[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Rules and Regulations]
[Pages 65050-65052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31316]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-317-AD; Amendment 39-10904; AD 98-24-19]
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 Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-145 series airplanes. This action requires revising
the Performance Section of the Airplane Flight Manual (AFM) to provide
the flightcrew with procedures to adjust landing distances for landings
performed with the anti-icing system active. This action also requires
revising the Limitations Sections of the AFM to prohibit certain types
of approaches with the anti-icing system active. This amendment is
prompted by a report that increased (i.e., higher than normal) flight
idle thrust may occur when the anti-icing system is active. The actions
specified in this AD are intended to ensure that the flightcrew is
advised of appropriate landing field lengths when operating with the
anti-icing system active, and that instrument approaches at certain
flap settings are prohibited with the anti-icing system active.
Increased flight idle thrust when the anti-icing system is active, if
not corrected, could result in landing overrun.
DATES: Effective December 10, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 10, 1998.
Comments for inclusion in the Rules Docket must be received on or
before December 28, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-317-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,
[[Page 65051]]
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: Thomas Peters, Aerospace Engineer,
ACE-118A, FAA, Small Airplane Directorate, Atlanta Aircraft
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite
450, Atlanta, Georgia 30349; telephone (770) 703-6063; fax (770) 703-
6097.
SUPPLEMENTARY INFORMATION: 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 a fault was discovered during a
review of Version II.2 of the Full Authority Digital Engine Control,
which is installed on Model EMB-145 series airplanes equipped with
Allison Model AE3007A1/2 engines. That fault affects operations when
the anti-icing system is active, and causes increased (i.e., higher
than normal) flight idle thrust during landing. Such increased flight
idle thrust increases landing distances over those shown in the
existing Performance Section of the FAA-approved Airplane Flight Manual
(AFM), which could result in landing overrun if the landing distance is
greater than the available runway. Also, such increased flight idle
thrust during instrument approaches using the Flaps 22 setting could
result in reduced controllability of the airplane due to inadequate
drag to slow the airplane or to descend. This condition, if not
corrected, also could result in landing overrun.
Explanation of Relevant Service Information
The FAA has reviewed EMBRAER EMB-145 Airplane Flight Manual 145/
1153, Revision 19, dated October 23, 1998, which describes procedures
for revising the Performance Section of the FAA-approved AFM to provide
the flightcrew with procedures to adjust landing distances for landings
performed with the anti-icing system active.
FAA's Determination
The FAA has determined that it is necessary to revise the
Limitations Section of the FAA-approved AFM to prohibit instrument
approaches using the Flaps 22 setting when the anti-icing system is
active. This determination is based on the fact that, in conditions of
increased flight idle thrust, such a setting may not provide adequate
drag, which could reduce the ability of the flightcrew to slow the
airplane or to descend, and could result in increased landing
distances.
U.S. Type Certification of the Airplane
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.
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 ensure that the
flightcrew is advised of appropriate landing field lengths when
operating with the anti-icing system active. This AD also is being
issued to ensure that the flightcrew is advised that instrument
approaches at certain flap settings are prohibited with the anti-icing
system active. Increased flight idle thrust when the anti-icing system
is active, if not corrected, could result in landing overrun. This AD
requires revising the Performance Section of the FAA-approved AFM to
advise the flightcrew of adjustments to landing distances for landings
performed with the anti-icing system active. This AD also requires
revising the Limitations Section of the FAA-approved AFM to prohibit
certain types of approaches with the anti-icing system active.
Accomplishment of the AFM revisions is intended to adequately address
the identified unsafe condition.
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 98-NM-317-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
[[Page 65052]]
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:
98-24-19 Empresa Brasileira de Aeronautica S.A. (EMBRAER):
Amendment 39-10904. Docket 98-NM-317-AD.
Applicability: Model EMB-145 series airplanes, equipped with
Allison Model AE3007A1/2 engines; certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To ensure that the flightcrew is advised of appropriate landing
field lengths when operating with the anti-icing system active, and
that instrument approaches at certain flap settings are prohibited
with the anti-icing system active, accomplish the following:
(a) Within 10 days after the effective date of this AD,
accomplish the actions specified by paragraphs (a)(1) and (a)(2) of
this AD.
(1) Revise the Performance Section of the FAA-approved Airplane
Flight Manual (AFM) by inserting a copy of EMBRAER EMB-145 AFM 145/
1153, Revision 19, dated October 23, 1998, into the AFM.
Note 1: When landing in abnormal configurations per the
emergency and abnormal procedures of Section 3 of the AFM and
operating with the anti-icing system active, the landing field
length multiples specified in Section 3 should be applied to the
landing field lengths specified in Supplement 6 of Revision 19 of
the AFM.
(2) Revise the Limitations Section of Supplement 12 of the FAA-
approved AFM to include the following statement. This action may be
accomplished by inserting a copy of this AD into the AFM.
``Flaps 22 instrument approaches with anti-ice on are not
approved.''
(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
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 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 AFM revision specified in paragraph (a)(1) of this AD
shall be done in accordance with EMBRAER EMB-145 Airplane Flight
Manual 145/1153, Revision 19, dated October 23, 1998, which contains
the following list of effective pages:
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Revision
Page No. level shown Date shown on
on page page
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List of Effective Pages, Pages A, S6-i, 19 October 23,
S6-ii. 1998.
List of Effective Pages, Page B.......... 18 August 6, 1998.
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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.
(e) This amendment becomes effective on December 10, 1998.
Issued in Renton, Washington, on November 16, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-31316 Filed 11-24-98; 8:45 am]
BILLING CODE 4910-13-U
