[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Proposed Rules]
[Pages 72964-72967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33733]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-305-AD]
RIN 2120-AA64
Airworthiness Directives; EMBRAER Model EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This document proposes the supersedure of an existing
airworthiness directive (AD), applicable to certain EMBRAER Model EMB-
145 series airplanes, that currently requires revisions to the Airplane
Flight Manual (AFM) 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. That
AD also requires installation of certain warning placards. This action
would require replacement of a certain integrated computer with a new
integrated computer; installation of an upgraded integrated computers
checklist; and removal of certain placards and certain limitations in
the AFM. This proposal is prompted by issuance of mandatory continuing
airworthiness information by a foreign civil airworthiness authority.
The actions specified by the proposed 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: Comments must be received by January 28, 2000.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-305-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056. Comments may be inspected at this
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except
Federal holidays.
The service information referenced in the proposed rule 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.
FOR FURTHER INFORMATION CONTACT: Rob 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:
Comments Invited
Interested persons are invited to participate in the making of the
proposed 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 above. All
communications received on or before the closing date for comments,
specified above, will be considered before taking action on the
proposed rule. The proposals contained in this notice may be changed in
light of the comments received.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of
[[Page 72965]]
the proposed 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 summarizing each FAA-public
contact concerned with the substance of this proposal will be filed in
the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 99-NM-305-AD.'' The postcard will be date stamped and
returned to the commenter.
Availability of NPRMs
Any person may obtain a copy of this NPRM by submitting a request
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules
Docket No. 99-NM-305-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
On January 21, 1999, the FAA issued AD 99-01-12, amendment 39-11015
(64 FR 4521, January 29, 1999), applicable to certain EMBRAER Model
EMB-145 series airplanes, to require 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. That AD also
requires installation of certain warning placards. That action was
prompted by a report indicating that, during a flight test of a similar
airplane model, the pitch trim monitoring subsystem malfunctioned
internally. The requirements of that 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.
Actions Since Issuance of Previous Rule
In the preamble to AD 99-01-12, the FAA indicated that the actions
required by that AD were considered ``interim action'' and that further
rulemaking action was being considered. The FAA now has determined that
further rulemaking action is indeed necessary, and this proposed AD
follows from that determination.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-31-0010, dated March 18,
1999. The service bulletin describes procedures for replacement of the
integrated computer IC-600 #1, part number (P/N) 7017000-82402, with a
new integrated computer, P/N 7017000-82422; installation of an upgraded
integrated computers checklist; and removal of warning placards, P/N
145-39641-001, on the left and right sides of the cockpit glare shield
panel. Accomplishment of the actions specified in the service bulletin
is intended to adequately address the identified unsafe condition. The
Departmento de Aviacao Civil (DAC), which is the regulatory authority
for Brazil, approved this service bulletin and issued Brazilian
airworthiness directive 98-12-01R1, dated May 26, 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 Proposed 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, the proposed AD would supersede AD 99-01-12 to
continue to require revisions to the AFM 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. The proposed AD also would continue to require
installation of certain warning placards. The proposed AD also would
require accomplishment of the actions specified in the service bulletin
described previously, except as discussed below.
Differences Between Proposed Rule and Foreign AD
The proposed AD would differ from the parallel Brazilian
airworthiness directive in that it would mandate replacement of the
integrated computer IC-600 #1, P/N 7017000-82402, with a new integrated
computer, P/N 7017000-82422. The Brazilian airworthiness directive
provides for that action as an alternative to installation of certain
warning placards.
Mandating the terminating action is based on the FAA's
determination that, in this case, long-term continued operational
safety would be better assured by a modification to remove the source
of the problem, rather than by revising flight procedures. The source
of the unsafe condition (failure of the pitch trim monitoring system)
is in the design of the pitch trim monitoring system installed on the
airplane, in that the pitch trim monitoring system failed to detect a
trim malfunction. In this particular case, there is no way to
physically prevent the use of the autopilot below 1,500 ft. above
ground level (AGL), unlike in other situations in which the inadvertent
positioning of a switch or lever can be remedied by application of a
limiter or guard to prevent or restrict operation of that switch or
lever.
While revising flight procedures ensures that the flight crew is
informed that an unsafe condition may exist if the autopilot is
selected below 1,500 ft. AGL, it does not remove the source of that
unsafe condition. Human factors (e.g., variations in flight crew
training and familiarity with the airplane, flight crew awareness in
the presence of other hazards, flight crew fatigue) may allow
inadvertent selection of the autopilot below 1,500 ft. AGL and result
in the unsafe condition. Thus, revisions to flight procedures are not
considered adequate to provide the degree of safety assurance necessary
for the transport airplane fleet. Consideration of these factors has
led the FAA to mandate replacement of the integrated computer IC-600
#1, P/N 7017000-82402, with a new integrated computer, P/N 7017000-
82422; and installation of an integrated computers checklist, if
applicable, in order to eliminate the unsafe condition associated with
a failure of the pitch trim monitoring system.
