7494 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Proposed Rules 

Alternative Methods of Compliance 

(AMOCs) 

(j)(1) The Manager, Seattle Aircraft 

Certification Office, FAA, ATTN: Nick 

Wilson, Aerospace Engineer, Cabin Safety 

and Environmental Systems Branch, ANM–

150S, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

917–6476; fax (425) 917–6590; 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 January 

31, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–2355 Filed 2–7–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–NM–33–AD] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Model EMB–120, –120ER, 

–120FC, –120QC, and –120RT 

Airplanes 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Supplemental notice of 

proposed rulemaking; reopening of 

comment period. 

SUMMARY: This document revises an 

earlier proposed airworthiness directive 

(AD), applicable to all EMBRAER Model 

EMB–120 series airplanes, that would 

have required revising the airplane 

flight manual to include operational 

limitations for use of the autopilot, and 

installing two placards that advise the 

flight crew to check the pitch trim 

before descent. This new action would 

retain the original requirements, but 

with revised placard language. This new 

action would also require modifying the 

elevator trim system, which would 

terminate the requirements of the AD. 

The actions specified by this new 

proposed AD are intended to prevent 

pitch trim upsets if the pitch trim 

actuators jam or freeze, which could 

result in reduced controllability of the 

airplane. This action is intended to 

address the identified unsafe condition. 

DATES: Comments must be received by 

March 4, 2008. 

ADDRESSES: Submit comments in 

triplicate to the Federal Aviation 

Administration (FAA), Transport 

Airplane Directorate, ANM–114, 

Attention: Rules Docket No. 2003–NM–

33–AD, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356. 

Comments may be inspected at this 

location between 9 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. Comments may be submitted 

via fax to (425) 227–1232. Comments 

may also be sent via the Internet using 

the following address: 9-anmnprmcomment@faa.gov. Comments sent 

via fax or the Internet must contain 

‘‘Docket No. 2003–NM–33–AD’’ in the 

subject line and need not be submitted 

in triplicate. Comments sent via the 

Internet as attached electronic files must 

be formatted in Microsoft Word 97 or 

2000 or ASCII text. 

The service information referenced in 

the proposed rule may be obtained from 

Empresa Brasileira de Aeronautica S.A. 

(EMBRAER), P.O. Box 343—CEP 12.225, 

Sao Jose dos Campos—SP, Brazil. This 

information may be examined at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue, SW., Renton, 

Washington. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Branch, ANM–116, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2125; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

participate in the making of the 

proposed rule by submitting such 

written data, views, or arguments as 

they may desire. Communications shall 

identify the Rules Docket number and 

be submitted in triplicate to the address 

specified above. All communications 

received on or before the closing date 

for comments, specified above, will be 

considered before taking action on the 

proposed rule. The proposals contained 

in this action may be changed in light 

of the comments received. 

Submit comments using the following 

format: 

• Organize comments issue-by-issue. 

For example, discuss a request to 

change the compliance time and a 

request to change the service bulletin 

reference as two separate issues. 

• For each issue, state what specific 

change to the proposed AD is being 

requested. 

• Include justification (e.g., reasons or 

data) for each request. 

Comments are specifically invited on 

the overall regulatory, economic, 

environmental, and energy aspects of 

the proposed rule. All comments 

submitted will be available, both before 

and after the closing date for comments, 

in the Rules Docket for examination by 

interested persons. A report 

summarizing each FAA-public contact 

concerned with the substance of this 

proposal will be filed in the Rules 

Docket. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

submitted in response to this action 

must submit a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket Number 2003–NM–33–AD.’’ The 

postcard will be date stamped and 

returned to the commenter. 

Availability of NPRMs 

Any person may obtain a copy of this 

NPRM by submitting a request to the 

FAA, Transport Airplane Directorate, 

ANM–114, Attention: Rules Docket No. 

2003–NM–33–AD, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356. 

