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Federal Register / Vol. 73, No.

24 / Tuesday, February 5, 2008 / Proposed Rules 6631

type design, CAA (Civil Aviation Authority) which the AMOC applies, notify your proposed AD would add additional
Netherlands issued AD NL–2006–011 to appropriate principal inspector (PI) in the airplanes to the applicability and would
require inspection of the Piccolo Tubes and FAA Flight Standards District Office (FSDO), require the AFM revision for those
the surrounding structure to establish correct or lacking a PI, your local FSDO. additional airplanes. For certain
installation, as well as the replacement of the (2) Airworthy Product: For any requirement
460-series Peri-seals by the improved 600- in this AD to obtain corrective actions from
airplanes, this proposed AD would also
series, which have a higher temperature a manufacturer or other source, use these require installing new, improved full-
limit. actions if they are FAA-approved. Corrective authority digital engine-control
Since the issuance of that AD, Fokker has actions are considered FAA-approved if they (FADEC) software. This proposed AD
developed a modification, published as are approved by the State of Design Authority results from a report that, during
Component Service Bulletin (CSB) D14000– (or their delegated agent). You are required landing, the thrust reverser may not re-
57–007, for spare wing leading edge sections to assure the product is airworthy before it stow completely if the throttle lever is
that may still contain the 460-series Peri- is returned to service. moved into the forward thrust range
seals. For that reason, this EASA AD retains (3) Reporting Requirements: For any
the requirements of AD NL–2006–011 and immediately after the thrust reverser is
reporting requirement in this AD, under the
adds a limit for the allowed use of provisions of the Paperwork Reduction Act,
applied. We are proposing this AD to
unmodified wing leading edge section as the Office of Management and Budget (OMB) prevent the flightcrew from performing
replacement part. has approved the information collection a takeoff with a partially deployed
The corrective actions include inspection of requirements and has assigned OMB Control thrust reverser, which could result in
the piccolo tubes and the wing leading edge Number 2120–0056. reduced controllability of the airplane.
for damage and replacement of the Peri-seals DATES: We must receive comments on
or repair of damage, as applicable. Related Information
(h) Refer to European Aviation Safety this proposed AD by March 6, 2008.
Actions and Compliance Agency (EASA) Airworthiness Directive ADDRESSES: You may send comments by
(f) Unless already done, do the following 2007–0229, dated August 15, 2007, Fokker any of the following methods:
actions. Service Bulletin SBF100–30–028, Revision 1, • Federal eRulemaking Portal: Go to
(1) Within 4,000 flight hours or 12 months dated April 17, 2007, and Fokker Component http://www.regulations.gov. Follow the
after the effective date of this AD, whichever Service Bulletin D14000–57–007, dated April
occurs first, do the actions in paragraphs instructions for submitting comments.
17, 2007, for related information.
(f)(1)(i) and (f)(1)(ii) of this AD in accordance • Fax: 202–493–2251.
Issued in Renton, Washington, on January • Mail: U.S. Department of
with the Accomplishment Instructions of
24, 2008.
Fokker Service Bulletin SBF100–30–028, Transportation, Docket Operations, M–
Revision 1, dated April 17, 2007. Ali Bahrami, 30, West Building Ground Floor, Room
(i) Inspect for damage of the piccolo tubes Manager, Transport Airplane Directorate, W12–140, 1200 New Jersey Avenue, SE.,