Operators should also note that, although PART II of Brazilian AD
98-12-01R1 requires installation of an upgraded integrated computers
checklist, the FAA has determined that this is only necessary if a
checklist is currently installed on the airplane.
Explanation of Change to Applicability Statement
Operators should note that the applicability of the proposed AD
differs from the applicability of AD 99-01-12 in that it no longer
affects airplanes
[[Page 72966]]
equipped with IC-600 #1 having P/N 7017000-83402. The DAC has informed
the FAA that affected airplanes equipped with this IC-600 #1 part
number are not subject to the identified unsafe condition. Brazilian AD
98-12-01R1 also reflects this change.
Cost Impact
There are approximately 46 airplanes of U.S. registry that would be
affected by this proposed AD.
The actions that are currently required by AD 99-01-12, and
retained in this proposed AD, take approximately 1 work hour per
airplane to accomplish, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the currently required
actions on U.S. operators is estimated to be $2,760, or $60 per
airplane.
The new integrated computer replacement, checklist installation and
placard removals that are proposed in this AD action would take
approximately 1 work hour per airplane to accomplish, at an average
labor rate of $60 per work hour. Required parts would cost
approximately $675 per airplane. Based on these figures, the cost
impact of the proposed requirements of this AD on U.S. operators is
estimated to be $33,810, or $735 per airplane.
The removal of AFM limitations that is proposed in this AD action
would take approximately 1 work hour per airplane to accomplish. Based
on these figures, the cost impact of the proposed requirements of this
AD on U.S. operators is estimated to be $2,760, or $60 per airplane.
The cost impact figures discussed above are based on assumptions
that no operator has yet accomplished any of the current or proposed
requirements of this AD action, and that no operator would accomplish
those actions in the future if this AD were not adopted.
Regulatory Impact
The regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed
regulation (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) if promulgated, 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. A copy of the draft
regulatory evaluation prepared for this action is contained in the
Rules Docket. A copy of it may be obtained by contacting the Rules
Docket at the location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration proposes to amend
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 removing amendment 39-11015 (64 FR
4521, January 29, 1999), and by adding a new airworthiness directive
(AD), to read as follows:
Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 99-NM-305-
AD. Supersedes AD 99-01-12, Amendment 39-11015.
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 #1 having part
number (P/N) 7017000-82402; 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.
Note 1: This AD applies to each airplane identified in the
preceding applicability provision, regardless of whether it has been
otherwise 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 (c) 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 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:
Restatement of Requirements of AD 99-01-12
Placard Installation and AFM Revision
(a) Within 20 flight hours after February 2, 1999 (the effective
date of AD 99-01-12, amendment 39-11015), 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 glare shield panel, using double-face
tape (or similar), in accordance with Embraer Service Bulletin, 145-
31-A010, dated December 15, 1998, which states:
``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
[[Page 72967]]
PITCH TRIM RUNAWAY Procedure............ PERFORM
STABILIZER OUT OF TRIM
PITCH TRIM RUNAWAY Procedure............ PERFORM''
New Requirements of this AD
Terminating Action
(b) Within 500 flight hours after the effective date of this AD,
accomplish paragraphs (b)(1) and (b)(2) of this AD. Accomplishment
of paragraph (b) of this AD constitutes terminating action for the
requirements of paragraph (a) of this AD.
(1) Replace the integrated computer IC-600 #1, P/N 7017000-
82402, with a new integrated computer, P/N 7017000-82422; install an
upgraded integrated computers checklist; and remove warning
placards, P/N 145-39641-001, on the left and right sides of the
cockpit glare shield panel required by paragraph (a)(1) of this AD;
in accordance with EMBRAER Service Bulletin S.B. 145-31-0010, dated
March 18, 1999.
Note 2: Installation of an upgraded integrated computers
checklist is required only if an integrated computers checklist is
currently installed on the airplane.
(2) Remove the limitations required by paragraphs (a)(2),
(a)(3), and (a)(4) of this AD from the AFM.
Alternative Methods of Compliance
(c) 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/Operations Inspector, who may add comments and then send
it to the Manager, Atlanta ACO.
Note 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
Special Flight Permits
(d) 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.
Note 4: The subject of this AD is addressed in Brazilian
airworthiness directive 98-12-01R1, dated May 26, 1999.
Issued in Renton, Washington, on December 22, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-33733 Filed 12-28-99; 8:45 am]
BILLING CODE 4910-13-U
