AD 2008-17-11

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.

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.

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.

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.

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

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 Age ncia Nacional de Aviac a o 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.

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.

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.

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.

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.

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.

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.

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

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

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