[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Rules and Regulations]
[Pages 51465-51467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14288]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-24439; Directorate Identifier 2006-NM-039-AD; 
Amendment 39-14741; AD 2006-18-03]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145XR Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain EMBRAER Model EMB-145XR airplanes. This AD requires 
modification of the flap system interface wiring. This AD results from 
a finding that the aural and visual warnings, which should be activated 
when the flaps are set to 22 degrees during takeoff, were not enabled 
during the manufacture of certain Model EMB-145XR airplanes. We are 
issuing this AD to prevent overrunning the runway during takeoff.

DATES: This AD becomes effective October 4, 2006.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in the AD as of October 4, 
2006.

ADDRESSES: You may examine the 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., Nassif Building, 
Room PL-401, Washington, DC.
    Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343--CEP 12.225, Sao Jose dos Campos--SP, Brazil, for service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2125; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Examining the Docket

    You may examine the airworthiness directive (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 street address stated in the ADDRESSES section.

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that would

[[Page 51466]]

apply to certain EMBRAER Model EMB-145XR airplanes. That NPRM was 
published in the Federal Register on April 13, 2006 (71 FR 19138). That 
NPRM proposed to require modification of the flap system interface 
wiring.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the comments received.

Support for NPRM

    The Air Line Pilots Association supports the NPRM.

Request To Withdraw NPRM

    EMBRAER requests that we withdraw the NPRM. EMBRAER states that, 
according to section 39.5 of the Federal Aviation Regulations (14 CFR 
39.5), an AD is issued when an unsafe condition exists in a product and 
is likely to exist or develop in other products of the same type 
design. However, EMBRAER asserts that the missing aural and visual 
takeoff warnings for flaps selected to 22 degrees do not cause an 
unsafe condition. EMBRAER states that its analysis has shown that 
erroneously selecting the flaps to 22 degrees would not affect the 
controllability, stall, or maneuver margins of Model EMB-145XR 
airplanes. Also, EMBRAER states that the approved airplane flight 
manual prohibits takeoff with flaps selected to 22 degrees. Its 
analysis has also shown that airplane performance would be an issue 
during climb only when associated with an engine shutdown. EMBRAER 
maintains that this combined failure is remote or extremely improbable 
and would lead to a catastrophic event only if limited by the climb 
gradient or an obstacle. EMBRAER states that the effect of this failure 
is similar to the inability to retract flaps.
    We do not agree to withdraw the NPRM, since we have determined that 
an unsafe condition does exist. An erroneous flap selection (set to 22 
degrees instead of 18) in combination with engine failure during 
takeoff could result in an overrun of the runway. In its comment, 
EMBRAER considers only a combined failure (wrong flap configuration 
plus an engine failure). Such consideration is unacceptable since the 
human failure rate for a given operation depends on a large number of 
factors. No adequate models exist that will enable the failure rate of 
a given human, carrying out a given operation, to be accurately 
predicted. Furthermore, the Departamento de Avia[ccedil][atilde]o Civil 
(DAC), which is the airworthiness authority for Brazil, issued 
Brazilian airworthiness directive 2006-02-01, effective February 24, 
2006, to address this same unsafe condition and ensure the continued 
airworthiness of these airplanes in Brazil. We have not revised this AD 
in this regard.

Request To Require Additional Action

    ExpressJet Airlines and a private citizen both request that EMBRAER 
provide an engine indication and crew alerting system (EICAS) message, 
in addition to the aural and visual takeoff warnings proposed in the 
NPRM. To accomplish this request, ExpressJet Airlines proposes that 
EMBRAER revise Service Bulletin 145-31-0049 to provide procedures for 
updating the IC-600 configuration files. The commenter states that this 
change would allow the EICAS visual warning, ``No Takeoff Config,'' to 
be displayed. As justification, the commenter states that this change 
would provide indications consistent with other takeoff related 
warnings such as pitch trim settings.
    The private citizen specifically requests that the manufacturer 
provide an EICAS configuration file with the ``FLAPS 22 AVAIL'' 
parameter set to ``UNAVAILABLE.'' As justification, the commenter 
states if the modification is accomplished as proposed in the NPRM, the 
warnings associated with an attempted takeoff in a prohibited condition 
will be inconsistent. The commenter points out that if takeoff is 
attempted with the flaps set to 0 degrees or to 45 degrees, the 
flightcrew will receive an aural warning, a master warning light, and 
an EICAS message. The commenter asserts that the manufacturer cannot 
justify omission of the EICAS message, and that including an EICAS 
message would add less than 1 work hour to the proposed modification.
    We do not agree. We have determined that the addition of the aural 
and visual takeoff warnings is adequate for addressing the unsafe 
condition of this AD. We have not revised this AD in this regard.

Conclusion

    We have carefully reviewed the available data, including the 
comments received, and determined that air safety and the public 
interest require adopting the AD as proposed.

Costs of Compliance

    This AD affects about 97 airplanes of U.S. registry. The actions 
required by this AD take about 5 work hours per airplane, at an average 
labor rate of $80 per work hour. Required parts cost about $60 per 
airplane. Based on these figures, the estimated cost of the AD for U.S. 
operators is $44,620, or $460 per airplane.

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 this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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, 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:

[[Page 51467]]

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):

2006-18-03 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14741. Docket No. FAA-2006-24439; Directorate 
Identifier 2006-NM-039-AD.

Effective Date

    (a) This AD becomes effective October 4, 2006.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model EMB-145XR airplanes, 
certificated in any category; as identified in EMBRAER Service 
Bulletin 145-27-0113, dated December 6, 2005.

Unsafe Condition

    (d) This AD results from a finding that the aural and visual 
warnings, which should be activated when the flaps are set to 22 
degrees during takeoff, were not enabled during the manufacture of 
certain Model EMB-145XR airplanes. We are issuing this AD to prevent 
overrunning the runway during takeoff.

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.

Modification

    (f) Within 2,500 flight hours after the effective date of this 
AD, modify the flap system interface wiring, by accomplishing all of 
the actions specified in the Accomplishment Instructions of EMBRAER 
Service Bulletin 145-27-0113, dated December 6, 2005.

Alternative Methods of Compliance (AMOCs)

    (g)(1) The Manager, International Branch, ANM-116, FAA, has the 
authority to approve AMOCs for this AD, if requested in accordance 
with the procedures found in 14 CFR 39.19.
    (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.

Material Incorporated by Reference

    (h) You must use EMBRAER Service Bulletin 145-27-0113, dated 
December 6, 2005, to perform the actions that are required by this 
AD, unless the AD specifies otherwise. The Director of the Federal 
Register approved the incorporation by reference of this document in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact Empresa 
Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 12.225, 
Sao Jose dos Campos--SP, Brazil, for a copy of this service 
information. You may review copies at the Docket Management 
Facility, U.S. Department of Transportation, 400 Seventh Street SW., 
Room PL-401, Nassif Building, Washington, DC; on the Internet at 
http://dms.dot.gov; or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at the NARA, call (202) 741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on August 17, 2006.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E6-14288 Filed 8-29-06; 8:45 am]
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