Discussion 

A proposal to amend part 39 of the 

Federal Aviation Regulations (14 CFR 

part 39) to add an airworthiness 

directive (AD), applicable to all 

EMBRAER Model EMB–120 series 

airplanes, was published as a notice of 

proposed rulemaking (NPRM) in the 

Federal Register on April 1, 2003 (68 FR 

15684). That NPRM would have 

required revising the airplane flight 

manual to include operational 

limitations for use of the autopilot, and 

installing two placards that advise the 

flight crew to check the pitch trim 

before descent. That NPRM was 

prompted by pitch trim upsets during 

the autopilot-coupled descent phase of 

flight, which have been attributed to 

jammed or frozen pitch trim actuators. 

That condition, if not corrected, could 

result in reduced controllability of the 

airplane. 

New Relevant Service Information 

The original NPRM cited EMBRAER 

Service Bulletin 120–25–0262, dated 

October 15, 2001, and Change 01, dated 

September 3, 2002, as the appropriate 

sources of service information for 

installing the placards. Since we issued 

the original NPRM, EMBRAER revised 

the service bulletin. Change 02, dated 

October 30, 2003, recommends revised 


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Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Proposed Rules 7495 

placard language that clarifies that the 

pitch trim system is to be checked only 

before the initial descent. 

EMBRAER has issued Service 

Bulletins 120–27–0095 and 120–27–

0096, both dated February 16, 2007, 

which describe procedures for 

modifying the elevator trim system. 

Service Bulletin 120–27–0095 describes 

procedures for replacing the elevator 

trim tab actuators with new ones that 

have been developed using corrosionresistant internal materials and other 

improvements, including a damper 

coupled to one of the two actuators. 

Service Bulletin 120–27–0096 describes 

procedures for replacing some segments 

of the elevator trim tab control cables. 

The replacement segments have a 

different diameter, and have been 

developed to contribute to the new 

actuator dampening function specified 

in Service Bulletin 120–27–0095. 

Accomplishing the actions specified 

in the service information is intended to 

adequately address the unsafe 

condition. The Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC), which is the 

airworthiness authority for Brazil, 

mandated the service information and 

issued Brazilian airworthiness directive 

2001–06–01R4, effective August 23, 

2007, to ensure the continued 

airworthiness of these airplanes in 

Brazil. 

Comments 

Due consideration has been given to 

the comments received in response to 

the original NPRM. 

Support for Original NPRM 

SkyWest Airlines concurs with the 

proposed requirement to revise the 

Limitations section of the Collins APS–

65B Autopilot AFM Supplement. The 

Air Line Pilots Association (ALPA) 

concurs (conditionally, based on its 

comments as discussed below) with the 

proposed actions. 

Request for Appropriate Solution for 

Mechanical Problem 

ALPA asserts that the original NPRM 

would implement an operational fix to 

address a mechanical problem, and 

requests that we revise the original 

NPRM to adequately correct the unsafe 

condition. ALPA notes that the original 

NPRM addresses pitch trim actuators 

that freeze in position when moisture 

accumulates at colder temperatures. 

ALPA requests that the FAA and 

EMBRAER identify the extent of water 

intrusion in this area and look into a 

mechanical means to preclude the 

actuators from jamming. ALPA also 

notes that the original NPRM does not 

identify the cause of the jammed pitch 

trim actuators. ALPA explains that pitch 

trim actuators have become 

mechanically jammed on other 

EMBRAER aircraft due to insufficient 

power available from the actuator. If the 

cause of the jamming can be 

mechanical, ALPA requests that the 

FAA and the manufacturer identify a 

means to preclude such a failure. 

We agree. In this supplemental 

NPRM, we consider the AFM revisions 

and placards to be interim solutions, 

and propose to also mandate the 

modifications described in Service 

Bulletins 120–27–0095 and 120–27–

0096, which would terminate the 

proposed requirements to revise the 

AFM and install the placards. 

Assertion Regarding Jamming 

Conditions 

The commenter, Thomas Kuhlman, 

states that the original NPRM apparently 

assumes that all or most of the jamming 

occurs during cruise flight. Mr. 

Kuhlman instead asserts, based on the 

supportive data that accompany his 

comment, that the pitch trim actuator 

jamming can and does occur when 

moisture is present in freezing 

conditions. 

