## 44734 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations Material Incorporated by Reference

(h) You must use the applicable service information specified in Table 2 of this AD to do the actions required by this AD, unless the AD specifies otherwise. If you accomplish the optional terminating modification specified in this AD, you must use the applicable service information specified in Table 3 of this AD. 

### T ABLE 

### 2.
— R EQUIRED 

### M ATERIAL 

### I NCORPORATED BY 

### R EFERENCE Airbus Service Bulletin Revision Date A330
– 57
– 3081, including Appendix 01 .................................................................................................... .. 02 January 24, 2006. A340
– 57
–4089, including Appendix 01 .................................................................................................... .. 02 January 24, 2006. 

### T ABLE 

### 3.
— O PTIONAL 

### M ATERIAL 

### I NCORPORATED BY 

### R EFERENCE Airbus Service Bulletin Date A330
– 57
– 3090 ................. March 27, 2006. A340
– 57
–4098 ................. March 27, 2006.

(1) The Director of the Federal Register approved the incorporation by reference of this service information under 5 U.S.C. 552(a) and 1 CFR part 51.

(2) For service information identified in this AD, contact Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

(3) 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/ibrlocations.html.

Issued in Renton, Washington, on July 24, 2007. Stephen P. Boyd, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7

– 14866 Filed 8

– 8
– 07; 8:45 am] **BILLING CODE 4910 –**  **13 –**  **P** 

### DEPARTMENT OF TRANSPORTATION **Federal Aviation Administration 14 CFR Part 39**  **[Docket No. FAA –** **2007 –** **28094; Directorate Identifier 2006**  **– NM**  **– 258**  **– AD; Amendment**  **39 –**  **15148; AD 2007 –**  **16 –**  **09] 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 STD,

– 100 SE, and

– 100 SU airplanes. That AD currently requires repetitively replacing the low-stage check valve and associated seals of the right-hand engine bleed system. This new AD adds new airplanes to that existing requirement. For all airplanes, this AD also requires repetitively replacing the low-stage check valve and associated seals of the left-hand engine bleed system with a new check valve and new seals. This AD results from a report that an engine shut down during flight due to the failure of the low-stage check valve to close. We are issuing this AD to prevent failure of the low-stage check valve, which could result in an engine shutting down during flight. **DATES** 

### : This AD becomes effective September 13, 2007.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in the AD as of September 13, 2007.

On November 29, 2005 (70 FR 69075, November 14, 2005), the Director of the Federal Register approved the incorporation by reference of a certain service bulletin. **ADDRESSES** 

### : You may examine the AD docket on the Internet at http:// dms.dot.gov or in person at the U.S. Department of Transportation, Docket Operations, M

– 30, West Building Ground Floor, Room W12

– 140, 1200 New Jersey Avenue, SE., Washington, DC.

Contact Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343
– CEP 12.225, Sao Jose dos Campos

— SP, Brazil, for service information identified in this AD. **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** 

### : Examining the Docket

You may examine the AD docket on the Internet at http://dms.dot.gov or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Docket Operations office (telephone (800) 647

– 5527) is located on the ground floor of the West Building at the DOT street address stated in the **ADDRESSES** 

### section. Discussion

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that supersedes AD 2005

– 23
– 14, amendment 39
– 14372 (70 FR 69075, November 14, 2005). The existing AD applies to all EMBRAER Model ERJ 170

– 100 LR,

– 100 STD,

– 100 SE, and

– 100 SU airplanes. That NPRM was published in the Federal Register on May 8, 2007 (72 FR 26008). That NPRM proposed to continue to require repetitively replacing the low-stage check valve and associated seals of the right-hand (RH) engine bleed system. That NPRM also proposed to add new airplanes to that existing requirement. For all airplanes, that NPRM also proposed to require repetitively replacing the low-stage check valve and associated seals of the left-hand (LH) engine bleed system with a new check valve and new seals. Comments

We provided the public the opportunity to participate in the development of this AD. No comments have been received on the NPRM or on the determination of the cost to the public. Changes to This AD

We have reviewed Revision 01 of EMBRAER Service Bulletin 190

– 36
– 0004, dated November 14, 2006, and have determined that the accomplishment instructions of Revision 01 are the same as those in the original issue of the service bulletin. In the NPRM, we referred to the original issue of EMBRAER Service Bulletin 190
– 36
– 0004, dated October 18, 2006, as the appropriate source of service information for replacing the low-stage check valves and associated seals of the RH and LH engine bleed system, on Model ERJ 190

– 100 STD,

– 100 LR, and

– 100 IGW airplanes. Therefore, we have revised paragraphs (j) and (k) of this AD to also refer to Revision 01 of EMBRAER Service Bulletin 190

– 36
– 0004, dated November 14, 2006, as an appropriate source of service information. We have

## 44735 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations also revised paragraph (n) of this AD to specify that this AD does not require sending to the manufacturer any check valve removed in accordance with Revision 01 of EMBRAER Service Bulletin 190

– 36
– 0004. Conclusion

We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD with the changes described previously. We have determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD. Interim Action

This AD is considered to be interim action. The manufacturer has advised that it currently is developing a modification that will address the unsafe condition addressed by this AD. Once this modification is approved we might consider additional rulemaking. Costs of Compliance

The following table provides the estimated costs, at an average labor rate of $80 per work hour, for U.S. operators to comply with this AD. The parts manufacturer states that it will supply required parts to operators at no cost. 

