AFM, and the copy of this AD may be or (h)(3) of this AD, as applicable. Installing any airplane to which the AMOC applies,
removed from the AFM. the applicable software terminates the notify your appropriate principal inspector
applicable AFM revision required by (PI) in the FAA Flight Standards District
New Requirements of This AD paragraph (f) or (g) of this AD. Office (FSDO), or lacking a PI, your local
(1) For Model ERJ 170–100 LR, –100 SE, FSDO.
AFM Revision for New Airplanes
–100 STD, –100 SU, –200 LR, –200 STD, and
(g) For Model ERJ 170–200 LR, –200 STD, –200 SU airplanes identified in EMBRAER Related Information
and –200 SU airplanes; and Model ERJ 190– Service Bulletin 170–73–0003, Revision 01, (j) Brazilian airworthiness directive 2006–
200 IGW, –200 LR, and –200 STD airplanes: dated September 4, 2006: Install engine 03–02R1, effective February 27, 2007; and
Within 14 days after the effective date of this FADEC software version 5.30 or higher in Brazilian airworthiness directive 2006–03–
AD, revise the Limitations section of the accordance with the service bulletin. 03R1, effective November 9, 2007; also
EMBRAER 170/190 AFM to include the (2) For the Model ERJ 190–200 LR airplane address the subject of this AD.
following statement. This may be done by identified in EMBRAER Service Bulletin
inserting a copy of this AD in the AFM. 190–73–0005, dated November 9, 2006: Material Incorporated by Reference
Factory-installation or installation of the Install engine FADEC software version 5.10 (k) You must use the service information
applicable software required by paragraph (h) or higher in accordance with the service listed in Table 1 of this AD to perform the
of this AD terminates the AFM revision bulletin. actions that are required by this AD, as
required by this paragraph. (3) For Model ERJ 190–100 IGW, –100 LR,
applicable, unless the AD specifies
‘‘After applying thrust reverser, do not –100 STD, –200 IGW, –200 LR, and –200 STD
otherwise. The Director of the Federal
move the throttle back to the forward thrust airplanes identified in EMBRAER Service
Register approved the incorporation by
range, unless the REV icon on the EICAS is Bulletin 190–73–0009, Revision 01, dated
April 23, 2007: Install engine FADEC reference of these documents in accordance
shown in amber or green.’’ with 5 U.S.C. 552(a) and 1 CFR part 51.
software version 5.20 or higher in accordance
Note 2: When a statement identical to that with the service bulletin. Contact Empresa Brasileira de Aeronautica
in paragraph (g) of this AD has been included S.A. (EMBRAER), P.O. Box 343–CEP 12.225,
in the general revisions of the AFM, the Alternative Methods of Compliance (AMOCs) Sao Jose dos Campos–SP, Brazil, for a copy
general revisions may be inserted into the (i)(1) The Manager, International Branch, of this service information. You may review
AFM, and the copy of this AD may be ANM–116, Transport Airplane Directorate, copies at the FAA, Transport Airplane
removed from the AFM. FAA, has the authority to approve AMOCs Directorate, 1601 Lind Avenue, SW., Renton,
for this AD, if requested in accordance with Washington; or at the National Archives and
Software Installation the procedures found in 14 CFR 39.19. Records Administration (NARA). For
(h) Within 1,200 flight hours after the (2) To request a different method of information on the availability of this
effective date of this AD, install the full- compliance or a different compliance time material at NARA, call 202–741–6030, or go
authority digital engine-control (FADEC) for this AD, follow the procedures in 14 CFR to: http://www.archives.gov/federal-register/
software specified in paragraph (h)(1), (h)(2), 39.19. Before using any approved AMOC on cfr/ibr-locations.html.
Issued in Renton, Washington, on April 8, SUMMARY: We are adopting a new DATES: This AD becomes effective May
2008. airworthiness directive (AD) for the 27, 2008.
