[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Rules and Regulations]
[Pages 21231-21233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8255]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0119; Directorate Identifier 2007-NM-304-AD; 
Amendment 39-15475; AD 2008-08-21]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding an existing airworthiness directive 
(AD), which 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. That 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 new AD adds additional 
airplanes to the applicability and requires the AFM revision for those 
additional airplanes. For certain airplanes, this AD also requires 
installing new, improved full-authority digital engine-control (FADEC) 
software. This 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 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.

DATES: This AD becomes effective May 27, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in the AD as of May 27, 2008.

ADDRESSES: 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 AD, the regulatory evaluation, 
any comments received, and other information. The address for the 
Docket Office (telephone 800-647-5527) is the Document Management 
Facility, U.S. Department of Transportation, Docket Operations, M-30, 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
Washington, DC 20590.

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: 

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to include an AD that supersedes AD 2006-11-15, amendment 
39-14619 (71 FR 30577, May 30, 2006). The existing AD applies to all 
EMBRAER Model ERJ 170-100 LR, -100 SE, -100 STD, and -100 SU airplanes; 
and all Model ERJ 190-100 IGW, -100 LR, and -100 STD airplanes. That 
NPRM was published in the Federal Register on February 5, 2008 (73 FR 
6631). That NPRM proposed to continue to require 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 NPRM also proposed 
to add additional airplanes to the applicability and require the AFM

[[Page 21232]]

revision for those additional airplanes. For certain airplanes, that 
NPRM also proposed to require installing new, improved full-authority 
digital engine-control software.

Comments

    We provided the public the opportunity to participate in the 
development of this AD. We have considered the single comment that has 
been received on the NPRM. The commenter, Air Line Pilots Association, 
International, supports the NPRM.

Conclusion

    We have carefully reviewed the available data, including the 
comment that has been received, and determined that air safety and the 
public interest require adopting the AD as proposed.

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 AD.

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

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.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866;
    (2) Is not a ``significant rule'' under 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. 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, 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 Federal Aviation Administration (FAA) amends Sec.  39.13 by 
removing amendment 39-14619 (71 FR 30577, May 30, 2006) and by adding 
the following new airworthiness directive (AD):

2008-08-21 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15475. Docket No. FAA-2008-0119; Directorate Identifier 
2007-NM-304-AD.

Effective Date

    (a) This AD becomes effective May 27, 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 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 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 (AFM) 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 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

[[Page 21233]]

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) of 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.

Material Incorporated by Reference

    (k) You must use the service information listed in Table 1 of 
this AD to perform the actions that are required by this AD, as 
applicable, unless the AD specifies otherwise. The Director of the 
Federal Register approved the incorporation by reference of these 
documents in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 
343-CEP 12.225, Sao Jose dos Campos-SP, Brazil, for a copy of this 
service information. 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
----------------------------------------------------------------------------------------------------------------
         EMBRAER Service Bulletin                 Revision level                           Date
----------------------------------------------------------------------------------------------------------------
170-73-0003..............................  01..........................  September 4, 2006.
190-73-0005..............................  Original....................  November 9, 2006.
190-73-0009..............................  01..........................  April 23, 2007.
----------------------------------------------------------------------------------------------------------------


    Issued in Renton, Washington, on April 8, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-8255 Filed 4-18-08; 8:45 am]
BILLING CODE 4910-13-P