[Federal Register Volume 75, Number 57 (Thursday, March 25, 2010)]
[Rules and Regulations]
[Pages 14333-14335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6518]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0274; Directorate Identifier 2010-NM-055-AD; 
Amendment 39-16248; AD 2010-07-04]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170 and Model ERJ 190 Airplanes

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

ACTION: Final rule; request for comments.

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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 determined that due to an intermittent communication 
between AMS [Air Management System] controller cards and both 
Secondary Power Distribution Assemblies (SPDAs) the message ``RECIRC 
SMK DET FAIL'' is displayed in the Engine Indication and Crew 
Alerting System (EICAS). This communication failure could result in 
loss of automatic activation of engine inlet ice protection system 
when in ice condition. In this situation the caution messages ``A-I 
Eng 1 Fail'' and ``A-I Eng 2 Fail'' will be displayed and if the 
flight crews do not follow the associated procedures ice may accrete 
in the engines inlet and cause a dual engine shut down.
* * * * *
This AD requires actions that are intended to address the unsafe 
condition described in the MCAI.

DATES: This AD becomes effective April 9, 2010.
    We must receive comments on this AD by May 10, 2010.

ADDRESSES: You may send comments by any of the following methods:

[[Page 14334]]

     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, 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 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: Cindy Ashforth, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425) 
227-2768; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directives 2010-01-01 and 2010-01-02, both effective 
January 31, 2010 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    It has been determined that due to an intermittent communication 
between AMS [Air Management System] controller cards and both 
Secondary Power Distribution Assemblies (SPDAs) the message ``RECIRC 
SMK DET FAIL'' is displayed in the Engine Indication and Crew 
Alerting System (EICAS). This communication failure could result in 
loss of automatic activation of engine inlet ice protection system 
when in ice condition. In this situation the caution messages ``A-I 
Eng 1 Fail'' and ``A-I Eng 2 Fail'' will be displayed and if the 
flight crews do not follow the associated procedures ice may accrete 
in the engines inlet and cause a dual engine shut down.
* * * * *
The required action includes revising the Limitations section of the 
airplane flight manual to prohibit dispatch with message ``RECIRC SMK 
DET FAIL'' displayed on the ground unless troubleshooting action 
confirms the message has not been triggered due to a failure of an AMS 
controller card. You may obtain further information by examining the 
MCAI in the AD docket.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Differences Between the 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 required 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 AD.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD. The FAA has found that the risk to the flying public justifies 
waiving notice and comment prior to adoption of this rule because an 
intermittent communication failure between AMS controller cards and 
both SPDAs could result in the loss of automatic activation of the 
engine inlet ice protection system when in icing conditions. In this 
situation, the caution messages ``A-I Eng 1 Fail'' and ``A-I Eng 2 
Fail'' will be displayed. If the flight crews do not follow the 
associated procedures, ice may accrete in the engines' inlet and cause 
a dual engine shut down. Therefore, we determined that notice and 
opportunity for public comment before issuing this AD are impracticable 
and that good cause exists for making this amendment effective in fewer 
than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2010-0274; Directorate 
Identifier 2010-NM-055-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

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;

[[Page 14335]]

    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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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:

2010-07-04 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-16248. Docket No. FAA-2010-0274; Directorate Identifier 
2010-NM-055-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April 9, 
2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes; Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes; 
Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -100 IGW airplanes; 
and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes; 
certificated in any category; equipped with Air Management System 
(AMS) controller cards having part number 1001050-1-YYY or 1001050-
2-YYY containing software version Black Label 08 or lower installed.

Subject

    (d) Air Transport Association (ATA) of America Code 26: Fire 
protection.

Reason

    (e) The mandatory continued airworthiness information (MCAI) 
states:
    It has been determined that due to an intermittent communication 
between AMS [Air Management System] controller cards and both 
Secondary Power Distribution Assemblies (SPDAs) the message ``RECIRC 
SMK DET FAIL'' is displayed in the Engine Indication and Crew 
Alerting System (EICAS). This communication failure could result in 
loss of automatic activation of engine inlet ice protection system 
when in ice condition. In this situation the caution messages ``A-I 
Eng 1 Fail'' and ``A-I Eng 2 Fail'' will be displayed and if the 
flight crews do not follow the associated procedures ice may accrete 
in the engines inlet and cause a dual engine shut down.
* * * * *
The required action includes revising the Limitations section of the 
airplane flight manual to prohibit dispatch with message ``RECIRC 
SMK DET FAIL'' displayed on the ground unless troubleshooting action 
confirms the message has not been triggered due to a failure of an 
AMS controller card.

Compliance

    (f) You are responsible for having the actions required by this 
AD performed within the compliance times specified, unless the 
actions have already been done.

Actions

    (g) Within 10 days after the effective date of this AD, revise 
the Limitations section of the airplane flight manual (AFM) to 
include the following statement. This may be done by inserting a 
copy of this AD in the AFM.
    ``Dispatch with the message `RECIRC SMK DET FAIL' displayed on 
the ground is prohibited unless troubleshooting action confirms the 
message has not been triggered due to a failure of an AMS controller 
card.''

    Note 1: 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.


    Note 2: The limitation and procedure specified in paragraph (g) 
of this AD is an interim solution until a final action is 
identified, at which time the FAA might consider further rulemaking.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information 
as follows: No differences.

Other FAA AD Provisions

    (h) 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: 
Cindy Ashforth, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton, 
Washington 98057-3356; telephone (425) 227-2768; fax (425) 227-1149. 
Before using any approved AMOC on any airplane to which the AMOC 
applies, notify your principal maintenance inspector (PMI) or 
principal avionics inspector (PAI), as appropriate, or lacking a 
principal inspector, your local Flight Standards District Office. 
The AMOC approval letter must specifically reference this AD.
    (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 (44 
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has 
approved the information collection requirements and has assigned 
OMB Control Number 2120-0056.
    (i) Special Flight Permits: We are prohibiting the issuance of 
special flight permits to operate the airplane to a location to 
replace the AMS controller card, unless the following condition is 
met: The flight crew must manually engage the engine anti-ice system 
if icing conditions occur during any ferry flight.

Related Information

    (j) Refer to MCAI Brazilian Airworthiness Directives 2010-01-01 
and 2010-01-02, both effective January 31, 2010, for related 
information.

Material Incorporated by Reference

    (k) None.

    Issued in Renton, Washington, on March 16, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2010-6518 Filed 3-24-10; 8:45 am]
BILLING CODE 4910-13-P