[Federal Register Volume 72, Number 35 (Thursday, February 22, 2007)]
[Proposed Rules]
[Pages 7934-7936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2980]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27269; Directorate Identifier 2006-NM-207-AD]
RIN 2120-AA64


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

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain EMBRAER Model ERJ 170 airplanes. This proposed AD would 
require installing updated software revisions and, as applicable, doing 
concurrent actions. This proposed AD results from a report of an error 
in the implementation procedure of the Primus Epic digital software 
platform, which could result in improper functioning of certain flight 
systems. Further, current revisions of the Primus Epic software may 
cause blinking of all cockpit flight displays. We are proposing this AD 
to prevent improper functioning of certain flight systems and blinking 
of cockpit flight displays, which could lead to increased pilot 
workload during critical phases of flight.

DATES: We must receive comments on this proposed AD by March 26, 2007.

ADDRESSES: Use one of the following addresses to submit comments on 
this proposed 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.
    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 proposed AD.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1175; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to submit any relevant written data, views, or 
arguments regarding this proposed AD. Send your comments to an address 
listed in the ADDRESSES section. Include the docket number ``FAA-2007-
27269; Directorate Identifier 2006-NM-207-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic,

[[Page 7935]]

environmental, and energy aspects of the proposed AD. We will consider 
all comments received by the closing date and may amend the proposed 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 proposed 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.

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the airworthiness authority for Brazil, notified us that an 
unsafe condition may exist on certain EMBRAER Model ERJ 170 airplanes. 
The ANAC advises of a reported error in the implementation procedure of 
the Primus Epic digital software platform, which may lead to an 
ineffective power-up built-in test (PBIT) of certain fly-by-wire (FBW), 
autoflight, and avionics system functions, which could result in 
improper functioning of those systems. Further, current Primus Epic 
software revisions may cause blinking of all cockpit flight displays. 
This condition, if not corrected, could lead to increased pilot 
workload during critical phases of flight.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-31-0013, Revision 01, dated 
January 13, 2006. The service bulletin describes procedures for 
installing Primus Epic software part number (P/N) PS7027709-00113 (load 
version 17.3). For airplanes equipped with a lightning sensor system 
(LSS) and software load version 15.3 or 15.4, the installation includes 
doing certain wiring revisions of the LSS connector. For airplanes that 
have received all described software upgrades in accordance with 
EMBRAER Service Bulletin 170-31-0013, dated December 17, 2005, an 
additional action is described by Service Bulletin 170-31-0013, 
Revision 01. The additional action includes installing a new, upgraded 
loadable diagnostic information (LDI) database.
    The ANAC mandated the service information and issued Brazilian 
airworthiness directive 2006-06-01, effective June 28, 2006, to ensure 
the continued airworthiness of these airplanes in Brazil.
    For certain airplanes, EMBRAER Service Bulletin 170-31-0013, 
Revision 01, specifies prior or concurrent accomplishment of certain 
actions specified in EMBRAER Service Bulletin 170-73-0001, dated 
September 13, 2005, and Revision 01, dated September 23, 2005. These 
actions include installing full-authority digital engine-control 
(FADEC) software version V5.20.

FAA's Determination and Requirements of the Proposed 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 examined the ANAC's findings, 
evaluated all pertinent information, and determined that we need to 
issue an AD for airplanes of this type design that are certificated for 
operation in the United States.
    Therefore, we are proposing this AD, which would require 
accomplishing the actions specified in the service information 
described previously.

Clarification of Requirements

    The ANAC airworthiness directive 2006-06-01 does not specifically 
state that prior or concurrent installation of FADEC software version 
V5.20 is required. However, to ensure proper correction of the unsafe 
condition, this proposed AD would require accomplishing this concurrent 
action. EMBRAER Service Bulletin 170-31-0013, Revision 01, describes 
EMBRAER Service Bulletin 170-73-0001 as the appropriate source of 
service information for doing the concurrent action. This difference 
has been coordinated with the ANAC.