and the wing leading edge on the outside and Aircraft Certification Service. Washington, DC 20590.
on the inside at the access panels. If any [FR Doc. E8–1991 Filed 2–4–08; 8:45 am]
damage is found that is beyond the limits • Hand Delivery: U.S. Department of
specified in the service bulletin, repair before
BILLING CODE 4910–13–P Transportation, Docket Operations, M–
further flight. 30, West Building Ground Floor, Room
(ii) Replace the 460-series Peri-seals in the W12–140, 1200 New Jersey Avenue, SE.,
riblets with improved 600-series Peri-seals. DEPARTMENT OF TRANSPORTATION Washington, DC 20590, between 9 a.m.
(2) As of 12 months after the effective date and 5 p.m., Monday through Friday,
of this AD, no person may install on any Federal Aviation Administration
except Federal holidays.
airplane a spare wing leading edge section
unless the leading edge section has been 14 CFR Part 39 For service information identified in
modified in accordance with Fokker this AD, contact Empresa Brasileira de
Component Service Bulletin D14000–57–007, [Docket No. FAA–2008–0119; Directorate Aeronautica S.A. (EMBRAER), P.O. Box
dated April 17, 2007. Identifier 2007–NM–304–AD] 343—CEP 12.225, Sao Jose dos
(3) Actions done before the effective date RIN 2120–AA64 Campos—SP, Brazil.
of this AD in accordance with Fokker Service
Bulletin SBF100–30–028, dated May 18, Examining the AD Docket
Airworthiness Directives; Empresa
2006, are considered acceptable for Brasileira de Aeronautica S.A. You may examine the AD docket on
compliance with the actions required by the Internet at http://
(EMBRAER) Model ERJ 170 Airplanes
paragraph (f)(1) of this AD.
and Model ERJ 190 Airplanes www.regulations.gov; or in person at the
FAA AD Differences Docket Management Facility between 9
AGENCY: Federal Aviation a.m. and 5 p.m., Monday through
Note: This AD differs from the MCAI and/ Administration (FAA), Department of
or service information as follows: No Friday, except Federal holidays. The AD
Transportation (DOT). docket contains this proposed AD, the
differences.
ACTION: Notice of proposed rulemaking regulatory evaluation, any comments
Other FAA AD Provisions (NPRM). received, and other information. The
(g) The following provisions also apply to street address for the Docket Office
this AD: SUMMARY: The FAA proposes to
(telephone 800–647–5527) is in the
(1) Alternative Methods of Compliance supersede an existing airworthiness
ADDRESSES section. Comments will be
(AMOCs): The Manager, International directive (AD) that applies to all
available in the AD docket shortly after
Branch, ANM–116, Transport Airplane EMBRAER Model ERJ 170–100 LR, –100
Directorate, FAA, has the authority to
receipt.
SE, –100 STD, and –100 SU airplanes;
approve AMOCs for this AD, if requested and Model ERJ 190–100 IGW, –100 LR, FOR FURTHER INFORMATION CONTACT: Dan
using the procedures found in 14 CFR 39.19. and –100 STD airplanes. The existing Rodina, Aerospace Engineer,
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Send information to ATTN: Tom Rodriguez, AD currently requires revising the International Branch, ANM–116,
Aerospace Engineer, International Branch, Transport Airplane Directorate, FAA,
ANM–116, Transport Airplane Directorate,
Limitations section of the airplane flight
manual (AFM) to prohibit the flightcrew 1601 Lind Avenue, SW., Renton,
FAA, 1601 Lind Avenue, SW., Renton,
from moving the throttle into the Washington 98057–3356; telephone
Washington 98057–3356; telephone (425)
227–1137; fax (425) 227–1149. Before using forward thrust range immediately after (425) 227–2125; fax (425) 227–1149.
any approved AMOC on any airplane to applying the thrust reverser. This SUPPLEMENTARY INFORMATION:

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6632 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules

Comments Invited Actions Since Existing AD Was Issued ANAC mandated the service
We invite you to send any written The preamble to AD 2006–11–15 information and issued Brazilian
relevant data, views, or arguments about explains that we consider the airworthiness directive 2006–03–02R1,
this proposed AD. Send your comments requirements ‘‘interim action’’ and were effective February 27, 2007; and
to an address listed under the considering further rulemaking. We now Brazilian airworthiness directive 2006–
ADDRESSES section. Include ‘‘Docket No. have determined that further 03–03R1, effective November 9, 2007; to
FAA–2008–0119; Directorate Identifier rulemaking is indeed necessary, and ensure the continued airworthiness of
2007–NM–304–AD’’ at the beginning of this proposed AD follows from that these airplanes in Brazil.
your comments. We specifically invite determination. The Agência Nacional de
comments on the overall regulatory, Aviação Civil (ANAC), which is the FAA’s Determination and Requirements
economic, environmental, and energy airworthiness authority for Brazil, has of the Proposed AD
aspects of this proposed AD. We will determined that new, improved full- These airplanes are manufactured in
consider all comments received by the authority digital engine-control Brazil and are type certificated for
closing date and may amend this (FADEC) software must be installed on operation in the United States under the
proposed AD because of those certain airplanes to adequately address
comments. provisions of section 21.29 of the
the unsafe condition.
We will post all comments we Since we issued AD 2006–11–15, we Federal Aviation Regulations (14 CFR
receive, without change, to http:// have type certificated EMBRAER Model 21.29) and the applicable bilateral
www.regulations.gov, including any ERJ 170–200 LR, –200 STD, and –200 airworthiness agreement. Pursuant to
personal information you provide. We SU airplanes; and Model ERJ 190–200 this bilateral airworthiness agreement,
will also post a report summarizing each IGW, –200 LR, and –200 STD airplanes the ANAC has kept the FAA informed
substantive verbal contact we receive for operation in the U.S. Therefore, the of the situation described above. We
about this proposed AD. AFM revision required by AD 2006–11– have examined the ANAC’s findings,
15 should also apply to those additional evaluated all pertinent information, and
Discussion
airplanes. determined that AD action is necessary
On May 22, 2006, we issued AD for airplanes of this type design that are
2006–11–15, amendment 39–14619 (71 Relevant Service Information
certificated for operation in the United
FR 30577, May 30, 2006), for all EMBRAER has issued the following States.
Empresa Brasileira de Aeronautica S.A. service bulletins:
(EMBRAER) Model ERJ 170–100 LR, • EMBRAER Service Bulletin 170– This proposed AD would supersede
–100 SE, –100 STD, and –100 SU 73–0003, Revision 01, dated September AD 2006–11–15 and would retain the
airplanes; and Model ERJ 190–100 IGW, 4, 2006, for Model ERJ 170–100 LR, requirements of the existing AD. This
–100 LR, and –100 STD airplanes. That –100 SE, –100 STD, –100 SU, –200 LR, proposed AD would also add Model ERJ
AD requires revising the Limitations –200 STD, and –200 SU airplanes; 170–200 LR, –200 STD, and –200 SU
section of the airplane flight manual • EMBRAER Service Bulletin 190– airplanes; and Model ERJ 190–200 IGW,
(AFM) to prohibit the flightcrew from 73–0005, dated November 9, 2006, for a –200 LR, and –200 STD airplanes to the
moving the throttle into the forward Model ERJ 190–200 LR airplane; and applicability and would require the
thrust range immediately after applying • EMBRAER Service Bulletin 190– AFM revision for those additional
the thrust reverser. That AD resulted 73–0009, Revision 01, dated April 23, airplanes. This proposed AD would also
from a report that, during landing, the 2007, for Model ERJ 190–100 IGW, –100 require accomplishing the actions
thrust reverser may not re-stow LR, –100 STD, –200 IGW, –200 LR, and specified in the service information
completely if the throttle lever is moved –200 STD airplanes. described previously.
into the forward thrust range The service bulletins describe
immediately after the thrust reverser is procedures for installing new, improved Costs of Compliance
applied. We issued that AD to prevent FADEC software having a certain
the flightcrew from performing a takeoff version or higher. Accomplishing the The following table provides the
with a partially deployed thrust actions specified in the service estimated costs, at an average labor rate
reverser, which could result in reduced information is intended to adequately of $80 per hour, for U.S. operators to
controllability of the airplane. address the unsafe condition. The comply with this proposed AD.