### E STIMATED 

### C OSTS Action Work hours Cost per airplane Number of U.S.-registered airplanes Fleet cost Replacement of RH check valves on Model ERJ

170
– 100 LR,
– 100 STD,
– 100 SE, and
– 100 SU airplanes (required by AD 2005
–23
– 14). 3 $240, per replacement cycle. 55 $13,200, per replacement cycle. Replacement of LH check valves on Model ERJ

170
– 100 LR,
– 100 STD,
– 100 SE,
– 100 SU,
–200 LR,
–200 STD, and
–200 SU airplanes (new action). 3 $240, per replacement cycle. 75 $18,000, per replacement cycle. Replacement of RH check valves on Model ERJ 190

airplanes (new action). 3 $240, per replacement cycle. 23 $5,520, per replacement cycle. Replacement of LH check valves on Model ERJ 190

airplanes (new action). 3 $240, per replacement cycle. 23 $5,520, per replacement cycle. 

### 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 ■ 

### Accordingly, under the authority delegated to me by the Administrator, the FAA amends 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. **§ 39.13 [Amended]**  ■ 

### 2. The Federal Aviation Administration (FAA) amends § 39.13 by removing amendment 39

– 14372 (70 FR 69075, November 14, 2005) and by adding the following new airworthiness directive (AD): 2007 – 16 – 09 Empresa Brasileira de Aeronautica S.A. (EMBRAER): Amendment 39

– 15148. Docket No. FAA

– 2007
– 28094; Directorate Identifier 2006
–NM

– 258
–AD. Effective Date

(a) This AD becomes effective September 13, 2007. Affected ADs

(b) This AD supersedes AD 2005

– 23
– 14. Applicability

(c) This AD applies to all EMBRAER Model ERJ 170

– 100 LR,

– 100 STD,

– 100 SE,

– 100 SU,

– 200 LR,

– 200 STD, and

– 200 SU airplanes; and Model ERJ 190

– 100 STD,

– 100 LR, and

– 100 IGW airplanes; certificated in any category. Unsafe Condition

(d) This AD results from a report that an engine shut down during flight due to the failure of the low-stage check valve to close. We are issuing this AD to prevent failure of the low-stage check valve, which could result in an engine shutting down during flight. 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.


## 44736 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations Restatement of Requirements of AD 2005
– 23 – 14 Replacement for Right-Hand (RH) Engine on Model ERJ 170
– 100 LR,
– 100 STD,
– 100 SE, and
– 100 SU Airplanes With New Service Bulletin

(f) For Model ERJ 170

– 100 LR,

– 100 STD,

– 100 SE, and

– 100 SU airplanes: Within 100 flight hours after November 29, 2005 (the effective date of AD 2005

– 23
– 14), or prior to the accumulation of 3,000 total flight hours, whichever occurs later, replace the low-stage check valve and associated seals of the RH engine ’ s engine bleed system with a new check valve and new seals, in accordance with the Accomplishment Instructions of EMBRAER Alert Service Bulletin 170

– 36
– A004, dated September 28, 2005; or paragraph 3.C. of the Accomplishment Instructions of EMBRAER Service Bulletin 170
– 36
– 0004, dated November 18, 2005. Repeat the replacement thereafter at intervals not to exceed 3,000 flight hours. Parts Installation for RH Engine on Model ERJ 170
– 100 LR,
– 100 STD,
– 100 SE, and

– 100 SU Airplanes

(g) For Model ERJ 170

– 100 LR,

– 100 STD,

– 100 SE, and

– 100 SU airplanes: As of November 29, 2005, no engine may beinstalled in the RH position unless the lowstage check valve has been replaced in accordance with the actions required by paragraph (f) of this AD. Removed Check Valves

(h) Although EMBRAER Alert Service Bulletin 170

– 36
–A004, dated September 28, 2005, specifies to send removed check valves to the manufacturer, this AD does not include that requirement. New Requirements of This AD Replacement for Left-Hand (LH) Engine on All Model ERJ 170 Airplanes