Although Mr. Kuhlman makes no 

specific request regarding the original 

NPRM’s proposed requirements, we 

agree with his rationale. When actuator 

internal frictions are within their 

normal specified ranges, the system can 

manage normal envelope load increases 

attributed to events such as speed 

variations and cold soak environment 

icing, so a jam attributable solely to a 

cold soak environment is unlikely. If 

contamination is gradually occurring 

inside the actuators, the proposed 

manual checks of the pitch trim systems 

on initial descent on every flight will 

inform the flight crew of degraded 

system performance, and affected 

actuators would then be removed before 

they reach a condition that could lead 

to a complete jam. In any event, as 

stated previously, we have revised this 

supplemental NPRM to require 

modifications that will adequately 

address the commenter’s concerns. 

Request To Allow Autopilot ReEngagement Under Certain Conditions 

SkyWest concurs with the proposed 

requirement in the original NPRM to 

revise the elevator trim jamming 

procedure specified in the flight 

controls failure paragraph of the AFM 

abnormal procedures section, but 

requests that we allow the flight crew to 

re-engage the autopilot once pitch trim 

is recovered. The commenter asserts 

that SkyWest’s experience suggests that, 

once normal elevator trim operation was 

restored, continued use of the autopilot 

did not result in any abnormal 

operation. 

We disagree. When free pitch trim is 

restored after jamming, the appropriate 

approach is to continue the flight 

manually without the autopilot and 

report the issue to maintenance, rather 

than re-engaging the autopilot, so the 

cause of the jam can be evaluated and 

corrected before further use of the 

autopilot. We have not changed the 

supplemental NPRM regarding this 

issue. 

Request To Revise AFM Normal 

Procedures 

SkyWest reports that its EMB–120 

SOP already includes an advisory to 

check the pitch trim before initiating a 

descent if trim jamming is suspected. 

The commenter requests that we revise 

the original NPRM to include these 

revised procedures in the descent 

checklist in the AFM’s normal 

procedures section. 

We acknowledge that conducting 

such checks whenever a trim system 

jam is suspected is a reasonable 

practice. But conducting such manual 

checks of the pitch trim system at every 

flight before initial descent on autopilot 

is a more effective approach because it 

will detect jamming before it is 

suspected. We have not changed the 

supplemental NPRM regarding this 

issue. 

Request To Revise Placard Language 

SkyWest asserts that the placard 

language proposed in the original 

NPRM, which specifies a check before 

any (all) descents, will compromise the 

safe operation of Model EMB–120 

airplanes. The commenter reports that it 

is not unusual to level off at 

intermediate altitudes four to eight 

times during descent from cruise 

altitude and approach, depending on 

cruise altitude, terminal area 

requirements, and type of approach. As 

a result, the proposed limitation would 

require the pilot to disconnect the 

autopilot during flight an equal number 

of times, including just before ILS glide 

slope intercept. The commenter requests 

that we change the proposed placard 

language to the following: ‘‘Perform 

pitch trim system check prior to initial 

descent and anytime elevator trim 

jamming is suspected.’’ According to the 

commenter, limiting the checks in this 

way would ensure that the check is 

completed at least once per flight 

(consistent with EMBRAER’s 

recommendations from the 2002 World 

Wide Operators Conference), but 

mandating a check before every descent 

would create a distraction, 


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7496 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Proposed Rules 

unnecessarily increase pilot workload, 

and compromise safety. 

We partially agree. EMBRAER has 

revised the placard language to require 

trim system checks only before initial 

descent. Manually checking the system 

when jamming is suspected would be a 

natural reaction, so it is not necessary to 

add the extra requested words to the 

placard. We have revised paragraph (c) 

in this supplemental NPRM to mandate 

Change 02 of the service bulletin. 

Request To Remove Placard 

Requirement: Potential Pilot Distraction 

The commenter, Thomas Kuhlman, 

feels that the proposed requirement to 

test the trim system before every descent 

could result in little effect, or even 

decreased safety due to pilot distraction, 

during arrival procedures with multiple 

descents. He also notes that most 

precision approaches have a level flight 

segment just before glide slope 

intercept. The AD as proposed would 

require an elevator trim test at the 

critical glide slope intercept. 

