49362 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Proposed Rules 

‘‘Warning: Stick Shaker May Not Activate 

Prior to Buffet/Roll-Off If Airspeed Is 

Reduced Below the Appropriate Minimum 

Speed.’’

No Maintenance Transaction Report 

Required for Cessna Service Letters 

(l) Cessna Alert Service Letters ASL560–

34–34 and ASL560–34–35, both Revision 1, 

both dated October 2, 2007, both including 

Attachments; and Cessna Alert Service 

Letters ASL560–34–34 and ASL560–34–35, 

both Revision 3, both dated March 6, 2008, 

both including Attachments; specify to 

submit a maintenance transaction report to 

the manufacturer. This AD does not include 

that requirement. 

Actions Accomplished According to 

Previous Issue of Service Bulletin 

(m) Actions accomplished before the 

effective date of this AD in accordance with 

Cessna Alert Service Letter ASL560–34–34 or 

ASL560–34–35, both Revision 2, both dated 

January 11, 2008, both including 

Attachments, are considered acceptable for 

compliance with the corresponding action 

specified in paragraph (i) of this AD. 

Alternative Methods of Compliance 

(AMOCs) 

(n)(1) The Manager, Wichita Aircraft 

Certification Office (ACO), FAA, ATTN: Bob 

Busto, Aerospace Engineer, Systems and 

Propulsion Branch, ACE–116W, FAA, 

Wichita ACO, 1801 Airport Road, Room 100, 

Mid-Continent Airport, Wichita, Kansas 

67209; telephone (316) 946–4157; fax (316) 

946–4107; has the authority to approve 

AMOCs for this AD, if requested using 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. 

Issued in Renton, Washington, on August 

12, 2008. 

Michael J. Kaszycki, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–19386 Filed 8–20–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0889; Directorate 

Identifier 2008–NM–092–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model ERJ 170 and ERJ 

190 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. 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: 

[E]scape slide system installation [was found 

with] * * * tie-down straps which are used 

for escape slide packing [having not been 

removed]. The non-removal of the tie-down 

straps does not allow the aircraft door to 

reach the fully open position and the 

consequent deployment of the escape slide 

system in a * * * emergency evacuation, 

affecting the occupying safety. 

The unsafe condition is failure of an 

evacuation system, which could impede 

an emergency evacuation and increase 

the chance of injury to passengers and 

flightcrew during the evacuation. 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 September 22, 

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: 

Kenny Kaulia, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–2848; 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–2008–0889; Directorate Identifier 

2008–NM–092–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 

The Ageˆncia Nacional de Aviac ̧a ̃o 

Civil (ANAC), which is the aviation 

authority for Brazil, has issued Brazilian 

Airworthiness Directives 2008–01–03 

and 2008–01–04, both effective March 3, 

2008 (referred to after this as ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

[E]scape slide system installation [was found 

with] * * * tie-down straps which are used 

for escape slide packing [having not been 

removed]. The non-removal of the tie-down 

straps does not allow the aircraft door to 

reach the fully open position and the 

consequent deployment of the escape slide 

system in a * * * emergency evacuation, 

affecting the occupying safety. 

The unsafe condition is failure of an 

evacuation system, which could impede 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Proposed Rules 49363 

an emergency evacuation and increase 

the chance of injury to passengers and 

flightcrew during the evacuation. The 

corrective action involves inspection of 

the forward and rearward doors’

emergency evacuation slide packs for 

the presence of tie-down straps, and, if 

applicable, removal of the tie-down 

straps. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Relevant Service Information 

EMBRAER has issued Service 

Bulletins 170–25–0088 and 190–25–

0062, both dated December 21, 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. 

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 144 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 

$23,040, 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. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by adding 

the following new AD: 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2008–

0889; Directorate Identifier 2008–NM–

092–AD. 

Comments Due Date 

(a) We must receive comments by 

September 22, 2008. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to the airplanes 

specified in paragraphs (c)(1) and (c)(2) of 

this AD. 

