[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Pages 53193-53195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25593]
[[Page 53193]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-198-AD; Amendment 39-11346; AD 99-21-03]
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 amendment adopts a new airworthiness directive (AD) that
is applicable to certain EMBRAER Model EMB-145 series airplanes. This
action requires revising the Airplane Flight Manual (AFM) for operation
in the rain, and modifying the anemometric static ports. This action
also provides for optional terminating action for the requirements of
this AD. This amendment is prompted by issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified in this AD are intended to limit or prohibit the
use of the autopilot and flight director during the descent and
approach to land in the rain, and to prevent fluctuations and erratic
indications in the vertical speed, airspeed, and altitude readings in
the cockpit during the descent and approach to land in the rain; such
conditions could result in reduced controllability of the airplane
during the descent and approach to land in the rain.
DATES: Effective October 18, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of October 18, 1999.
Comments for inclusion in the Rules Docket must be received on or
before November 1, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-198-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD 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: Robert Capezzuto, Aerospace Engineer,
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone
(770) 703-6071; fax (770) 703-6097.
SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC),
which is the airworthiness authority for Brazil, notified the FAA that
an unsafe condition may exist on certain EMBRAER Model EMB-145 series
airplanes. The DAC advises that there have been several occurrences of
vertical speed, airspeed, and altitude fluctuations, and/or erratic
indications [which in some cases have even caused autopilot and flight
director disengagement and ground proximity warning system (GPWS) false
warnings], during descent and approach to land in the rain. The cause
of these fluctuations and erratic indications has been attributed to a
flaw in the design of the anemometric static ports. These conditions,
if not corrected, could result in reduced controllability of the
airplane during the descent and approach to land in the rain.
Explanation of Relevant Service Information
Embraer has issued Service Bulletin No. 145-34-0026, Change No. 01,
dated June 23, 1999, which describes procedures for modification of the
central hole of the anemometric static ports and installation of
nipples between the static ports and their hoses to prevent
fluctuations and erratic indications in the vertical speed, airspeed,
and altitude readings in the cockpit during the descent and approach to
land in the rain. Accomplishment of the actions specified in the
service bulletin is intended to adequately address the identified
unsafe condition. The DAC classified this service bulletin as mandatory
and issued Brazilian airworthiness directive 1999-06-01R2, dated July
19, 1999, 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 Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to require certain AFM
revisions and a modification of the central hole of the anemometric
static ports. The modification, along with the optional replacement of
the current connection adapter installed between the hose ends and the
static ports with a new nipple adapter, would terminate the
requirements of this AD. This AD requires accomplishment of the actions
specified in the service bulletin described previously, except as
discussed below.
Differences Between This AD and the Foreign AD
This AD differs from the parallel Brazilian airworthiness directive
in that this AD imposes a limitation in the AFM to prohibit the use of
the autopilot or flight director during the approach in the rain. The
Brazilian airworthiness directive AD instead addresses a CAUTION note
that specifies hand-flying the airplane or using the autopilot basic
mode, and relying on the primary flight display (PFD) raw information
when operating in the rain. In addition, the replacement of calibration
charts in the AFM following the modification of the static ports, as
required by this AD, is not addressed by the Brazilian airworthiness
directive.
Further, the terminating action (replacement of the current
connection adapter with a new nipple adapter), provided as optional in
this AD, is mandated by the Brazilian AD.
Interim Action
This is considered to be interim action. The FAA is currently
considering requiring the replacement of the current connection adapter
with a new nipple adapter, which will
[[Page 53194]]
constitute terminating action for the modification of the central hole
of the anemometric static ports required by this AD action. However,
the planned compliance time for the replacement of the current
connection adapter with a new nipple adapter is sufficiently long so
that notice and opportunity for prior public comment will be
practicable.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
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 99-NM-198-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:
99-21-03 Empresa Brasileira De Aeronautica S.A. (Embraer):
Amendment 39-11346. Docket 99-NM-198-AD.