Ali Bahrami, products listed above. This AD results The Director of the Federal Register
Manager, Transport Airplane Directorate, from mandatory continuing approved the incorporation by reference
Aircraft Certification Service. airworthiness information (MCAI) of certain publications listed in this AD
[FR Doc. E8–8255 Filed 4–18–08; 8:45 am] originated by an aviation authority of as of May 27, 2008.
BILLING CODE 4910–13–P another country to identify and correct ADDRESSES: You may examine the AD
an unsafe condition on an aviation docket on the Internet at http://
product. The MCAI describes the unsafe www.regulations.gov or in person at the
DEPARTMENT OF TRANSPORTATION condition as: U.S. Department of Transportation,
Federal Aviation Administration [L]eakage of hot wing anti-icing air from Docket Operations, M–30, West
the Peri-seal housing. This results in an Building Ground Floor, Room W12–140,
14 CFR Part 39 uncontrolled flow of high-pressure hot air to 1200 New Jersey Avenue, SE.,
enter the forward (anti-icing) plenum Washington, DC.
[Docket No. FAA–2008–0117; Directorate chamber of the wing leading edge, potentially FOR FURTHER INFORMATION CONTACT: Tom
Identifier 2007–NM–273–AD; Amendment damaging the anti-icing barrier webs. Rodriguez, Aerospace Engineer,
39–15472; AD 2008–08–18] Subsequently, the wing auxiliary spar can International Branch, ANM–116, FAA,
also be damaged by high-pressure hot air. Transport Airplane Directorate, 1601
RIN 2120–AA64
* * * [D]eterioration of the Peri-seals Lind Avenue, SW., Renton, Washington
Airworthiness Directives; Fokker enables the piccolo tubes to vibrate, resulting 98057–3356; telephone (425) 227–1137;
Model F.28 Mark 0070 and Mark 0100 in a broken piccolo tube. * * * This
fax (425) 227–1149.
Airplanes condition, if not corrected, may cause heat
damage to the front spar that potentially SUPPLEMENTARY INFORMATION:
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21234 Federal Register / Vol. 73, No. 77 / Monday, April 21, 2008 / Rules and Regulations
apply to the specified products. That Differences Between This AD and the the States, on the relationship between
NPRM was published in the Federal MCAI or Service Information the national government and the States,
Register on February 5, 2008 (73 FR We have reviewed the MCAI and or on the distribution of power and
6629). That NPRM proposed to correct related service information and, in responsibilities among the various
an unsafe condition for the specified general, agree with their substance. But levels of government.
products. The MCAI states: we might have found it necessary to use For the reasons discussed above, I
In 1997, Fokker introduced a new type of different words from those in the MCAI certify this AD:
Peri-seal (SBF100–30–022). The old type was to ensure the AD is clear for U.S. 1. Is not a ‘‘significant regulatory
known to be subject to deterioration, which, operators and is enforceable. In making action’’ under Executive Order 12866;
in combination with improper installation, these changes, we do not intend to differ
can cause leakage of hot wing anti-icing air 2. Is not a ‘‘significant rule’’ under the
substantively from the information DOT Regulatory Policies and Procedures
from the Peri-seal housing. This results in an
uncontrolled flow of high-pressure hot air to
provided in the MCAI and related (44 FR 11034, February 26, 1979); and
enter the forward (anti-icing) plenum service information.