(1) EMBRAER Model ERJ 170–100 LR, 

–100 STD, –100 SE, and –100 SU, –200 LR, 

–200 STD, and –200 SU airplanes, serial 

numbers 17000002, 17000004 thru 17000013, 

and 17000015 thru 17000196, certificated in 

any category. 

(2) EMBRAER Model ERJ 190–100 STD, 

–100 LR, –100 IGW, –100 ECJ, –200 STD, 

–200 LR, and –200 IGW airplanes, serial 

numbers 19000002, 19000004 thru 19000132, 

and 19000135, certificated in any category. 

Subject 

(d) Air Transport Association (ATA) of 

America Code 25: Equipment/Furnishings. 

Reason 

(e) The mandatory continuing 

airworthiness information (MCAI) states: 

[E]scape slide system installation [was found 

with] * * * tie-down straps which are used 

for escape slide packing [having not been 

removed]. The non-removal of the tie-down 

straps does not allow the aircraft door to 

reach the fully open position and the 

consequent deployment of the escape slide 

system in a * * * emergency evacuation, 

affecting the occupying safety. 

The unsafe condition is failure of an 

evacuation system, which could impede an 

emergency evacuation and increase the 

chance of injury to passengers and flightcrew 

during the evacuation. The corrective action 

involves inspection of the forward and 

rearward doors’ emergency evacuation slide 

packs for the presence of tie-down straps, 

and, if applicable, removal of the tie-down 

straps. 

Actions and Compliance 

(f) Unless already done: Within 600 flight 

hours after the effective date of this AD, carry 

out a general visual inspection (GVI) of the 

emergency evacuation slide packs installed 

on the forward and rearward doors in 

accordance with the Accomplishment 

Instructions of EMBRAER Service Bulletin 

170–25–0088, dated December 21, 2007; or 

190–25–0062, dated December 21, 2007; as 


sroberts on PROD1PC70 with PROPOSALS
49364 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Proposed Rules 

applicable. If tie-down straps are found, they 

must be cut and removed from the slide pack 

before further flight. 

Note 1: For the purposes of this AD, a 

general visual inspection (GVI) is: ‘‘A visual 

examination of an interior or exterior area, 

installation, or assembly to detect obvious 

damage, failure, or irregularity. This level of 

inspection is made from within touching 

distance unless otherwise specified. A mirror 

may be necessary to ensure visual access to 

all exposed surfaces in the inspection area. 

This level of inspection is made under 

normally available lighting conditions such 

as daylight, hangar lighting, flashlight, or 

droplight and may require removal or 

opening of access panels or doors. Stands, 

ladders, or platforms may be required to gain 

proximity to the area being checked.’’

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: Kenny Kaulia, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2848; 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 FAAapproved 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 2008–01–03 and 2008–01–04, both 

effective March 3, 2008; and EMBRAER 

Service Bulletins 170–25–0088 and 190–25–

0062, both dated December 21, 2007; for 

related information. 

Issued in Renton, Washington, on August 

6, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–19366 Filed 8–20–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0887; Directorate 

Identifier 2007–NM–336–AD] 

RIN 2120–AA64 

Airworthiness Directives; BAE 

Systems (Operations) Limited Model 

BAE 146 and Avro 146–RJ Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. 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: 

During inspection of undercarriage main 

beam sidestays, bolts attaching the 

undercarriage main beam sidestay to frame 

29 were found with the heads of the bolts 

sheared off. Loose bolt assemblies were also 

found. 

If sheared or loose bolts are not detected 

and replaced, a possible consequence is the 

collapse of the main landing gear. 

* * * * * 

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 September 22, 

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, 

Transport Airplane Directorate, FAA, 

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–2008–0887; Directorate Identifier 

2007–NM–336–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 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2007–0277, 

dated November 5, 2007 (referred to 

after this as ‘‘the MCAI’’), to correct an 

unsafe condition for the specified 

products. The MCAI states: 

During inspection of undercarriage main 

beam sidestays, bolts attaching the 

undercarriage main beam sidestay to frame 

29 were found with the heads of the bolts 

sheared off. Loose bolt assemblies were also 

found. 


sroberts on PROD1PC70 with PROPOSALS