ESTIMATED COSTS
Number of
Cost per U.S.-
Action Work hours Parts Fleet cost
airplane registered
airplanes

AFM revision (required by AD 2006–11– 1 None ....................................................... $80 76 $6,080


15).
AFM revision (new proposed action) ...... 1 None ....................................................... 80 57 4,560
Software installation (new proposed ac- 1 The manufacturer states that it will sup- 80 133 10,640
tion). ply the required software to operators
at no cost.
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Authority for This Rulemaking Section 106, describes the authority of detail the scope of the Agency’s
the FAA Administrator. Subtitle VII, authority.
Title 49 of the United States Code Aviation Programs, describes in more
specifies the FAA’s authority to issue We are issuing this rulemaking under
rules on aviation safety. Subtitle I, the authority described in Subtitle VII,

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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 6633

Part A, Subpart III, Section 44701, Empresa Brasileira De Aeronautica S.A. applicable software required by paragraph (h)
‘‘General requirements.’’ Under that (EMBRAER): Docket No. FAA–2008– of this AD terminates the AFM revision
section, Congress charges the FAA with 0119; Directorate Identifier 2007–NM– required by this paragraph.
promoting safe flight of civil aircraft in 304–AD. ‘‘After applying thrust reverser, do not
move the throttle back to the forward thrust
air commerce by prescribing regulations Comments Due Date
range, unless the REV icon on the EICAS is
for practices, methods, and procedures (a) The FAA must receive comments on shown in amber or green.’’
the Administrator finds necessary for this AD action by March 6, 2008. Note 2: When a statement identical to that
safety in air commerce. This regulation in paragraph (g) of this AD has been included
Affected ADs
is within the scope of that authority in the general revisions of the AFM, the
because it addresses an unsafe condition (b) This AD supersedes AD 2006–11–15.
general revisions may be inserted into the
that is likely to exist or develop on Applicability AFM, and the copy of this AD may be
products identified in this rulemaking (c) This AD applies to all EMBRAER Model removed from the AFM.
action. ERJ 170–100 LR, –100 SE, –100 STD, –100
Software Installation
Regulatory Findings SU, –200 LR, –200 STD, and –200 SU
airplanes; and Model ERJ 190–100 IGW, –100 (h) Within 1,200 flight hours after the
We have determined that this LR, –100 STD, –200 IGW, –200 LR, and –200 effective date of this AD, install the full-
proposed AD would not have federalism STD airplanes; certificated in any category. authority digital engine-control (FADEC)
software specified in paragraph (h)(1), (h)(2),
implications under Executive Order Unsafe Condition or (h)(3) of this AD, as applicable. Installing
13132. This proposed AD would not (d) This AD results from report that, during the applicable software terminates the
have a substantial direct effect on the landing, the thrust reverser may not re-stow applicable AFM revision required by
States, on the relationship between the completely if the throttle lever is moved into paragraph (f) or (g) this AD.
national Government and the States, or the forward thrust range immediately after (1) For Model ERJ 170–100 LR, –100 SE,
on the distribution of power and the thrust reverser is applied. We are issuing –100 STD, –100 SU, –200 LR, –200 STD, and
responsibilities among the various this AD to prevent the flightcrew from –200 SU airplanes identified in EMBRAER
levels of government. performing a takeoff with a partially Service Bulletin 170–73–0003, Revision 01,
For the reasons discussed above, I deployed thrust reverser, which could result dated September 4, 2006: Install engine
in reduced controllability of the airplane. FADEC software version 5.30 or higher in
certify that the proposed regulation:
accordance with the service bulletin.
1. Is not a ‘‘significant regulatory Compliance
(2) For the Model ERJ 190–200 LR airplane
action’’ under Executive Order 12866; (e) You are responsible for having the identified in EMBRAER Service Bulletin