3. Will not have a significant
chamber of the wing leading edge, potentially We might also have required different
actions in this AD from those in the economic impact, positive or negative,
damaging the anti-icing barrier webs. on a substantial number of small entities
Subsequently, the wing auxiliary spar can MCAI in order to follow our FAA
also be damaged by high-pressure hot air. policies. Any such differences are under the criteria of the Regulatory
Analysis at the time showed that any highlighted in a NOTE within the AD. Flexibility Act.
resulting damage (known to occur at inboard We prepared a regulatory evaluation
positions only) would not affect the wing Costs of Compliance of the estimated costs to comply with
load capability. For this reason, the We estimate that this AD will affect this AD and placed it in the AD docket.
modification was not classified as about 9 products of U.S. registry. We
MANDATORY and no AD action was Examining the AD Docket
warranted. However, through a recent
also estimate that it will take about 48
occurrence, it was discovered that work-hours per product to comply with You may examine the AD docket on
deterioration of the Peri-seals enables the the basic requirements of this AD. The the Internet at http://
piccolo tubes to vibrate, resulting in a broken average labor rate is $80 per work-hour. www.regulations.gov; or in person at the
piccolo tube. In this case, the location of the Required parts will cost about $3,430 Docket Operations office between 9 a.m.
failure was more outboard than previous per product. Where the service and 5 p.m., Monday through Friday,
occurrences. This condition, if not corrected, information lists required parts costs except Federal holidays. The AD docket
may cause heat damage to the front spar that that are covered under warranty, we contains the NPRM, the regulatory
potentially affects the wing’s load capability. have assumed that there will be no
Since an unsafe condition was identified,
evaluation, any comments received, and
likely to exist or develop on an aircraft of this
charge for these parts. As we do not other information. The street address for
type design, CAA (Civil Aviation Authority) control warranty coverage for affected the Docket Operations office (telephone
Netherlands issued AD NL–2006–011 to parties, some parties may incur costs (800) 647–5527) is in the ADDRESSES
require inspection of the Piccolo Tubes and higher than estimated here. Based on section. Comments will be available in
the surrounding structure to establish correct these figures, we estimate the cost of the AD docket shortly after receipt.
installation, as well as the replacement of the this AD to the U.S. operators to be
460-series Peri-seals by the improved 600- $65,430, or $7,270 per product. List of Subjects in 14 CFR Part 39
series, which have a higher temperature
limit. Authority for This Rulemaking Air transportation, Aircraft, Aviation
Since the issuance of that AD, Fokker has safety, Incorporation by reference,
Title 49 of the United States Code
developed a modification, published as Safety.
specifies the FAA’s authority to issue
Component Service Bulletin (CSB) D14000–
57–007, for spare wing leading edge sections rules on aviation safety. Subtitle I, Adoption of the Amendment
that may still contain the 460-series Peri- section 106, describes the authority of
seals. For that reason, this EASA AD retains the FAA Administrator. ‘‘Subtitle VII: ■ Accordingly, under the authority
the requirements of AD NL–2006–011 and Aviation Programs,’’ describes in more delegated to me by the Administrator,
adds a limit for the allowed use of detail the scope of the Agency’s the FAA amends 14 CFR part 39 as
unmodified wing leading edge section as authority. follows:
replacement part. We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII, PART 39—AIRWORTHINESS
The corrective actions include
Part A, Subpart III, Section 44701: DIRECTIVES
inspection of the piccolo tubes and the
wing leading edge for damage, and General requirements.’’ Under that ■ 1. The authority citation for part 39
replacement of the Peri-seals, or repair section, Congress charges the FAA with continues to read as follows:
of damage, as applicable. You may promoting safe flight of civil aircraft in
air commerce by prescribing regulations Authority: 49 U.S.C. 106(g), 40113, 44701.
obtain further information by examining
the MCAI in the AD docket. for practices, methods, and procedures § 39.13 [Amended]
the Administrator finds necessary for
Comments safety in air commerce. This regulation ■ 2. The FAA amends § 39.13 by adding
We gave the public the opportunity to is within the scope of that authority the following new AD:
participate in developing this AD. We because it addresses an unsafe condition 2008–08–18 Fokker Services B.V.:
received no comments on the NPRM or that is likely to exist or develop on Amendment 39–15472. Docket No.
on the determination of the cost to the products identified in this rulemaking FAA–2008–0117; Directorate Identifier
public. action. 2007–NM–273–AD.
Effective Date
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