Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 6631 

type design, CAA (Civil Aviation Authority) 

Netherlands issued AD NL–2006–011 to 

require inspection of the Piccolo Tubes and 

the surrounding structure to establish correct 

installation, as well as the replacement of the 

460-series Peri-seals by the improved 600- 

series, which have a higher temperature 

limit. 

Since the issuance of that AD, Fokker has 

developed a modification, published as 

Component Service Bulletin (CSB) D14000–

57–007, for spare wing leading edge sections 

that may still contain the 460-series Periseals. For that reason, this EASA AD retains 

the requirements of AD NL–2006–011 and 

adds a limit for the allowed use of 

unmodified wing leading edge section as 

replacement part. 

The corrective actions include inspection of 

the piccolo tubes and the wing leading edge 

for damage and replacement of the Peri-seals 

or repair of damage, as applicable. 

Actions and Compliance 

(f) Unless already done, do the following 

actions. 

(1) Within 4,000 flight hours or 12 months 

after the effective date of this AD, whichever 

occurs first, do the actions in paragraphs 

(f)(1)(i) and (f)(1)(ii) of this AD in accordance 

with the Accomplishment Instructions of 

Fokker Service Bulletin SBF100–30–028, 

Revision 1, dated April 17, 2007. 

(i) Inspect for damage of the piccolo tubes 

and the wing leading edge on the outside and 

on the inside at the access panels. If any 

damage is found that is beyond the limits 

specified in the service bulletin, repair before 

further flight. 

(ii) Replace the 460-series Peri-seals in the 

riblets with improved 600-series Peri-seals. 

(2) As of 12 months after the effective date 

of this AD, no person may install on any 

airplane a spare wing leading edge section 

unless the leading edge section has been 

modified in accordance with Fokker 

Component Service Bulletin D14000–57–007, 

dated April 17, 2007. 

(3) Actions done before the effective date 

of this AD in accordance with Fokker Service 

Bulletin SBF100–30–028, dated May 18, 

2006, are considered acceptable for 

compliance with the actions required by 

paragraph (f)(1) of this AD. 

FAA AD Differences 

Note: 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: Tom Rodriguez, 

Aerospace Engineer, International Branch, 

ANM–116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–1137; 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 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, 

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 European Aviation Safety 

Agency (EASA) Airworthiness Directive 

2007–0229, dated August 15, 2007, Fokker 

Service Bulletin SBF100–30–028, Revision 1, 

dated April 17, 2007, and Fokker Component 

Service Bulletin D14000–57–007, dated April 

17, 2007, for related information. 

Issued in Renton, Washington, on January 

24, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–1991 Filed 2–4–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0119; Directorate 

Identifier 2007–NM–304–AD] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that 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. The existing 

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 

proposed AD would add additional 

airplanes to the applicability and would 

require the AFM revision for those 

additional airplanes. For certain 

airplanes, this proposed AD would also 

require installing new, improved fullauthority digital engine-control 

(FADEC) software. This proposed AD 

results from a report that, during 

landing, the thrust reverser may not restow completely if the throttle lever is 

moved into the forward thrust range 

immediately after the thrust reverser is 

applied. We are proposing 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: We must receive comments on 

this proposed AD by March 6, 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 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

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 proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket 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: 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: 


rmajette on PROD1PC64 with PROPOSALS
6632 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 

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–2008–0119; Directorate Identifier 

2007–NM–304–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 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 proposed AD. 

Discussion 

On May 22, 2006, we issued AD 

2006–11–15, amendment 39–14619 (71 

FR 30577, May 30, 2006), for all 

Empresa Brasileira de Aeronautica S.A. 

(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 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. That AD resulted 

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 issued that AD to prevent 

the flightcrew from performing a takeoff 

with a partially deployed thrust 

reverser, which could result in reduced 

controllability of the airplane. 

Actions Since Existing AD Was Issued 

The preamble to AD 2006–11–15 

explains that we consider the 

requirements ‘‘interim action’’ and were 

considering further rulemaking. We now 

have determined that further 

rulemaking is indeed necessary, and 

this proposed AD follows from that 

determination. The Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC), which is the 

airworthiness authority for Brazil, has 

determined that new, improved fullauthority digital engine-control 

(FADEC) software must be installed on 

certain airplanes to adequately address 

the unsafe condition. 

