[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Proposed Rules]
[Pages 19673-19675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10468]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-65-AD]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica, S.A.
(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 adoption of a new airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-145
series airplanes. This proposal would require replacement of the
horizontal stabilizer anti-icing valve with a new anti-icing valve.
This proposal also would require reinforcement of the insulation over
the anti-icing ducts of the horizontal stabilizer thermal anti-icing
system. 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
[[Page 19674]]
horizontal stabilizer anti-icing valve, which could cause the
horizontal stabilizer thermal anti-icing system to be inoperative, and
could result in reduced controllability of the airplane.
DATES: Comments must be received by May 21, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-65-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: John W. McGraw, Aerospace Engineer,
Systems and Flight Test Branch, ACE-116A, FAA, Atlanta Aircraft
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite
450, Atlanta, Georgia 30349; telephone (770) 703-6098; 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 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 98-NM-65-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. 98-NM-65-AD, 1601 Lind Avenue, SW., Renton, Washington
98055-4056.
Discussion
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 it has received reports of failure of the horizontal
stabilizer anti-icing valve. The cause of these failures has been
attributed to freezing of the valve control mechanism during normal
icing conditions. The valve remains closed when commanded to open,
which could disable the horizontal stabilizer thermal anti-icing
system. This condition, if not corrected, could result in reduced
controllability of the airplane.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-30-0007, dated November 13,
1997, which describes procedures for replacement of the horizontal
stabilizer anti-icing valve with a new anti-icing valve, and
reinforcement of the insulation over the anti-icing ducts of the
horizontal stabilizer thermal anti-icing system. 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 98-01-04, dated January 15, 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 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 require accomplishment of
the actions specified in the service bulletin described previously.
Cost Impact
The FAA estimates that 17 airplanes of U.S. registry would be
affected by this proposed AD, that it would take approximately 2 work
hours per airplane to accomplish the proposed actions, and that the
average labor rate is $60 per work hour. Required parts would be
provided by the manufacturer at no cost to the operators. Based on
these figures, the cost impact of the proposed AD on U.S. operators is
estimated to be $2,040, or $120 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the 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
[[Page 19675]]
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 adding the following new
airworthiness directive:
Empresa Brasileira De Aeronautica S.A. (EMBRAER): Docket 98-NM-65-
AD.
Applicability: Model EMB-145 series airplanes, serial numbers
145004 through 145027 inclusive, equipped with horizontal stabilizer
anti-icing valve having part number (P/N) 329445; 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 (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 horizontal stabilizer anti-icing
valve, which could cause the horizontal stabilizer thermal anti-
icing system to be inoperative, and could result in reduced
controllability of the airplane, accomplish the following:
(a) Within 400 flight hours after the effective date of this AD,
replace the horizontal stabilizer anti-icing valve with a new anti-
icing valve, and reinforce the insulation over the anti-icing ducts
of the horizontal stabilizer thermal anti-icing system; in
accordance with EMBRAER Service Bulletin 145-30-0007, dated November
13, 1997.
(b) As of the effective date of this AD, no person shall install
on any airplane a horizontal stabilizer anti-icing valve having part
number 329445.
(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 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.
(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 3: The subject of this AD is addressed in Brazilian
airworthiness directive 98-01-04, dated January 15, 1998.
Issued in Renton, Washington, on April 15, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-10468 Filed 4-20-98; 8:45 am]
BILLING CODE 4910-13-U
