[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Proposed Rules]
[Pages 6631-6633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1990]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0119; Directorate Identifier 2007-NM-304-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 Airplanes and Model ERJ 190 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 supersede an existing airworthiness 
directive (AD) that applies to all EMBRAER Model ERJ 170-100 LR, -100 
SE, -100 STD, and -100 SU airplanes; and Model ERJ 190-100 IGW, -100 
LR, and -100 STD airplanes. The existing AD currently requires revising 
the Limitations section of the airplane flight manual (AFM) to prohibit 
the flightcrew from moving the throttle into the forward thrust range 
immediately after applying the thrust reverser. This proposed AD would 
add additional airplanes to the applicability and would require the AFM 
revision for those additional airplanes. For certain airplanes, this 
proposed AD would also require installing new, improved full-authority 
digital engine-control (FADEC) software. This proposed 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 proposing 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: We must receive comments on this proposed AD by March 6, 2008.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, 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.

Examining the AD Docket

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

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

SUPPLEMENTARY INFORMATION:

[[Page 6632]]

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2008-0119; 
Directorate Identifier 2007-NM-304-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On May 22, 2006, we issued AD 2006-11-15, amendment 39-14619 (71 FR 
30577, May 30, 2006), for all Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU 
airplanes; and Model ERJ 190-100 IGW, -100 LR, and -100 STD airplanes. 
That AD requires revising the Limitations section of the airplane 
flight manual (AFM) to prohibit the flightcrew from moving the throttle 
into the forward thrust range immediately after applying the thrust 
reverser. That AD resulted 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 issued that AD to prevent the flightcrew from 
performing a takeoff with a partially deployed thrust reverser, which 
could result in reduced controllability of the airplane.

Actions Since Existing AD Was Issued

    The preamble to AD 2006-11-15 explains that we consider the 
requirements ``interim action'' and were considering further 
rulemaking. We now have determined that further rulemaking is indeed 
necessary, and this proposed AD follows from that determination. The 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which is 
the airworthiness authority for Brazil, has determined that new, 
improved full-authority digital engine-control (FADEC) software must be 
installed on certain airplanes to adequately address the unsafe 
condition.
    Since we issued AD 2006-11-15, we have type certificated EMBRAER 
Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes; and Model ERJ 
190-200 IGW, -200 LR, and -200 STD airplanes for operation in the U.S. 
Therefore, the AFM revision required by AD 2006-11-15 should also apply 
to those additional airplanes.

Relevant Service Information

    EMBRAER has issued the following service bulletins:
     EMBRAER Service Bulletin 170-73-0003, Revision 01, dated 
September 4, 2006, for Model ERJ 170-100 LR, -100 SE, -100 STD, -100 
SU, -200 LR, -200 STD, and -200 SU airplanes;
     EMBRAER Service Bulletin 190-73-0005, dated November 9, 
2006, for a Model ERJ 190-200 LR airplane; and
     EMBRAER Service Bulletin 190-73-0009, Revision 01, dated 
April 23, 2007, for Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW, 
-200 LR, and -200 STD airplanes.
    The service bulletins describe procedures for installing new, 
improved FADEC software having a certain version or higher. 
Accomplishing the actions specified in the service information is 
intended to adequately address the unsafe condition. The ANAC mandated 
the service information and issued Brazilian airworthiness directive 
2006-03-02R1, effective February 27, 2007; and Brazilian airworthiness 
directive 2006-03-03R1, effective November 9, 2007; to ensure the 
continued airworthiness of these airplanes in Brazil.

FAA's Determination and Requirements of the Proposed AD

    These airplanes 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 AD action is 
necessary for airplanes of this type design that are certificated for 
operation in the United States.
    This proposed AD would supersede AD 2006-11-15 and would retain the 
requirements of the existing AD. This proposed AD would also add Model 
ERJ 170-200 LR, -200 STD, and -200 SU airplanes; and Model ERJ 190-200 
IGW, -200 LR, and -200 STD airplanes to the applicability and would 
require the AFM revision for those additional airplanes. This proposed 
AD would also require accomplishing the actions specified in the 
service information described previously.

