[Federal Register Volume 73, Number 11 (Wednesday, January 16, 2008)]
[Rules and Regulations]
[Pages 2799-2801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-469]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0082; Directorate Identifier 2007-NM-219-AD; 
Amendment 39-15332; AD 2008-02-02]
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.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This AD results from mandatory continuing 
airworthiness information (MCAI) originated by an aviation authority of 
another country to identify and correct an unsafe condition on an 
aviation product. The MCAI describes the unsafe condition as:

    It has been found that the implementation of the Inertial 
Reference Units (IRU) on the ERJ-170 [and ERJ-190] may lead, in 
certain degraded modes, to an erroneous Flight Path Angle (FPA) 
indication on both Primary Flight Displays, with no alert to the 
flight crew. On the ERJ-170 [and ERJ-190], FPA is considered as 
important as pitch and bank angle for piloting purposes.

The unsafe condition is reduced ability of the flightcrew to control 
the flight path of the airplane. We are issuing this AD to require 
actions to correct the unsafe condition on these products.

DATES: This AD becomes effective February 20, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of February 20, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-1405; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on October 25, 2007 (72 
FR 60599). That NPRM proposed to correct an unsafe condition for the 
specified products. The MCAI states:

    It has been found that the implementation of the Inertial 
Reference Units (IRU) on the ERJ-170 [and ERJ-190] may lead, in 
certain degraded modes, to an erroneous Flight Path Angle (FPA) 
indication on both Primary Flight Displays, with no alert to the 
flight crew. On the ERJ-170 [and ERJ-190], FPA is considered as 
important as pitch and bank angle for piloting purposes.

The unsafe condition is reduced ability of the flightcrew to control 
the flight path of the airplane. The corrective action is removal of 
certain wiring connections in the electrical connectors of both IRUs. 
You may obtain further information by examining the MCAI in the AD 
docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We received no comments on the NPRM or on the determination of 
the cost to the public.

Revision to Final Rule for New Service Information

    EMBRAER has issued a revision to a service bulletin identified in 
the NPRM as an appropriate source of service information for the AD. 
EMBRAER Service Bulletin 190-34-0009, Revision 01, dated October 9, 
2007, incorporates an existing information notice that revises the 
wiring manual reference, and adds a serial number to the effectivity of 
the in-production airplanes that have an equivalent modification. We 
have changed paragraphs (c) and (f) of this AD accordingly, and added a 
statement in paragraph (f) giving credit for work performed in 
accordance with the original version of the service bulletin.

Conclusion

    We reviewed the available data and determined that air safety and 
the public interest require adopting the AD with the changes described 
previously. We determined that these changes will not increase the 
economic burden on any operator or increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in 
general, agree with their substance. But

[[Page 2800]]

we might have found it necessary to use different words from those in 
the MCAI to ensure the AD is clear for U.S. operators and is 
enforceable. In making these changes, we do not intend to differ 
substantively from the information provided in the MCAI and related 
service information.
    We might also have required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect about 108 products of U.S. 
registry. We also estimate that it will take about 6 work-hours per 
product to comply with the basic requirements of this AD. The average 
labor rate is $80 per work-hour. Required parts will cost about $62 per 
product. Where the service information lists required parts costs that 
are covered under warranty, we have assumed that there will be no 
charge for these parts. As we do not control warranty coverage for 
affected parties, some parties may incur costs higher than estimated 
here. Based on these figures, we estimate the cost of this AD to the 
U.S. operators to be $58,536, or $542 per product.

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 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 this AD:
    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.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. The AD docket contains the NPRM, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is in the 
ADDRESSES section. Comments will be available in the AD docket shortly 
after receipt.

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 AD:

2008-02-02 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15332. Docket No. FAA-2007-0082; Directorate Identifier 
2007-NM-219-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective February 
20, 2008.

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 170-34-0019, dated February 26, 2007; and Model ERJ 190-100 
STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes; 
certificated in any category, as identified in EMBRAER Service 
Bulletin 190-34-0009, Revision 01, dated October 9, 2007.

Subject

    (d) Air Transport Association (ATA) of America Code 34: 
Navigation.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
states:
    It has been found that the implementation of the Inertial 
Reference Units (IRU) on the ERJ-170 [and ERJ-190] may lead, in 
certain degraded modes, to an erroneous Flight Path Angle (FPA) 
indication on both Primary Flight Displays, with no alert to the 
flight crew. On the ERJ-170 [and ERJ-190], FPA is considered as 
important as pitch and bank angle for piloting purposes.

The unsafe condition is reduced ability of the flightcrew to control 
the flight path of the airplane. The corrective action is removal of 
certain wiring connections in the electrical connectors of both 
IRUs.

Actions and Compliance

    (f) Within 18 months after the effective date of this AD, unless 
already done, remove the wiring connections from pins 51 and 52 in 
the electrical connectors of both IRUs, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-34-0019, 
dated February 26, 2007; or 190-34-0009, Revision 01, dated October 
9, 2007; as applicable. Actions done before the effective date of 
this AD in accordance with EMBRAER Service Bulletin 190-34-0009, 
dated February 26, 2007, are considered acceptable for compliance 
with the requirements of this AD.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information 
as follows:
    No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. Send information to ATTN: 
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-1405; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your appropriate principal inspector (PI) in the FAA 
Flight Standards District Office (FSDO), or lacking a PI, your local 
FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain 
corrective actions from a manufacturer or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State

[[Page 2801]]

of Design Authority (or their delegated agent). You are required to 
assure the product is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in 
this AD, under the provisions of the Paperwork Reduction Act, the 
Office of Management and Budget (OMB) has approved the information 
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI Brazilian Airworthiness Directives 2007-08-03 
and 2007-08-04, both effective August 27, 2007, and to EMBRAER 
Service Bulletins 170-34-0019, dated February 26, 2007; and 190-34-
0009, Revision 01, dated October 9, 2007; for related information.

Material Incorporated by Reference

    (i) You must use the service information specified in Table 1 of 
this AD to do the actions required by this AD, unless the AD 
specifies otherwise.
    (1) The Director of the Federal Register approved the 
incorporation by reference of this service information under 5 
U.S.C. 552(a) and 1 CFR part 51.
    (2) 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.
    (3) You may review copies at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue, SW., Renton, Washington; 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/cfr/ibr-locations.html.

                                  Table 1.--Material Incorporated by Reference
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 EMBRAER
 Service             Revision level                           Date
Bulletin
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170-34-0  Original............................  February 26, 2007.
   019
190-34-0  01..................................  October 9, 2007.
   009
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    Issued in Renton, Washington, on January 4, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-469 Filed 1-13-08; 8:45 am]
BILLING CODE 4910-13-P