[Federal Register: August 28, 2008 (Volume 73, Number 168)]
[Rules and Regulations]               
[Page 50711-50714]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au08-5]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27785; Directorate Identifier 2006-NM-267-AD; 
Amendment 39-15649; AD 2008-17-11]
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.

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[[Page 50712]]

SUMMARY: We are adopting a new airworthiness directive (AD) for the 
products listed above. This 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:

    It has been found that some ``caution'' messages issued by the 
Flight Guidance Control System (FGCS) are not displayed on aircraft 
equipped with [certain] EPIC software load[s] * * *. Therefore, 
following a possible failure on one FGCS channel during a given 
flight, such a failure condition will remain undetected * * *. If 
another failure occurs on the second FGCS channel, the result may be 
a hardover command by the autopilot.

    An unexpected hardover command may cause a sudden roll, pitch, or 
yaw movement, which could result in reduced controllability of the 
airplane. We are issuing this AD to require actions to correct the 
unsafe condition on these products.

DATES: This AD becomes effective October 2, 2008.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 2, 
2008.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.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: 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:

Discussion

    We issued a supplemental notice of proposed rulemaking (NPRM) to 
amend 14 CFR part 39 to include an AD that would apply to the specified 
products. That supplemental NPRM was published in the Federal Register 
on April 11, 2008 (73 FR 19770). That supplemental NPRM proposed to 
correct an unsafe condition for the specified products. The mandatory 
continuing airworthiness information (MCAI) for Model ERJ 170 airplanes 
states:

    It has been found that some ``caution'' messages issued by the 
Flight Guidance Control System (FGCS) are not displayed on aircraft 
equipped with EPIC software load versions 17.3, 17.4, 17.5, 17.6, or 
17.7. Therefore, following a possible failure on one FGCS channel 
during a given flight, such a failure condition will remain 
undetected or latent in subsequent flights. If another failure 
occurs on the second FGCS channel, the result may be a hardover 
command by the autopilot.

    The MCAI for Model ERJ 190 airplanes states:

    It has been found that some ``caution'' messages issued by the 
Flight Guidance Control System (FGCS) are not displayed on aircraft 
equipped with EPIC software load versions 4.3, 4.4, 4.5, 4.6, or 
4.7. Therefore, following a possible failure on one FGCS channel 
during a given flight, such a failure condition will remain 
undetected or latent in subsequent flights. If another failure 
occurs on the second FGCS channel, the result may be a hardover 
command by the autopilot.

    An unexpected hardover command may cause a sudden roll, pitch, or 
yaw movement, which could result in reduced controllability of the 
airplane. Corrective actions include a functional check of the FGCS 
channels engagement, installation of an upgrade to the Primus EPIC 
Field-Loadable Software, and replacement of the actuator input-output 
processor if necessary. You may obtain further information by examining 
the MCAI in the AD docket.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comments received.

Request To Extend Compliance Time

    EMBRAER and Air Transport Association (ATA), on behalf of one of 
its members, US Airways, request that we extend the compliance time for 
installing Primus EPIC Field-Loadable Software Version 19.3 or higher 
specified in paragraph (f)(2) of the supplemental NPRM from ``within 8 
months after the effective date'' to a specific later date. ATA 
requests the compliance time be extended until April 2009; EMBRAER 
suggests ``no later than April 30, 2009.'' US Airways states that a 
future upgrade, EPIC 21.4, is expected in August 2008. US Airways also 
states that airlines would prefer to wait to install EPIC 21.4 due to 
problems with EPIC Loads 19.3 and 19.4. EMBRAER states that the Agencia 
Nacional de Aviacao Civil (ANAC) will issue new revisions to Brazilian 
Airworthiness Directives 2006-11-02 and 2006-11-03 to extend the 
compliance time to April 30, 2009, for installation of EPIC Load 19.3 
or 19.4.
    We agree to revise the compliance time. ANAC has issued Brazilian 
Airworthiness Directives 2006-11-02R3 and 2006-11-03R3, both effective 
June 13, 2008, which revise the compliance time of the previous 
airworthiness directives. The latest Brazilian airworthiness directives 
specify a compliance time of no later than April 30, 2009, to install 
the software. Based on the nature of the software issues and potential 
for certain caution messages to not be displayed in the event of 
certain other failures, we have determined that a two-month extension 
of the compliance time will not have a significant effect on the 
overall safety risk. We have revised the compliance time for installing 
the software specified in paragraph (f)(2) of this AD to ``within 10 
months after the effective date of the AD.'' The 10-month compliance 
time is based on the calendar date specified in the Brazilian 
airworthiness directives and approximates the elapsed time between the 
issuance of this AD and April 30, 2009.

Conclusion

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

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 required different actions in this AD from those 
in the MCAI in order to follow our FAA policies. Any such differences 
are highlighted in a NOTE within the AD.

Costs of Compliance

    We estimate that this AD will affect 98 products of U.S. registry. 
We also estimate that it will take about 2 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $80 per work-hour. Based on these figures, we estimate the cost of 
this AD to the U.S. operators to be $15,680, or $160 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue

[[Page 50713]]

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 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 this AD:
    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 AD and placed it in the AD docket.

