AD 2008-16-01

[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Rules and Regulations]
[Pages 44628-44630]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: E8-17422]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0821; Directorate Identifier 2008-NE-20-AD; 
Amendment 39-15619; AD 2008-16-01]
RIN 2120-AA64


Airworthiness Directives; General Electric Co. (GE) CF34-8E 
Series Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for GE 
CF34-8E series turbofan engines with certain part number (P/N) full 
authority digital engine controls (FADECs) installed. This AD requires 
reprogramming the FADEC software from version 8Ev5.40 to an FAA-
approved software version. This AD results from six loss of thrust 
control events from the same software fault scenario. We are issuing 
this AD to prevent loss of thrust control and controllability of the 
airplane.

DATES: This AD becomes effective August 15, 2008.
    We must receive any comments on this AD by September 29, 2008.

ADDRESSES: Use one of the following addresses to comment on this AD:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the instructions for sending your 
comments electronically.
    <bullet> Mail: U.S. Docket Management Facility, Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    <bullet> Fax: (202) 493-2251.
    Contact General Electric Company via Lockheed Martin Technology 
Services, 10525 Chester Road, Suite C, Cincinnati, Ohio 45215; 
telephone (513) 672-8400; fax (513) 672-8422, for the service 
information identified in this AD.

FOR FURTHER INFORMATION CONTACT: Kenneth Steeves, Aerospace Engineer, 
Engine Certification Office, FAA, Engine & Propeller Directorate, 12 
New England Executive Park, Burlington, MA 01803; e-mail: 
<a href="/cdn-cgi/l/email-protection#cba0aea5a5aebfa3e5b8bfaeaebdaeb88badaaaae5aca4bd"><span class="__cf_email__" data-cfemail="b0dbd5deded5c4d89ec3c4d5d5c6d5c3f0d6d1d19ed7dfc6">[email&#160;protected]</span></a>; telephone (781) 238-7765; fax (781) 238-7199.

[[Page 44629]]


SUPPLEMENTARY INFORMATION: We have received reports of six events on 
CF34-8E turbofan engines that resulted in loss of thrust control. On 
March 2, 2008, the No. 1 engine on an ERJ 170 experienced a fluctuation 
of the interstage turbine temperature during decent that resulted in 
changes in thrust. The crew shut down the engine. On May 12, 2008, an 
ERJ 170 was at cruise when the ENG 2 Control Fault posted to the Engine 
Indicating and Crew Alerting System (EICAS) display. The FADEC software 
commanded the number two engine to idle and there was no response to 
throttle movement by the crew. The crew shut down the engine. Four more 
similar events occurred on May 29, June 10, June 14, and July 10, 2008, 
all resulting in loss of thrust control with an ENG 1 or 2 Control 
Fault message posted to the EICAS. Our investigation revealed that all 
events resulted from the same software fault scenario. We attribute the 
fault to FADEC software version 8Ev5.40. This condition, if not 
corrected, could result in loss of thrust control and controllability 
of the airplane.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or 
develop on other GE CF34-8E series turbofan engines of the same type 
design. For that reason, we are issuing this AD to prevent loss of 
thrust control and controllability of the airplane.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate 
adoption of this AD, we have found that notice and opportunity for 
public comment before issuing this AD are impracticable, and that good 
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment; however, we invite you to send us any written relevant data, 
views, or arguments regarding this AD. Send your comments to an address 
listed under ADDRESSES. Include ``AD Docket No. FAA-2008-0821; 
Directorate Identifier 2008-NE-20-AD'' in the subject line of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify it.
    We will post all comments we receive, without change, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact 
with FAA personnel concerning this AD. Using the search function of the 
Web site, anyone can find and read the comments in any of our dockets, 
including, if provided, the name of the individual who sent the comment 
(or signed the comment on behalf of an association, business, labor 
union, etc.). You may review the DOT's complete Privacy Act Statement 
in the Federal Register published on April 11, 2000 (65 FR 19477-78).

