[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Rules and Regulations]
[Pages 30577-30579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4909]


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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