(i) For Model ERJ 170

– 100 LR,

– 100 STD,

– 100 SE,

– 100 SU,

– 200 LR,

– 200 STD, and

– 200 SU airplanes: Within 300 flight hours after the effective date of this AD or prior to the accumulation of 3,000 total flight hours, whichever occurs later, replace the low-stage check valve and associated seals of the LH engine ’ s engine bleed system with a new check valve and new seals, in accordance with paragraph 3.B. of the Accomplishment Instructions of EMBRAER Service Bulletin 170
– 36
– 0004, dated November 18, 2005. Repeat the replacement thereafter at intervals not to exceed 3,000 flight hours. Replacement for RH Engine on Model ERJ 190 Airplanes

(j) For Model ERJ 190

– 100 STD,

– 100 LR, and

– 100 IGW airplanes: Within 100 flight hours after the effective date of this AD or prior to the accumulation of 1,500 total flight hours, whichever occurs later, replace the low-stage check valve and associated seals of the RH engine ’ s engine bleed system with a new check valve and new seals, in accordance with paragraph 3.C. of the Accomplishment Instructions of EMBRAER Service Bulletin 190

– 36
– 0004, dated October 18, 2006; or Revision 01, dated November 14, 2006. Repeat the replacement thereafter at intervals not to exceed 1,500 flight hours. Replacement for LH Engine on Model ERJ 190 Airplanes

(k) For Model ERJ 190

– 100 STD,

– 100 LR, and

– 100 IGW airplanes: Within 600 flight hours after the effective date of this AD or prior to the accumulation of 1,500 total flight hours, whichever occurs later, replace the low-stage check valve and associated seals of the LH engine ’ s engine bleed system with a new check valve and new seals, in accordance with paragraph 3.B. of the Accomplishment Instructions of EMBRAER Service Bulletin 190

– 36
– 0004, dated October 18, 2006; or Revision 01, dated November 14, 2006. Repeat the replacement thereafter at intervals not to exceed 1,500 flight hours. Parts Installation for LH Engine on Model ERJ 170 Airplanes

(l) For Model ERJ 170

– 100 LR,

– 100 STD,

– 100 SE,

– 100 SU,

– 200 LR,

– 200 STD, and

– 200 SU airplanes: As of the effective date of this AD, no engine may be installed in the LH position unless the low-stage check valve has been replaced in accordance with the actions required by paragraph (i) of this AD. Parts Installation for RH and LH Engine on Model ERJ 190 Airplanes

(m) For Model ERJ 190

– 100 STD,

– 100 LR, and

– 100 IGW airplanes: As of the effective date of this AD; no engine may be installed in the RH position unless the low-stage check valve has been replaced in accordance with the actions required by paragraph (j) of this AD; and no engine may be installed in the LH position unless the low-stage check valve has been replaced in accordance with the actions required by paragraph (k) of this AD. Removed Check Valves in Accordance With New Service Bulletins

(n) Although EMBRAER Service Bulletin 170
– 36
– 0004, dated November 18, 2005; EMBRAER Service Bulletin 190

– 36
– 0004, dated October 18, 2006; and EMBRAER Service Bulletin 190

– 36
– 0004, Revision 01, dated November 14, 2006; specify to send removed check valves to the manufacturer, this AD does not include that requirement. Alternative Methods of Compliance (AMOCs)

(o)(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

(p) Brazilian airworthiness directive 2005

– 09
– 03R1, effective May 23, 2006; and Brazilian airworthiness directive 2006

– 11
– 01R1, effective March 21, 2007; also address the subject of this AD. Material Incorporated by Reference

(q) You must use the service information identified in Table 1 of this AD, as applicable, to perform the actions that are required by this AD, unless the AD specifies otherwise. 

### T ABLE 

### 1.
—A LL 

### M ATERIAL 

### I NCORPORATED BY 

### R EFERENCE

Service Bulletin Revision level Date EMBRAER Alert Service Bulletin 170
– 36
–A004 ............................................................................. Original ...................... September 28, 20 05. EMBRAER Service Bulletin 170
– 36
– 0004 ...................................................................................... Original ...................... Novembe r 18, 2005. EMBRAER Service Bulletin 190
– 36
– 0004 ...................................................................................... Original ...................... October18, 2006. EMBRAER Service Bulletin 190
– 36
– 0004 ...................................................................................... 01 .............................. Novem ber 14, 2006.

(1) The Director of the Federal Register approved the incorporation by reference of the documents identified in Table 2 of this AD in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 

### T ABLE 

### 2.
— N EW 

### M ATERIAL 

### I NCORPORATED BY 

### R EFERENCE

Service Bulletin Revision level Date EMBRAER Service Bulletin 170
– 36
– 0004 ...................................................................................... Original ...................... Novembe r 18, 2005. EMBRAER Service Bulletin 190
– 36
– 0004 ...................................................................................... Original ...................... October18, 2006.