Examining the AD Docket

    You may examine the AD docket on the Internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>; 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 this AD, the regulatory evaluation, 
any comments received, and other information. The street address for 
the Docket Operations office (telephone (800) 647-5527) is the same as 
the Mail address provided in the ADDRESSES section. Comments will be 
available in the AD docket shortly after receipt.

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.

Regulatory Findings

    We have 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 that 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 summary of the costs to comply with this AD and 
placed it in the AD Docket. You may get a copy of this summary at the 
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Under the authority delegated to me by the Administrator, the Federal 
Aviation Administration amends part 39 of the Federal Aviation 
Regulations (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 airworthiness 
directive:

2008-16-01 General Electric Co.: Amendment 39-15619. Docket No. FAA-
2008-0821; Directorate Identifier 2008-NE-20-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective August 
15, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to General Electric Co. (GE) CF34-8E series 
turbofan engines with full authority digital electronic controls 
(FADECs), part numbers (P/N) 4120T00P47, 4120T00P48, 111E9320G48, or 
111E9320G49, installed. These engines are installed on, but not 
limited to, Empresa Brasileira de Aeronautica S.A. (EMBRAER) ERJ 170 
series airplanes.

Unsafe Condition

    (d) This AD results from six loss of thrust control events from 
the same software fault scenario. We are issuing this AD to prevent 
loss of thrust control and controllability of the airplane.

Compliance

    (e) You are responsible for having the actions required by this 
AD performed within

[[Page 44630]]

660 flight hours time-in-service after the effective date of this 
AD, unless the actions have already been done.

Removal of CF34-8E FADEC Software Version 8Ev5.40

    (f) For CF34-8E engines with a FADEC, P/N 4120T00P47, 
4120T00P48, 111E9320G48, or 111E9320G49, installed, do either of the 
following:
    (1) Replace the FADEC, P/N 4120T00P47, 4120T00P48, 111E9320G48, 
or 111E9320G49, with a FADEC P/N not listed in paragraph (c) of this 
AD. Or,
    (2) For CF34-8E engines with a FADEC, P/N 4120T00P47, 
4120T00P48, 111E9320G48, or 111E9320G49, installed, reprogram the 
FADEC software to an FAA approved version.

Installation Prohibition

    (g) After the effective date of this AD, don't install any 
FADEC, P/N 4120T00P47, 4120T00P48, 111E9320G48, or 111E9320G49, onto 
any CF34-8E engine.

Alternative Methods of Compliance

    (h) The Manager, Engine Certification Office, has the authority 
to approve alternative methods of compliance for this AD if 
requested using the procedures found in 14 CFR 39.19.

Related Information

    (i) General Electric Alert Service Bulletin CF34-8E-AL S/B 73-
A0019, dated June 17, 2008, contains information on removing 
software version 8Ev5.40 and installing an FAA-approved FADEC 
software version.
    (j) Contact Kenneth Steeves, Aerospace Engineer, Engine 
Certification Office, FAA, Engine & Propeller Directorate, 12 New 
England Executive Park, Burlington, MA 01803; e-mail: 
<a href="/cdn-cgi/l/email-protection#503b353e3e3524387e23243535263523103631317e373f26"><span class="__cf_email__" data-cfemail="9df6f8f3f3f8e9f5b3eee9f8f8ebf8eeddfbfcfcb3faf2eb">[email&#160;protected]</span></a>; telephone (781) 238-7765; fax (781) 238-
7199, for more information about this AD.

Material Incorporated by Reference

    (k) None.

    Issued in Burlington, Massachusetts, on July 23, 2008.
Carlos Pestana,
Acting Manager, Engine and Propeller Directorate, Aircraft 
Certification Service.
[FR Doc. E8-17422 Filed 7-30-08; 8:45 am]
BILLING CODE 4910-13-P