Costs of Compliance

    The following table provides the estimated costs, at an average 
labor rate of $80 per hour, for U.S. operators to comply with this 
proposed AD.

                                                 Estimated Costs
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                                                                                      Number of
                                                                          Cost per      U.S.-
              Action                 Work hours          Parts            airplane    registered    Fleet cost
                                                                                      airplanes
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AFM revision (required by AD 2006-            1  None.................          $80           76          $6,080
 11-15).
AFM revision (new proposed action)            1  None.................           80           57           4,560
Software installation (new                    1  The manufacturer                80          133          10,640
 proposed action).                                states that it will
                                                  supply the required
                                                  software to
                                                  operators at no cost.
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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,

[[Page 6633]]

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 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 
removing amendment 39-14619 (71 FR 30577, May 30, 2006) and adding the 
following new airworthiness directive (AD):

 ?>Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket No. FAA-
2008-0119; Directorate Identifier 2007-NM-304-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by March 6, 
2008.

Affected ADs

    (b) This AD supersedes AD 2006-11-15.

Applicability

    (c) This AD applies to all EMBRAER Model ERJ 170-100 LR, -100 
SE, -100 STD, -100 SU, -200 LR, -200 STD, and -200 SU airplanes; and 
Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200 LR, and -
200 STD airplanes; certificated in any category.

Unsafe Condition

    (d) This AD results from 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.

Restatement of Requirements of AD 2006-11-15

Airplane Flight Manual Revision

    (f) For Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU 
airplanes; and Model ERJ 190-100 IGW, -100 LR, -100 STD airplanes: 
Within 7 days after June 14, 2006 (the effective date of AD 2006-11-
15), 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. Factory-installation 
or installation of the applicable software required by paragraph (h) 
of this AD terminates the AFM revision required by this paragraph.
    ``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.

New Requirements of This AD

AFM Revision for New Airplanes

    (g) For Model ERJ 170-200 LR, -200 STD, and -200 SU airplanes; 
and Model ERJ 190-200 IGW, -200 LR, and -200 STD airplanes: Within 
14 days after the effective date of this AD, revise the Limitations 
section of the EMBRAER 170/190 AFM to include the following 
statement. This may be done by inserting a copy of this AD in the 
AFM. Factory-installation or installation of the applicable software 
required by paragraph (h) of this AD terminates the AFM revision 
required by this paragraph.
    ``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 2: When a statement identical to that in paragraph (g) 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.

Software Installation

    (h) Within 1,200 flight hours after the effective date of this 
AD, install the full-authority digital engine-control (FADEC) 
software specified in paragraph (h)(1), (h)(2), or (h)(3) of this 
AD, as applicable. Installing the applicable software terminates the 
applicable AFM revision required by paragraph (f) or (g) this AD.
    (1) For Model ERJ 170-100 LR, -100 SE, -100 STD, -100 SU, -200 
LR, -200 STD, and -200 SU airplanes identified in EMBRAER Service 
Bulletin 170-73-0003, Revision 01, dated September 4, 2006: Install 
engine FADEC software version 5.30 or higher in accordance with the 
service bulletin.
    (2) For the Model ERJ 190-200 LR airplane identified in EMBRAER 
Service Bulletin 190-73-0005, dated November 9, 2006: Install engine 
FADEC software version 5.10 or higher in accordance with the service 
bulletin.
    (3) For Model ERJ 190-100 IGW, -100 LR, -100 STD, -200 IGW, -200 
LR, and -200 STD airplanes identified in EMBRAER Service Bulletin 
190-73-0009, Revision 01, dated April 23, 2007: Install engine FADEC 
software version 5.20 or higher in accordance with the service 
bulletin.

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) To request a different method of compliance or a different 
compliance time for this AD, follow the procedures in 14 CFR 39.19. 
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.

Related Information

    (j) Brazilian airworthiness directive 2006-03-02R1, effective 
February 27, 2007; and Brazilian airworthiness directive 2006-03-
03R1, effective November 9, 2007; also address the subject of this 
AD.

    Issued in Renton, Washington, on January 24, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-1990 Filed 2-4-08; 8:45 am]
BILLING CODE 4910-13-P