We infer the commenter wants us to 

remove the proposed requirement to 

install the placards. We partially agree. 

We agree with the manufacturer’s 

recommendation to check the system 

manually before initial descent only. As 

we stated previously, the placard 

language has been revised in Change 02 

of Service Bulletin 120–25–0262, and in 

corresponding paragraph (c) of this 

supplemental NPRM, to clarify that 

such checks are necessary only before 

the initial descent of every flight. 

Limiting the number of checks in this 

way would maintain the safety of the 

fleet and still address the commenter’s 

concern about potential pilot distraction 

during critical phases of flight. 

Request To Remove Placard 

Requirement: Inadequate Solution 

The commenter, SkyWest Airlines, 

states that merely installing the placards 

as proposed in the original NPRM 

would not adequately address the 

problem of elevator trim jamming. The 

commenter notes that this procedure 

would be inconsistent with its findings: 

In the 18 months before the original 

NPRM was issued, there were ten 

incidents involving elevator trim 

jamming; of these, four occurred in the 

descent phase of flight, four occurred in 

the cruise phase of flight, and two 

occurred during climb to cruise altitude. 

The commenter concludes that advising 

the flight crew to perform a pitch trim 

check only during descent will not 

prevent problems associated with pitch 

upset. 

We infer that the commenter wants us 

to require revised procedures during 

other phases of flight. We partially 

agree. We agree that the pitch trim can 

jam during any phase of flight. But 

while the data provided by SkyWest 

might reflect results for SkyWest, the 

fleet data suggest that most of the 

reported events occurred during the 

descent phase or during transition from 

cruise to descent. The possibility that a 

pitch trim jam can occur during any 

flight phase does not render the 

proposed approach ineffective. The 

multiple system checks will assist in 

reducing the possibility of a pitch 

oscillation event due to actuator 

performance degradation. Since the 

comment was submitted, we revised 

this supplemental NPRM to add the 

modifications of the elevator trim 

system, which will address the 

identified unsafe condition and 

eliminate the need for the placards. 

Explanation of Additional Changes to 

Original NPRM 

We have revised the applicability 

identified in the original NPRM to 

identify model designations as 

published in the most recent type 

certificate data sheet for the affected 

models. 

To correspond with the ANAC AD, 

we have revised paragraph (b) of this 

supplemental NPRM to specify that the 

revised AFM language in that paragraph 

also be included in the Normal 

Procedures section (in addition to the 

Limitations section) of the autopilot 

system supplement. 

Conclusion 

Since certain changes described above 

expand the scope of the originally 

proposed rule, the FAA has determined 

that it is necessary to reopen the 

comment period to provide additional 

opportunity for public comment. 

Cost Impact 

The following table provides the 

estimated costs for U.S. operators to 

comply with this supplemental NPRM. 

ESTIMATED COSTS

Action Work hours 

Average 

labor rate 

per hour 

Parts Cost per 

product 

Number of 

U.S.- 

registered 

airplanes 

Fleet cost 

AFM revisions ...................................................... 1 $80 $0 $80 103 $8,240 

Placard installation ............................................... 2 80 182 342 103 35,226 

Actuator replacement ........................................... 7 80 16,670 17,230 103 1,774,690 

Cable replacement ............................................... 14 80 1,050 2,170 103 223,510 

The cost impact figures discussed 

above are based on assumptions that no 

operator has yet accomplished any of 

the proposed requirements of this AD 

action, and that no operator would 

accomplish those actions in the future if 

this proposed AD were not adopted. The 

cost impact figures discussed in AD 

rulemaking actions represent only the 

time necessary to perform the specific 

actions actually required by the AD. 

These figures typically do not include 

incidental costs, such as the time 

required to gain access and close up, 

planning time, or time necessitated by 

other administrative actions. 

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. 


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Regulatory Impact 

The regulations proposed herein 

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. Therefore, 

it is determined that this proposal 

would not have federalism implications 

under Executive Order 13132. 

For the reasons discussed above, I 

certify that 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) if 

promulgated, 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. A copy of the draft 

regulatory evaluation prepared for this 

action is contained in the Rules Docket. 

