99-25593. Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145 Series Airplanes  

  • [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]
    
    
    
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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
    
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    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
    
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    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
    
    
    

Document Information

Effective Date:
10/18/1999
Published:
10/01/1999
Department:
Federal Aviation Administration
Entry Type:
Rule
Action:
Final rule; request for comments.
Document Number:
99-25593
Dates:
Effective October 18, 1999.
Pages:
53193-53195 (3 pages)
Docket Numbers:
Docket No. 99-NM-198-AD, Amendment 39-11346, AD 99-21-03
RINs:
2120-AA64: Airworthiness Directives
RIN Links:
https://www.federalregister.gov/regulations/2120-AA64/airworthiness-directives
PDF File:
99-25593.pdf
CFR: (1)
14 CFR 39.13