems 
dependent on MAUs functionalities. Such failures could reduce the 
flightcrew's situational awareness and increase workload and 
consequently reduce the ability of the flightcrew to maintain the safe 
flight and landing of the airplane. This AD requires accomplishing the 
actions specified in the service information described previously, 
except as discussed under ``Differences Between This AD and the Service 
Information.''

Differences Between This AD and the Service Information

    EMBRAER Service Bulletin 170-31-0003 specifies that you may contact 
the manufacturer for instructions on how to repair certain conditions, 
but this AD requires you to repair those conditions using a method that 
we or the DAC (or its delegated agent) approve. In light of the type of 
repair that is required to address the unsafe condition, and consistent 
with existing bilateral airworthiness agreements, we have determined 
that, for this AD, a repair we or the DAC approve is acceptable for 
compliance with this AD.
    Although the Accomplishment Instructions of EMBRAER Service 
Bulletin 170-31-0003 specify submitting test results to the airplane 
manufacturer, this AD does not require that action.

Differences Between This AD and the Brazilian AD

    Although the Brazilian AD requires operators to revise the 
Emergency and Abnormal Procedures Sections of the AFM, this AD requires 
that the Limitations Section of the AFM be revised. The Limitations 
Section of the AFM is the only mandatory AFM section.

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 under ADDRESSES. Include ``Docket No. FAA-2004-19972; 
Directorate Identifier 2004-NM-273-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the AD. We will consider 
all comments received by the closing date and may amend the AD in light 
of those comments.
    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 our docket 
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 can review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78), or you can visit 
http://dms.dot.gov.

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. 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, 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 airworthiness 
directive (AD):

2004-26-12 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-13924. Docket No. FAA-2004-19972; Directorate 
Identifier 2004-NM-273-AD.

Effective Date

    (a) This AD becomes effective December 30, 2004.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170 series 
airplanes, certificated in any category.

Unsafe Condition

    (d) This AD was prompted by reports of temporary loss of all 
cockpit display units (DU). The Federal Aviation Administration is 
issuing this AD to prevent temporary or possible sustained loss of 
all MAUs, which triggers a cascade of failures in systems dependent 
on MAUs functionalities. Such failures could reduce the flightcrew's 
situational awareness and increase workload and consequently reduce 
the ability of the flightcrew to maintain the safe flight and 
landing 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.

[[Page 78303]]

Airplane Flight Manual (AFM) Revision

    (f) Within 72 hours after the effective date of the AD: Revise 
the Limitations Section of the EMBRAER ERJ 170 AFM by inserting a 
copy of EMBRAER Operational Bulletin 170-011/04, Revision 1, dated 
December 23, 2004, into the AFM.

Network Interface Card (NIC) Test

    (g) Within 30 days after the effective date of this AD, or 
before or concurrently with doing the software installation required 
by paragraph (h) of this AD, whichever occurs first: Do a test to 
determine proper operation of the NIC communications in accordance 
with the Accomplishment Instructions of EMBRAER Service Bulletin 
170-31-0003, dated December 23, 2004. If any failure is detected, 
before further flight, repair the airplane in accordance with a 
method approved by either the Manager, International Branch, ANM-
116, FAA, Transport Airplane Directorate; or the Departmento de 
Aviacao Civil (DAC) (or its delegated agent).

Software Installation

    (h) Within 40 days or 300 flight hours after the effective date 
of this AD, whichever occurs first: Install the software version of 
the PRIMUS EPIC system identified as ``load 15.3'' or higher, in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 170-31-0002, dated December 23, 2004. After installation of 
this software, remove the AFM revision required by paragraph (f) of 
this AD.

Submission of Test Results Not Required

    (i) Although EMBRAER Service Bulletin 170-31-0003 specifies to 
submit certain information to the airplane manufacturer, this AD 
does not include that requirement.

Alternative Methods of Compliance (AMOCs)

    (j) The Manager, International Branch, ANM-116, FAA, Transport 
Airplane Directorate, has the authority to approve AMOCs for this 
AD, if requested in accordance with the procedures found in 14 CFR 
39.19.

Related Information

    (k) Brazilian emergency airworthiness directive 2004-12-04, 
effective December 27, 2004, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use the service information that is specified in 
Table 1 of this AD to perform the actions that are required by this 
AD, unless the AD specifies otherwise. (Only the first pages of 
EMBRAER Service Bulletins 170-31-0002 and Service Bulletin 170-31-
0003 contain the issue date of those documents; no other page of 
those documents is dated.) The Director of the Federal Register 
approves the incorporation by reference of those documents in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For copies of the 
service information, contact Empresa Brasileira de Aeronautica S.A. 
(EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP, 
Brazil. You can review copies at the Docket Management Facility, 
U.S. Department of Transportation, 400 Seventh Street SW, room PL-
401, Nassif Building, Washington, DC; 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/code_of_federal_regulations/ibr_locations.html.

              Table 1.--Material Incorporated by Reference
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    EMBRAER Service Document        Revision level           Date
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Operational Bulletin 170-011/04.  1.................  December 23, 2004.
Service Bulletin 170-31-0002....  Original..........  December 23, 2004.
Service Bulletin 170-31-0003....  Original..........  December 23, 2004.
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    Issued in Renton, Washington, on December 23, 2004.
Kevin M. Mullin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 04-28707 Filed 12-29-04; 8:45 am]
BILLING CODE 4910-13-P