[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Rules and Regulations]
[Pages 1146-1148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-147]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-26797; Directorate Identifier 2006-NM-195-AD; 
Amendment 39-14878; AD 2006-20-14]
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; request for comments.

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[[Page 1147]]

SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 2006-20-14 that was sent 
previously to all known U.S. owners and operators of certain EMBRAER 
Model ERJ 170 and ERJ 190 airplanes by individual notices. This AD 
requires modification of certain flight deck door electronic equipment. 
This AD is prompted by a report indicating that this equipment is 
defective. We are issuing this AD to prevent failure of this equipment, 
which could jeopardize flight safety.

DATES: This AD becomes effective January 16, 2007 to all persons except 
those persons to whom it was made immediately effective by AD 2006-20-
14, issued October 10, 2006, which contained the requirements of this 
amendment.
    We must receive comments on this AD by March 12, 2007.

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.

FOR FURTHER INFORMATION CONTACT: Tom Groves, Aerospace Engineer, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1503; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: On October 10, 2006, we issued emergency AD 
2006-20-14, which applies to certain EMBRAER Model ERJ 170 and ERJ 190 
airplanes. AD 2006-20-14 was sent to affected operators having 
airplanes that have certain affected flight deck door electrical 
equipment.

Background

    We have received a report indicating that certain flight deck door 
electrical equipment is defective. The defect, if not corrected, could 
result in a failure of the equipment, which could jeopardize flight 
safety.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-52-0029, dated August 21, 
2006 (for Model ERJ 170 airplanes); and Service Bulletin 190-52-0011, 
dated August 21, 2006 (for Model ERJ 190 airplanes). The service 
bulletins describe procedures for correcting the defect in the flight 
deck door electrical equipment. Accomplishing the actions specified in 
the service information is intended to adequately address the unsafe 
condition. The Ag[ecirc]ncia Nacional de Aviac[atilde]o Civil (ANAC), 
which is the airworthiness authority for Brazil, approved these service 
bulletins.

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 ANAC has kept the FAA informed 
of the situation described above. We have 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.
    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design, we issued emergency AD 
2006-20-14 to prevent failure of certain flight deck door electronic 
equipment, which could jeopardize flight safety. The AD requires 
modifying the flight deck door electronic equipment using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA. The applicable EMBRAER service bulletin 
previously described has been approved for this purpose.
    We found that immediate corrective action was required; therefore, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on October 10, 2006, to all known U.S. owners and operators of 
certain EMBRAER Model ERJ 170 and ERJ 190 airplanes. These conditions 
still exist, and the AD is hereby published in the Federal Register as 
an amendment to section 39.13 of the Federal Aviation Regulations (14 
CFR 39.13) to make it effective to all persons. We are publishing this 
AD to ensure that, in the event that persons who did not receive an 
individual notice acquire an affected airplane that has not been 
modified, these persons are aware of the AD, so they can make the 
necessary modification.

Interim Action

    This is considered to be interim action until final action is 
identified, at which time we may consider further rulemaking.

Clarification of Alternative Method of Compliance (AMOC) Paragraph

    We have revised this action to clarify the appropriate procedure 
for notifying the principal inspector before using any approved AMOC on 
any airplane to which the AMOC applies.

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-2007-
26797; Directorate Identifier 2006-NM-195-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

[[Page 1148]]

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If this 
emergency regulation is later deemed significant under DOT Regulatory 
Policies and Procedures, we will prepare a final regulatory evaluation 
and place it in the AD Docket. See the ADDRESSES section for a location 
to examine the regulatory evaluation, if filed.

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 FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

2006-20-14 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-14878. Docket No. FAA-2007-26797; Directorate 
Identifier 2006-NM-195-AD.

Effective Date

    (a) This AD becomes effective January 16, 2007, to all persons 
except those persons to whom it was made immediately effective by AD 
2006-20-14, issued on October 10, 2006, which contained the 
requirements of this amendment.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 STD, -200 LR, and -200 SU airplanes, and Model 
ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; certificated in 
any category; as identified in EMBRAER Service Bulletins SB No. 170-
52-0029 and SB No. 190-52-0011, both dated August 21, 2006.

Unsafe Condition

    (d) This AD results from a report indicating that this equipment 
is defective. We are issuing this AD to prevent failure of this 
equipment, which could jeopardize flight safety.

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.

Transfer of Airplane and Requirement To Inform New Operator of This AD

    (f) When an operator of an affected airplane sells or otherwise 
transfers the airplane to another operator, the new operator must be 
informed of this AD in a manner consistent with the procedures found 
in 49 CFR part 15.

Replacement

    (g) Within 60 days after the effective date of this AD, modify 
the flight deck door electronic equipment in accordance with a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA. Doing all actions in the 
Accomplishment Instructions of the applicable EMBRAER service 
bulletin identified in Table 1 of this AD is one approved method; 
except where the applicable service bulletin specifies to send the 
removed flight deck door electronic equipment to the manufacturer in 
paragraph 3.C., that action is not necessary.

                       Table 1.--Service Bulletins
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                For model--                  EMBRAER service  bulletin--
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(1) ERJ 170 airplanes.....................  170-52-0029, dated August
                                             21, 2006.
(2) ERJ 190 airplanes.....................  190-52-0011, dated August
                                             21, 2006.
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Parts Installation

    (h) As of the effective date of this AD, no person may install 
on any airplane any cockpit door control panel identified in 
paragraph 1.A. of the applicable service bulletin in Table 1 of this 
AD.

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) 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.

    Issued in Renton, Washington, on December 21, 2006.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E7-147 Filed 1-9-07; 8:45 am]
BILLING CODE 4910-13-P