A copy of it may be obtained by 

contacting the Rules Docket at the 

location provided under the caption 

ADDRESSES. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Safety. 

The Proposed Amendment 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the Federal Aviation 

Administration proposes to amend part 

39 of the Federal Aviation Regulations 

(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. Section 39.13 is amended by 

adding the following new airworthiness 

directive: 

Empresa Brasileira De Aeronautica S.A. 

(Embraer): Docket 2003–NM–33–AD. 

Applicability: All Model EMB–120, 

–120ER, –120FC, –120QC, and –120RT 

airplanes, certificated in any category. 

Compliance: Required as indicated, unless 

accomplished previously. 

To prevent pitch trim upsets if the pitch 

trim actuators jam or freeze, which could 

result in reduced controllability of the 

airplane, accomplish the following: 

Revision of Airplane Flight Manual (AFM): 

AFM–120/794 

(a) Within 100 flight hours after the 

effective date of this AD, revise the FAAapproved AFM, EMBRAER AFM–120/794, as 

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

this AD. These actions may be accomplished 

by inserting a copy of this AD into the AFM. 

(1) Revise the FLIGHT CONTROLS 

FAILURES paragraph of the Abnormal 

Procedures section by replacing the existing 

ELEVATOR TRIM JAMMING procedure with 

the following: 

‘‘ELEVATOR TRIM JAMMING

Control Wheel ......................................................................................................................................................................... Hold Firmly. 

Autopilot ................................................................................................................................................................................. Disengage. 

Airspeed .................................................................................................................................................................................. Reduce. 

NOTE: Minimum airspeed with flap 0 °—160 KIAS 

Pitch trim command ............................................................................................................................................................... Check all switches 

and elevator trim 

wheel. 

If pitch trim is recovered: 

Re-trim the airplane and continue the flight with the autopilot disengaged, not exceeding the airspeed when the trim was recovered. 

If pitch trim is not recovered: 

Land at the nearest suitable airport. 

Approach and landing configuration: 

Landing gear .................................................................................................................................................................... Down. 

Flaps ................................................................................................................................................................................. 25. 

Airspeed ........................................................................................................................................................................... Vref25. 

CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT.’’

(2) Revise the Normal Procedures section of the AFM, after the current checklist item for activating the FASTEN BELTS switch, by inserting the following: 

‘‘PITCH TRIM SYSTEM CHECK

Control Wheel ......................................................................................................................................................................... Hold firmly. 

Autopilot ................................................................................................................................................................................. Disengage. 

Power Levers ........................................................................................................................................................................... As required. 

Elevator Trim Wheels ............................................................................................................................................................. As required. 

CAUTION: MANUALLY SET THE ELEVATOR TRIM WHEELS TO THE REQUIRED DESCENT ATTITUDE. 

If any trim system binding (if trim wheel rotates more than one trim wheel index mark after being released), or abnormal trim operation is 

observed: 

Elevator Trim Jamming Procedure ................................................................................................................................. Perform. 

CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT. 

If no abnormal trim operation is observed: 

Flight Director Vertical Mode ......................................................................................................................................... As required. 

Autopilot .......................................................................................................................................................................... Reengage.’’

AFM Revision: Collins APS–65B Autopilot 

AFM Supplement 

(b) Concurrently with the AFM revisions 

required by paragraph (a) of this AD, revise 

the Limitations section of the Collins APS–

65B Autopilot System Supplement to include 

the following (this may be accomplished by 

inserting a copy of this AD into the AFM 

Supplement): 

‘‘(1) The autopilot must not be used during descent unless a trim check has been performed successfully prior to descent, as follows: 

PITCH TRIM SYSTEM CHECK

Control Wheel ......................................................................................................................................................................... Hold firmly. 


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Autopilot ................................................................................................................................................................................. Disengage. 

Power Levers ........................................................................................................................................................................... As required. 

Elevator Trim Wheels ............................................................................................................................................................. As required. 

CAUTION: MANUALLY SET THE ELEVATOR TRIM WHEELS TO THE REQUIRED DESCENT ATTITUDE. 

If any trim system binding (if trim wheel rotates more than one trim wheel index mark after being released), or abnormal trim operation is 

observed: 

Elevator Trim Jamming Procedure ................................................................................................................................. Perform. 

