[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4521-4523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1980]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-386-AD; Amendment 39-11015; AD 99-01-12]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This document publishes in the Federal Register an amendment
adopting airworthiness directive (AD) 99-01-12 that was sent previously
to all known U.S. owners and operators of certain EMBRAER Model EMB-145
series airplanes by individual notices. This AD requires revisions to
the Airplane Flight Manual to provide the flight crew with updated
procedures for prohibiting use of the autopilot below 1,500 feet above
ground level, emergency procedures for pitch trim runaway, and abnormal
procedures for autopilot trim failure and stabilizer out of trim. This
AD also requires installation of certain warning placards. This action
is prompted by a report indicating that, during a flight test of a
similar airplane model, the pitch trim monitoring subsystem
malfunctioned internally. The actions specified by this AD are intended
to prevent failure of the pitch trim system, which could cause
undetected autopilot trim runaway, and consequent reduced
controllability of the airplane, uncommanded autopilot disconnect, and
excessive altitude loss.
DATES: Effective February 2, 1999, to all persons except those persons
to whom it was made immediately effective by emergency AD 99-01-12,
issued December 29, 1998, which contained the requirements of this
amendment.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 2, 1999.
Comments for inclusion in the Rules Docket must be received on or
before March 1, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-386-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The applicable service information 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; or at the FAA, Small Airplane Directorate, Atlanta Aircraft
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite
450, Atlanta, Georgia; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Rob Cappezzuto, Aerospace Engineer,
ACE-116A, Systems and Flight Test Branch, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone
(770) 773-6071; fax (770) 703-6097.
SUPPLEMENTARY INFORMATION: On December 29, 1998, the FAA issued
emergency AD 99-01-12, which is applicable to certain EMBRAER Model
EMB-145 series airplanes.
The Departmento de Aviacao Civil (DAC), which is the airworthiness
authority for Brazil, recently notified the FAA that an unsafe
condition may exist on certain EMBRAER Model EMB-145 series airplanes.
The DAC advises that, during a flight test of a similar airplane model,
equipped with a Honeywell Primus 1000 Integrated Avionics System, the
pitch trim monitoring subsystem experienced an internal malfunction.
The cause of the failure of this system has been attributed to a
software error, which resulted in failure of the trim monitoring
subsystem to detect a trim malfunction. This condition, if not
corrected, could cause undetected autopilot trim runaway, which could
result in reduced controllability of the airplane, uncommanded
autopilot disconnect, and excessive altitude loss. If these conditions
occur at low altitude, control of the airplane could be unrecoverable.
Explanation of Relevant Service Information
EMBRAER has issued Alert Service Bulletin S.B. 145-31-A010, dated
December 15, 1998, which describes procedures for installation of
certain warning placards on the left and right
[[Page 4522]]
sides of the cockpit glareshield panel to prohibit use of the autopilot
below 1,500 feet above ground level (AGL). The DAC classified this
alert service bulletin as mandatory and issued Brazilian Emergency
Airworthiness Directive 98-12-01, dated December 21, 1998, in order to
assure the continued airworthiness of these airplanes in Brazil.
FAA's Conclusions
This airplane model is manufactured in Brazil and is type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
DAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of the Requirements of the Rule
Since the unsafe condition described is likely to exist or develop
on other airplanes of the same type design registered in the United
States, the FAA issued emergency AD 99-01-12 to prevent failure of the
pitch trim system, which could cause undetected autopilot trim runaway,
and consequent reduced controllability of the airplane, uncommanded
autopilot disconnect, and excessive altitude loss.
The AD requires installation of certain warning placards on the
left and right sides of the cockpit glareshield panel to prohibit
autopilot below 1,500 feet AGL. The installation of the placard is
required to be accomplished in accordance with the alert service
bulletin described previously.
In addition, the FAA has determined that a revision to the Airplane
Flight Manual (AFM) is necessary to ensure that the Limitations Section
of the AFM is changed to provide the flight crew with updated
procedures prohibiting the use of the autopilot below 1,500 feet AGL,
emergency procedures for pitch trim runaway, and abnormal procedures
for autopilot trim failure and stabilizer out of trim.
This amendment is considered to be interim action until final
action is identified, at which time the FAA may consider further
rulemaking.
