[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Proposed Rules]
[Pages 19770-19772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7667]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27785; Directorate Identifier 2006-NM-267-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), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of 
comment period.

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SUMMARY: We are revising an earlier supplemental NPRM for the products 
listed above. This action revises the earlier supplemental NPRM by 
expanding the scope. This proposed 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 some ``caution'' messages issued by the 
Flight Guidance Control System (FGCS) are not displayed on aircraft 
equipped with [certain] EPIC software load[s] * * *. Therefore, 
following a possible failure on one FGCS channel during a given 
flight, such a failure condition will remain undetected * * *. If 
another failure occurs on the second FGCS channel, the result may be 
a hardover command by the autopilot.

An unexpected hardover command may cause a sudden roll, pitch, or yaw 
movement, which could result in reduced controllability of the 
airplane. The proposed AD would require actions that are intended to 
address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 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 W12-40, 1200 New 
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.

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 this proposed AD, 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.

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

SUPPLEMENTARY INFORMATION:

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-2007-
27785; Directorate Identifier 2006-NM-267-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 based on 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

    We proposed to amend 14 CFR part 39 with an earlier NPRM for the 
specified products, which was published in the Federal Register on 
October 25, 2007 (72 FR 60593). That earlier NPRM proposed to require 
actions intended to address the unsafe condition for the products 
listed above.
    Since that earlier NPRM was issued, we determined that the NPRM 
must be

[[Page 19771]]

revised to require the terminating action (installing certain Primus 
field-loadable software) and to revise the applicability to specify the 
software load versions. We have also revised paragraph (f) of this 
supplemental NPRM to cite the latest service information discussed 
below, and added new paragraph (f)(3) to give credit for use of earlier 
revisions of that service information to do the functional check 
described in paragraph (f).
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directives 2006-11-02R2 and 2006-11-03R2, both effective 
October 30, 2007 (referred to after this as ``the MCAI''). You may 
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletins 170-22-0003 and 190-22-0002, 
both Revision 01, both dated November 5, 2007. The actions described in 
this service information are intended to correct the unsafe condition 
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    Certain changes described above expand the scope of the earlier 
NPRM. As a result, we have determined that it is necessary to reopen 
the comment period to provide additional opportunity for the public to 
comment on this proposed 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 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 proposed different actions in this AD from those 
in the MCAI in order to follow FAA policies. Any such differences are 
highlighted in a Note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 98 products of U.S. registry. We also estimate that 
it would take about 2 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $80 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $15,680, or $160 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 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 this 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.

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 FAA amends Sec.  39.13 by adding the following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2007-27785; Directorate Identifier 2006-NM-267-AD.

Comments Due Date

    (a) We must receive comments by May 6, 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, equipped with Primus EPIC software 
load version 17.3, 17.4, 17.5, 17.6, or 17.7; and Model ERJ 190-100 
STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes, 
certificated in any category, equipped with Primus EPIC software 
load version 4.3, 4.4, 4.5, 4.6, or 4.7.

Subject

    (d) Air Transport Association (ATA) of America Code 22: Auto 
Flight.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
for Model ERJ 170 airplanes states:

    It has been found that some ``caution'' messages issued by the 
Flight Guidance Control System (FGCS) are not displayed on aircraft 
equipped with EPIC software load 17.3, 17.4, 17.5, 17.6, or 17.7. 
Therefore, following a possible failure on one FGCS channel during a 
given flight, such a failure condition will remain undetected or 
latent in subsequent flights. If another failure occurs on the 
second FGCS channel, the result may be a hardover command by the 
autopilot.

    The MCAI for Model ERJ 190 airplanes states:

    It has been found that some ``caution'' messages issued by the 
Flight Guidance Control System (FGCS) are not displayed on

[[Page 19772]]

aircraft equipped with EPIC software load 4.3, 4.4, 4.5, 4.6, or 
4.7. Therefore, following a possible failure on one FGCS channel 
during a given flight, such a failure condition will remain 
undetected or latent in subsequent flights. If another failure 
occurs on the second FGCS channel, the result may be a hardover 
command by the autopilot.

An unexpected hardover command may cause a sudden roll, pitch, or 
yaw movement, which could result in reduced controllability of the 
airplane. The MCAI mandates a functional check of the FGCS channels 
engagement and installation of an upgrade to the PRIMUS EPIC Field-
Loadable Software. Corrective actions include replacing the actuator 
input-output processor, if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 300 flight hours after the effective date of this AD, 
do a functional check of the FGCS channels engagement, in accordance 
with EMBRAER Service Bulletin 170-22-0003 or Service Bulletin 190-
22-0002, both Revision 01, both dated November 5, 2007, as 
applicable. Repeat the functional check thereafter at intervals not 
to exceed 600 flight hours, until the terminating action described 
by paragraph (f)(2) of this AD has been done. If any malfunction of 
the FGCS is discovered during any functional check required by this 
paragraph, before further flight, do all applicable replacements of 
the actuator input-output processor in accordance with the 
applicable service bulletin.

    Note 1: For the purpose of this AD, a functional check is: ``A 
quantitative check to determine if one or more functions of an item 
perform within specified limits.''

    (2) Within 8 months after the effective date of this AD, install 
PRIMUS EPIC Field-Loadable Software Version 19.3 or higher, in 
accordance with EMBRAER Service Bulletin 170-31-0019, Revision 01, 
dated June 25, 2007; or Service Bulletin 190-31-0009, Revision 02, 
dated June 29, 2007; as applicable. Doing this installation ends the 
repetitive functional checks required by paragraph (f)(1) of this 
AD.
    (3) Any functional check done before the effective date of this 
AD in accordance with EMBRAER Service Bulletin 170-22-0003 or 190-
22-0002, both dated November 9, 2006, as applicable, is considered 
acceptable for compliance with the requirements of paragraph (f)(1) 
of this AD.

FAA AD Differences

    Note 2: 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: 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. 
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 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 2006-11-
02R2 and 2006-11-03R2, both effective October 30, 2007; EMBRAER 
Service Bulletins 170-22-0003 and 190-22-0002, both Revision 01, 
both dated November 5, 2007; EMBRAER Service Bulletin 170-31-0019, 
Revision 01, dated June 25, 2007; and EMBRAER Service Bulletin 190-
31-0009, Revision 02, dated June 29, 2007; for related information.

    Issued in Renton, Washington, on April 3, 2008.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-7667 Filed 4-10-08; 8:45 am]
BILLING CODE 4910-13-P