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 the NPRM, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator, 
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2008-17-11 Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-15649. Docket No. FAA-2007-27785; Directorate 
Identifier 2006-NM-267-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective October 
2, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to EMBRAER Model ERJ 170-100 LR, -100 STD, -
100 SE, -100 SU, -200 LR, -200 STD, and -200 SU airplanes, 
certificated in any category, equipped with Primus EPIC software 
load version 17.3, 17.4, 17.5, 17.6, or 17.7; and Model ERJ 190-100 
STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes, 
certificated in any category, equipped with Primus EPIC software 
load version 4.3, 4.4, 4.5, 4.6, or 4.7.

Subject

    (d) Air Transport Association (ATA) of America Code 22: Auto 
Flight.

Reason

    (e) The mandatory continuing airworthiness information (MCAI) 
for Model ERJ 170 airplanes states:

    It has been found that some ``caution'' messages issued by the 
Flight Guidance Control System (FGCS) are not displayed on aircraft 
equipped with EPIC software load versions 17.3, 17.4, 17.5, 17.6, or 
17.7. Therefore, following a possible failure on one FGCS channel 
during a given flight, such a failure condition will remain 
undetected or latent in subsequent flights. If another failure 
occurs on the second FGCS channel, the result may be a hardover 
command by the autopilot.

    The MCAI for Model ERJ 190 airplanes states:

    It has been found that some ``caution'' messages issued by the 
Flight Guidance Control System (FGCS) are not displayed on aircraft 
equipped with EPIC software load versions 4.3, 4.4, 4.5, 4.6, or 
4.7. Therefore, following a possible failure on one FGCS channel 
during a given flight, such a failure condition will remain 
undetected or latent in subsequent flights. If another failure 
occurs on the second FGCS channel, the result may be a hardover 
command by the autopilot.

    An unexpected hardover command may cause a sudden roll, pitch, 
or yaw movement, which could result in reduced controllability of 
the airplane. Corrective actions include a functional check of the 
FGCS channels engagement, installation of an upgrade to the Primus 
EPIC Field-Loadable Software, and replacement of the actuator input-
output processor if necessary.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 300 flight hours after the effective date of this AD, 
do a functional check of the FGCS channels engagement, in accordance 
with EMBRAER Service Bulletin 170-22-0003 or Service Bulletin 190-
22-0002, both Revision 01, both dated November 5, 2007, as 
applicable. Repeat the functional check thereafter at intervals not 
to exceed 600 flight hours, until the terminating action described 
by paragraph (f)(2) of this AD has been done. If any malfunction of 
the FGCS is discovered during any functional check required by this 
paragraph, before further flight, do all applicable replacements of 
the actuator input-output processor in accordance with the 
applicable service bulletin.

    Note 1: For the purpose of this AD, a functional check is: ``A 
quantitative check to determine if one or more functions of an item 
perform within specified limits.''

    (2) Within 10 months after the effective date of this AD, 
install Primus EPIC Field-Loadable Software Version 19.3 or higher, 
in accordance with EMBRAER Service Bulletin 170-31-0019, Revision 
01, dated June 25, 2007; or Service Bulletin 190-31-0009, Revision 
02, dated June 29, 2007; as applicable. Doing this installation ends 
the repetitive functional checks required by paragraph (f)(1) of 
this AD.
    (3) Any functional check done before the effective date of this 
AD in accordance with EMBRAER Service Bulletin 170-22-0003 or 190-
22-0002, both dated November 9, 2006, as applicable, is considered 
acceptable for compliance with the requirements of paragraph (f)(1) 
of this AD.

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: 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. 
Before using any approved AMOC on any airplane to

[[Page 50714]]

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 MCAI Brazilian Airworthiness Directives 2006-11-
02R3 and 2006-11-03R3, both effective June 13, 2008; EMBRAER Service 
Bulletins 170-22-0003 and 190-22-0002, both Revision 01, both dated 
November 5, 2007; EMBRAER Service Bulletin 170-31-0019, Revision 01, 
dated June 25, 2007; and EMBRAER Service Bulletin 190-31-0009, 
Revision 02, dated June 29, 2007; for related information.

Material Incorporated by Reference

    (i) You must use the applicable service information specified in 
Table 1 of this AD to do the actions required by this AD, unless the 
AD specifies otherwise.
    (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 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP 
12.225, Sao Jose dos Campos--SP, Brazil.
    (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/ibr-
locations.html.

               Table 1--Material Incorporated by Reference
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   EMBRAER Service Bulletin--     Revision--            Dated--
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170-22-0003....................           01  November 5, 2007.
170-31-0019....................           01  June 25, 2007.
190-22-0002....................           01  November 5, 2007.
190-31-0009....................           02  June 29, 2007.
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    Issued in Renton, Washington, on August 6, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. E8-19143 Filed 8-27-08; 8:45 am]

BILLING CODE 4910-13-P