Interim Action

    We consider this proposed AD interim action. The manufacturer is 
developing a modification that will further address the unsafe 
condition identified in this proposed AD. Once this modification is 
approved and available, we may consider additional rulemaking.

Costs of Compliance

    This proposed AD would affect about 68 airplanes of U.S. registry. 
Software upgrades would be provided by the manufacturer at no charge to 
operators, and parts for wiring changes would be provided from operator 
stores. The following table provides the estimated costs for U.S. 
operators to comply with this proposed AD at an average labor rate of 
$80 per work hour.

                                                 Estimated Costs
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                Action                        Work hours           Cost per airplane            Fleet cost
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Install software.....................  Between 5 and 6........  Between $400 and $480..  Between $27,200 and
                                                                                          $32,640.
Revise wiring........................  1......................  $80....................  Up to $5,440.
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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

[[Page 7936]]

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 proposed 
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 proposed 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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by 
adding the following new airworthiness directive (AD):

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2007-27269; Directorate Identifier 2006-NM-207-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by March 26, 
2007.

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 170-31-0013, Revision 01, dated January 13, 2006.

Unsafe Condition

    (d) This AD results from a report of an error in the 
implementation procedure of the Primus Epic digital software 
platform, which could result in improper functioning of certain 
flight systems. Further, current revisions of the Primus Epic 
software may possibly cause blinking of all cockpit flight displays. 
We are issuing this AD to prevent improper functioning of certain 
flight systems and blinking of cockpit flight displays, which could 
lead to increased pilot workload during critical phases of flight.

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.

Inspection for Software Identification

    (f) Within 30 days after the effective date of this AD, inspect 
to determine the part number (P/N) of the Primus Epic software and 
the upgrade version number of the full-authority digital engine-
control (FADEC) software installed on the airplane.

Software Installation and Concurrent Actions

    (g) Within the compliance time specified in paragraph (g)(1) or 
(g)(2) of this AD, as applicable, install Primus Epic P/N PS7027709-
00113 (load version 17.3) and do applicable wiring revisions; in 
accordance with the Accomplishment Instructions of EMBRAER Service 
Bulletin 170-31-0013, Revision 01, dated January 13, 2006.
    (1) For airplanes equipped with software having P/N PS7027709-
00108 (load version 15.3), P/N PS7027709-00109 (load version 15.4), 
or P/N PS7027709-00110 (load version 15.5): Within 30 days after the 
effective date of this AD.
    (2) For airplanes equipped with software having P/N PS7027709-
00106 (load version 17.1) or P/N PS7027709-00112 (load version 
17.2.02): Within 120 days after the effective date of this AD.

Concurrent Actions

    (h) For airplanes which do not have FADEC software upgrade 
version V5.20 installed at the time of the inspection required by 
paragraph (f) of this AD: Prior to or concurrently with the 
installation required by paragraph (g) of this AD, install FADEC 
software upgrade version V5.20 as specified in EMBRAER Service 
Bulletin 170-73-0001, dated September 13, 2005; or Revision 01, 
dated September 23, 2005.

Actions Accomplished According to Previous Issue of Service Bulletin

    (i) Actions accomplished before the effective date of this AD 
according to EMBRAER Service Bulletin 170-31-0013, dated December 
17, 2005, are considered acceptable for compliance with paragraph 
(g) of this AD; except that, for airplanes identified in paragraph 
1D., ``Additional Action,'' of EMBRAER Service Bulletin 170-31-0013, 
Revision 01, dated January 13, 2006, the additional action specified 
in Service Bulletin 170-31-0013, Revision 01, must be done as 
required by this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(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.

Related Information

    (k) Brazilian airworthiness directive 2006-06-01, effective June 
28, 2006, also addresses the subject of this AD.

    Issued in Renton, Washington, on February 7, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E7-2980 Filed 2-21-07; 8:45 am]
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