Applicability: Model EMB-145 series airplanes; serial numbers
145004 through 145144 inclusive, 145146 through 145149 inclusive,
and 145152; certificated in any category.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
modified, altered, or repaired in the area subject to the
requirements of this AD. For airplanes that have been modified,
altered, or repaired so that the performance of the requirements of
this AD is affected, the owner/operator must request approval for an
alternative method of compliance in accordance with paragraph (e) of
this AD. The request should include an assessment of the effect of
the modification, alteration, or repair on the unsafe condition
addressed by this AD; and, if the unsafe condition has not been
eliminated, the request should include specific proposed actions to
address it.
Compliance: Required as indicated, unless accomplished
previously.
To limit or prohibit the use of the autopilot and flight
director during the descent and approach to land in the rain, and to
prevent fluctuations and erratic indications in the vertical speed,
airspeed, and altitude readings in the cockpit during the descent
and approach to land in the rain, which could result in reduced
controllability of the airplane during the descent and approach to
land in the rain, accomplish the following:
AFM Revisions
(a) Within 24 hours after the effective date of this AD, revise
the FAA-approved Airplane Flight Manual (AFM) to include the
following. This may be accomplished by inserting a copy of this AD
into the AFM.
(1) Add the following statement in Section 2, Limitations, under
AUTOPILOT: ``The use of either the autopilot or flight director is
prohibited during approach to land when operating in the rain.''
(2) Add the following CAUTION note in Section 4, Normal
Procedures, under DESCENT: ``CAUTION: When operating in rain,
monitor the vertical speed indicator (VSI) and indicated airspeed
(IAS), and, if oscillations are observed, disengage the autopilot
and hand-fly the airplane, or use the autopilot basic mode. Rely on
the standby airspeed and altimeter indications.''
(3) Add the following NOTE in Section 4, Normal Procedures,
under APPROACH: ``NOTE: The use of either the autopilot or flight
director is prohibited during approach to land when operating in the
rain.''
Modification
(b) Within 400 flight hours after the effective date of this AD,
modify the center hole of the anemometric static ports 1, 2, 3, and
4, located in the left- and right-hand sides of the forward
fuselage, in accordance with ``PART I'' of Embraer Service Bulletin
145-34-0026, Change No. 01, dated June 23, 1999. Prior to or upon
completion of this modification, replace the calibration charts for
vertical speed, airspeed, and altitude with new charts in the AFM
reflecting the modifications required by this paragraph, in
accordance with Embraer AFM 145/1153, Revision 28, dated July 2,
1999. Accomplishment of this modification constitutes terminating
action for the requirements of paragraph (a) of this AD.
Optional Terminating Action
(c) Accomplishment of the requirements of paragraph (b) of this
AD, together with the replacement of the current connection adapter
installed between the hose ends and the static ports with a new
nipple adapter, in accordance with ``PART II'' of Embraer
[[Page 53195]]
Service Bulletin 145-34-0026, Change No. 01, dated June 23, 1999,
constitutes terminating action for the requirements of this AD.
(d) As of the effective date of this AD, no person shall install
on any airplane anemometric static ports 1, 2, 3, and 4, unless they
have been modified in accordance with paragraph (b) of this AD.
Alternative Methods of Compliance
(e) 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
Maintenance Inspector, who may add comments and then send it to the
Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Manager, Atlanta ACO.
Special Flight Permits
(f) 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.
Incorporation by Reference
(g) Except as provided by paragraph (a) of this AD, the actions
shall be done in accordance with Embraer SB 145-34-0026, Change No.
01, dated June 23, 1999. 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; or at the Office of
the Federal Register, 800 North Capitol Street, NW., suite 700,
Washington, DC.
Note 3: The subject of this AD is addressed in Brazilian
airworthiness directive 1999-06-01R2, dated July 19, 1999.
(h) This amendment becomes effective on October 18, 1999.
Issued in Renton, Washington, on September 27, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-25593 Filed 9-30-99; 8:45 am]
BILLING CODE 4910-13-P