Since it was found that immediate corrective action was required,
notice and opportunity for prior public comment thereon were
impracticable and contrary to the public interest, and good cause
existed to make the AD effective immediately by individual notices
issued on December 29, 1998, to all known U.S. owners and operators of
certain EMBRAER Model EMB-145 series airplanes. These conditions still
exist, and the AD is hereby published in the Federal Register as an
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR
39.13) to make it effective as to all persons.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this 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 under the caption
ADDRESSES. All communications received on or before the closing date
for comments will be considered, and this rule may be amended in light
of the comments received. Factual information that supports the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of the AD action and determining whether additional
rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the 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 that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 98-NM-386-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects 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, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to 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
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]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
99-01-12 Empresa Brasileira de Aeronautica, S.A. (EMBRAER):
Amendment 39-11015. Docket 98-NM-386-AD.
Applicability: Model EMB-145 series airplanes, serial numbers
145004 through 145047 inclusive and 145049 through 145051 inclusive;
certificated in any category; equipped with IC-600 having part
number (P/N) 7017000-82402 or P/N 7017000-83402; excluding those
airplanes on which the modification specified in any of the
following Embraer service bulletins has been accomplished:
Embraer Service Bulletin 145-22-0001, dated May 7,
1998;
Embraer Service Bulletin 145-22-0004, Revision 01,
dated July 30, 1998;
Embraer Service Bulletin 145-31-0007, Revision 02,
dated June 30, 1998.
Compliance: Required as indicated, unless accomplished
previously.
[[Page 4523]]
To prevent failure of the pitch trim system, which could cause
undetected autopilot trim runaway, and result in reduced
controllability of the airplane, uncommanded autopilot disconnect,
and excessive altitude loss; accomplish the following:
(a) Within 20 flight hours after the effective date of this AD,
accomplish paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this AD.
(1) Install warning placards, P/N 145-39641-001, on the left and
right sides of the cockpit glareshield panel, using double-face tape
(or similar), in accordance with Embraer Alert Service Bulletin S.B.
145-31-A010, dated December 15, 1998, which state:
``DO NOT OPERATE AUTOPILOT BELOW 1,500 FT A.G.L.''
(2) Revise the Limitations Section of the FAA-approved Airplane
Flight Manual (AFM) (in the ``AUTOPILOT'' section) to include the
information contained in this paragraph of the AD. This may be
accomplished by inserting a copy of this AD in the AFM.
AUTOPILOT
THE USE OF AUTOPILOT BELOW 1,500 FEET IS PROHIBITED.''
(3) Revise the Emergency Procedures Section of the FAA-approved
AFM (in the ``PITCH TRIM RUNAWAY'' section) to include the following
statement. This may be accomplished by inserting a copy of this AD
in the AFM.
PITCH TRIM RUNAWAY
Immediately and simultaneously:
Control Column..............................................HOLD FIRMLY
Quick Disconnect Button..................................PRESS AND HOLD
Pitch Trim Main System..............................................OFF
Pitch Trim Back Up System...........................................OFF
Quick Disconnect Button.........................................RELEASE
If control column forces are excessive, try to recover airplane
control by turning one system on and trimming the airplane as
necessary. Initiate with the backup system. Leave the failed system
off.
If neither system is operative:
PITCH TRIM INOPERATIVE Procedure...............................COMPLETE
Autopilot...........................................................OFF
Do not use the autopilot for the remainder of the flight.''
(4) Revise the Abnormal Procedures Section of the FAA-approved
AFM (in the ``AUTOPILOT'' section) to include the following
statement. This may be accomplished by inserting a copy of this AD
in the AFM.
AUTOPILOT TRIM FAILED
PITCH TRIM RUNAWAY Procedure....................................PERFORM
STABILIZER OUT OF TRIM
PITCH TRIM RUNAWAY Procedure..................................PERFORM''
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Atlanta Aircraft Certification
Office (ACO), FAA, Small Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Operations Inspector, who may add comments and then send it to the
Manager, Atlanta ACO.
Note 1: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
(d) The installation shall be done in accordance with Embraer
Alert Service Bulletin S.B. 145-31-A010, dated December 15, 1998.
This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos--SP,
Brazil. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
FAA, Small Airplane Directorate, Atlanta Aircraft Certification
Office, One Crown Center, 1895 Phoenix Boulevard, suite 450,
Atlanta, Georgia 30349; or at the Office of the Federal Register,
800 North Capitol Street, NW., suite 700, Washington, DC.
Note 2: The subject of this AD is addressed in Brazilian
airworthiness directive 98-12-01, dated December 21, 1998.
(e) This amendment becomes effective on February 2, 1999, to all
persons except those persons to whom it was made immediately
effective by emergency AD 99-01-12, issued December 29, 1998, which
contained the requirements of this amendment.
Issued in Renton, Washington, on January 21, 1999.
Darrell M. Pederson,
Acting Manager,
Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-1980 Filed 1-28-99; 8:45 am]
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