## 44737 Federal Register / Vol. 72, No. 153 / Thursday, August 9, 2007 / Rules and Regulations T ABLE 

### 2.
— N EW 

### M ATERIAL 

### I NCORPORATED BY 

### R EFERENCE 

### — Continued Service Bulletin Revision level Date EMBRAER Service Bulletin 190
– 36
– 0004 ...................................................................................... 01 .............................. Novem ber 14, 2006.

(2) On November 29, 2005 (70 FR 69075, November 14, 2005), the Director of the Federal Register approved the incorporation by reference of EMBRAER Alert Service Bulletin 170

– 36
–A004, dated September 28, 2005.

(3) 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/ibrlocations.html.

Issued in Renton, Washington, on July 30, 2007. Ali Bahrami, Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. E7

– 15412 Filed 8

– 8
– 07; 8:45 am] **BILLING CODE 4910 –**  **13 –**  **P** 

### DEPARTMENT OF TRANSPORTATION **Federal Aviation Administration 14 CFR Part 39**  **[Docket No. FAA –** **2007 –** **28036; Directorate Identifier 2006**  **– NM**  **– 278**  **– AD; Amendment**  **39 –**  **15145; AD 2007 –**  **16 –**  **06] RIN 2120**  **– AA64**  

### Airworthiness Directives; Airbus Model **A330 –** **200 and A330 –** **300 Series Airplanes; and Model A340**  **– 200, A340**  **– 300, A340**  **– 500, and A340**  **– 600 Series**  **Airplanes AGENCY**  

### : Federal Aviation Administration (FAA), Department of Transportation (DOT). **ACTION** 

### : Final rule. **SUMMARY** 

### : We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) issued by an airworthiness authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as failure of an evacuation slide raft to inflate, which could delay the evacuation of passengers in case of an emergency. We are issuing this AD to require actions to correct the unsafe condition on these products. **DATES** 

### : This AD becomes effective September 13, 2007.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of September 13, 2007. **ADDRESSES** 

### : You may examine the AD docket on the Internet at http:// dms.dot.gov or in person at the U.S. Department of Transportation, Docket Operations, M

– 30, West Building Ground Floor, Room W12

– 140, 1200 New Jersey Avenue, SE., Washington, DC. **FOR FURTHER INFORMATION CONTACT** 

### : Tim Backman, Aerospace Engineer, ANM

– 116, International Branch, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington 98057
– 3356; telephone (425) 227

– 2797; fax (425) 227

– 1149. **SUPPLEMENTARY INFORMATION** 

### : Discussion

The FAA is implementing a new process for streamlining the issuance of ADs related to MCAI. This streamlined process will allow us to adopt MCAI safety requirements in a more efficient manner and will reduce safety risks to the public. This process continues to allow all FAA AD issuance processes to meet legal, economic, Administrative Procedure Act, and Federal Register requirements. We also continue to meet our technical decision-making responsibilities to identify and correct unsafe conditions on U.S.-certificated products.

This AD references the MCAI and related service information that we considered in forming the engineering basis to correct the unsafe condition. The AD contains text copied from the MCAI and for this reason might not follow our plain language principles.

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on April 30, 2007 (72 FR 21164). That NPRM proposed to require a set of modifications of the slide raft assembly of each door and the slide raft, as applicable, which consists of: continuous ‘‘ speed lacing ’’ cord and new soft covers with rounded grommets; and a new shorter firing cable, a new anchor block for the slide raft packboard and a new folding procedure. The MCAI states that several operators have reported non-automatic deployment of slide rafts during ground operational testing. In all cases, the slide raft released correctly from the door but did not inflate automatically. Pulling the manual backup handle correctly inflated the slide raft. Investigation conducted by the slide raftmanufacturer showed that nonautomatic deployments have two potential root causes: non-opening of the lacing; and stiffness and stiction (static friction) on the painted inflatable material. This situation, if not corrected, could delay the evacuation of passengers in case of an emergency. A new design solution has been developed to ensure the automatic slide raft deployment, which consists of: continuous ‘‘ speed lacing ’’ cord and new soft covers with rounded grommets (this modification ensures that the lacing opens); and a new shorter firing cable, a new anchor block for the slide raft packboard and a new folding procedure (this modification ensures automatic deployment regardless of the inflatable paint condition). Both modifications together ensure the automatic deployment function. The MCAI requires accomplishment of the set of modifications. Comments

We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public. Clarification of Applicability

We have revised the applicability of this AD to match the MCAI and the current FAA type certification data sheet for the affected airplanes. The revision clarifies the applicability and does not add to or change the affected airplanes. Conclusion

We reviewed the available data and determined that air safety and the public interest require adopting the AD with the change described previously. We determined that this change will not increase the economic burden on any operator or increase the scope of the AD.