CAUTION: DO NOT TRY TO RE-ENGAGE THE AUTOPILOT. 

If no abnormal trim operation is observed: 

Flight Director Vertical Mode ......................................................................................................................................... As required. 

Autopilot .......................................................................................................................................................................... Reengage. 

‘‘(2) If an elevator trim jamming is detected during flight and the pitch trim system resumes normal operation on ground, only a ferry 

flight using a special permit may be performed to return the aircraft to a maintenance base for replacement of the actuators. In this case, 

the use of autopilot is prohibited.’’

Placard Installation 

(c) Within 300 flight hours after the 

effective date of this AD, install two placards 

on the glareshield, advising the flight crew to 

check the pitch trim before initial descent, in 

accordance with Part II of the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 120–25–0262, Change 02, 

dated October 30, 2003. 

Elevator Trim System Modification 

(d) Within 36 months after the effective 

date of this AD, modify the elevator trim 

system, in accordance with the 

Accomplishment Instructions of EMBRAER 

Service Bulletin 120–27–0095 and 120–27–

0096, both dated February 16, 2007. 

Accomplishment of the modification 

terminates the requirements of paragraphs 

(a), (b), and (c) of this AD, and the 

corresponding AFM revisions and placards 

may be removed. 

Parts Installation 

(e) As of 36 months after the effective date 

of this AD, no person may install, on any 

airplane, an elevator trim tab actuator or 

control cable having a part number identified 

in Table 1 of this AD. 

TABLE 1.—PROHIBITED PARTS

Part Part No. 

Elevator trim tab actuator .. 120–19685–001 

120–19685–003 

120–19685–007 

120–38650–001 

120–39205–001 

5299 

5299–1 

Control cable ...................... 120–27729–095 

120–27729–097 

120–31370–095 

120–31370–097 

Alternative Methods of Compliance 

(f)(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. 

Note 1: The subject of this AD is addressed 

in Brazilian airworthiness directive 2001–06–

01R4, effective August 23, 2007. 

Issued in Renton, Washington, on February 

1, 2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–2356 Filed 2–7–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 880 

[Docket No. 2007N–0484] 

Devices: General Hospital and 

Personal Use Devices; Reclassification 

of Medical Device Data System 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Proposed rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is proposing to 

reclassify, on its own initiative, the 

Medical Device Data System (MDDS) 

from class III (premarket approval) to 

class I (general controls). This action 

does not include medical device data 

systems with new diagnostic or alarm 

functions. FDA is also proposing that 

the MDDS be exempt from the 

premarket notification requirements 

when it is indicated for use only by a 

healthcare professional and does not 

perform irreversible data compression. 

DATES: Submit written or electronic 

comments on the proposed rule by May 

8, 2008. Submit comments regarding 

information collection by March 10, 

2008, to the Office of Management and 

Budget (OMB) (see ADDRESSES). FDA 

proposes that any final regulation based 

on this proposal become effective 60 

days after its date of publication in the 

Federal Register. See section VIII of the 

SUPPLEMENTARY INFORMATION section of 

the preamble for further information 

about the effective date. 

ADDRESSES: You may submit comments, 

identified by Docket No. 2007N–0484, 

by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

followings ways: 

• FAX: 301–827–6870. 

• Mail/Hand delivery/Courier (For 

paper, disk, or CD-ROM submissions): 

Division of Dockets Management (HFA–

305), Food and Drug Administration, 

5630 Fishers Lane, rm. 1061, Rockville, 

MD 20852. 

To ensure more timely processing of 

comments, FDA is no longer accepting 

comments submitted to the agency by email. FDA encourages you to continue 

to submit electronic comments by using 

the Federal eRulemaking Portal or the 

agency Web site, as described 

previously, in the ADDRESSES portion of 

this document under Electronic 

Submissions. 

Instructions: All submissions received 

must include the agency name and 

Docket No.(s) and Regulatory 

Information Number (RIN) (if a RIN 

number has been assigned) for this 

rulemaking. All comments received may 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and insert the 

docket number(s), found in brackets in 

the heading of this document, into the 


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