2. Is not a ‘‘significant rule’’ under the actions required by this AD performed within 190–73–0005, dated November 9, 2006:
DOT Regulatory Policies and Procedures the compliance times specified, unless the Install engine FADEC software version 5.10
(44 FR 11034, February 26, 1979); and actions have already been done. or higher in accordance with the service
3. Will not have a significant Restatement of Requirements of AD 2006– bulletin.
11–15 (3) For Model ERJ 190–100 IGW, –100 LR,
economic impact, positive or negative, –100 STD, –200 IGW, –200 LR, and –200 STD
on a substantial number of small entities Airplane Flight Manual Revision airplanes identified in EMBRAER Service
under the criteria of the Regulatory (f) For Model ERJ 170–100 LR, –100 SE, Bulletin 190–73–0009, Revision 01, dated
Flexibility Act. –100 STD, and –100 SU airplanes; and Model April 23, 2007: Install engine FADEC
We prepared a regulatory evaluation ERJ 190–100 IGW, –100 LR, –100 STD software version 5.20 or higher in accordance
of the estimated costs to comply with airplanes: Within 7 days after June 14, 2006 with the service bulletin.
this proposed AD and placed it in the (the effective date of AD 2006–11–15), revise Alternative Methods of Compliance
AD docket. See the ADDRESSES section the Limitations section of the EMBRAER 170/ (AMOCs)
for a location to examine the regulatory 190 Airplane Flight Manual (AFM) to include
the following statement. This may be done by (i)(1) The Manager, International Branch,
evaluation. ANM–116, Transport Airplane Directorate,
inserting a copy of this AD in the AFM.
List of Subjects in 14 CFR Part 39 Factory-installation or installation of the FAA, has the authority to approve AMOCs
applicable software required by paragraph (h) for this AD, if requested in accordance with
Air transportation, Aircraft, Aviation of this AD terminates the AFM revision the procedures found in 14 CFR 39.19.
safety, Safety. required by this paragraph. (2) To request a different method of
‘‘After applying thrust reverser, do not compliance or a different compliance time
The Proposed Amendment move the throttle back to the forward thrust for this AD, follow the procedures in 14 CFR
range, unless the REV icon on the EICAS is 39.19. Before using any approved AMOC on
Accordingly, under the authority any airplane to which the AMOC applies,
delegated to me by the Administrator, shown in amber or green.’’
notify your appropriate principal inspector
the FAA proposes to amend 14 CFR part Note 1: When a statement identical to that
(PI) in the FAA Flight Standards District
39 as follows: in paragraph (f) of this AD has been included
Office (FSDO), or lacking a PI, your local
in the general revisions of the AFM, the
FSDO.
PART 39—AIRWORTHINESS general revisions may be inserted into the
AFM, and the copy of this AD may be Related Information
DIRECTIVES
removed from the AFM. (j) Brazilian airworthiness directive 2006–
1. The authority citation for part 39 New Requirements of This AD 03–02R1, effective February 27, 2007; and
continues to read as follows: Brazilian airworthiness directive 2006–03–
AFM Revision for New Airplanes 03R1, effective November 9, 2007; also
Authority: 49 U.S.C. 106(g), 40113, 44701.
(g) For Model ERJ 170–200 LR, –200 STD, address the subject of this AD.
§ 39.13 [Amended] and –200 SU airplanes; and Model ERJ 190– Issued in Renton, Washington, on January
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2. The Federal Aviation 200 IGW, –200 LR, and –200 STD airplanes: 24, 2008.
Within 14 days after the effective date of this Ali Bahrami,
Administration (FAA) amends § 39.13 AD, revise the Limitations section of the
by removing amendment 39–14619 (71 EMBRAER 170/190 AFM to include the Manager, Transport Airplane Directorate,
FR 30577, May 30, 2006) and adding the following statement. This may be done by Aircraft Certification Service.
following new airworthiness directive inserting a copy of this AD in the AFM. [FR Doc. E8–1990 Filed 2–4–08; 8:45 am]
(AD): Factory-installation or installation of the BILLING CODE 4910–13–P

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