Since we issued AD 2006–11–15, we 

have type certificated EMBRAER Model 

ERJ 170–200 LR, –200 STD, and –200 

SU airplanes; and Model ERJ 190–200 

IGW, –200 LR, and –200 STD airplanes 

for operation in the U.S. Therefore, the 

AFM revision required by AD 2006–11–

15 should also apply to those additional 

airplanes. 

Relevant Service Information 

EMBRAER has issued the following 

service bulletins: 

• EMBRAER Service Bulletin 170–

73–0003, Revision 01, dated September 

4, 2006, for Model ERJ 170–100 LR, 

–100 SE, –100 STD, –100 SU, –200 LR, 

–200 STD, and –200 SU airplanes; 

• EMBRAER Service Bulletin 190–

73–0005, dated November 9, 2006, for a 

Model ERJ 190–200 LR airplane; and 

• EMBRAER Service Bulletin 190–

73–0009, Revision 01, dated April 23, 

2007, for Model ERJ 190–100 IGW, –100 

LR, –100 STD, –200 IGW, –200 LR, and 

–200 STD airplanes. 

The service bulletins describe 

procedures for installing new, improved 

FADEC software having a certain 

version or higher. Accomplishing the 

actions specified in the service 

information is intended to adequately 

address the unsafe condition. The 

ANAC mandated the service 

information and issued Brazilian 

airworthiness directive 2006–03–02R1, 

effective February 27, 2007; and 

Brazilian airworthiness directive 2006–

03–03R1, effective November 9, 2007; to 

ensure the continued airworthiness of 

these airplanes in Brazil. 

FAA’s Determination and Requirements 

of the Proposed AD 

These airplanes are manufactured in 

Brazil and are type certificated for 

operation in the United States under the 

provisions of section 21.29 of the 

Federal Aviation Regulations (14 CFR 

21.29) and the applicable bilateral 

airworthiness agreement. Pursuant to 

this bilateral airworthiness agreement, 

the ANAC has kept the FAA informed 

of the situation described above. We 

have examined the ANAC’s findings, 

evaluated all pertinent information, and 

determined that AD action is necessary 

for airplanes of this type design that are 

certificated for operation in the United 

States. 

This proposed AD would supersede 

AD 2006–11–15 and would retain the 

requirements of the existing AD. This 

proposed AD would also add Model ERJ 

170–200 LR, –200 STD, and –200 SU 

airplanes; and Model ERJ 190–200 IGW, 

–200 LR, and –200 STD airplanes to the 

applicability and would require the 

AFM revision for those additional 

airplanes. This proposed AD would also 

require accomplishing the actions 

specified in the service information 

described previously. 

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 proposed AD. 

ESTIMATED COSTS

Action Work hours Parts Cost per 

airplane 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

AFM revision (required by AD 2006–11–

15).

1 None ....................................................... $80 76 $6,080 

AFM revision (new proposed action) ...... 1 None ....................................................... 80 57 4,560 

Software installation (new proposed action).1 The manufacturer states that it will supply the required software to operators 

at no cost.

80 133 10,640 

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, 


rmajette on PROD1PC64 with PROPOSALS
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Proposed Rules 6633 

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 

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 that the 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. 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, 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 Federal Aviation 

Administration (FAA) amends § 39.13 

by removing amendment 39–14619 (71 

FR 30577, May 30, 2006) and adding the 

following new airworthiness directive 

(AD): 

Empresa Brasileira De Aeronautica S.A. 

(EMBRAER): Docket No. FAA–2008–

0119; Directorate Identifier 2007–NM–

304–AD. 

Comments Due Date 

(a) The FAA must receive comments on 

this AD action by March 6, 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 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 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 Airplane Flight Manual (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 

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 fullauthority 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) 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. 

Issued in Renton, Washington, on January 

24, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–1990 Filed 2–4–08; 8:45 am] 

BILLING CODE 4910–13–P 


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