[Federal Register Volume 63, Number 67 (Wednesday, April 8, 1998)]
[Proposed Rules]
[Pages 17130-17132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9120]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-41-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 a one-time inspection to
detect bulging or cracking of the pitot 1 and pitot 2 drain tubes in
the forward electronic compartment; and cleaning the tubes or replacing
drain tubes with new tubes, if necessary. This proposal also requires
modification of the pitot/static 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 detect and correct bulging and cracking of the pitot 1
and pitot 2 drain tubes in the forward electronic compartment caused by
cycles of water freezing and expanding inside the tubes, which could
result in erroneous airspeed indications to the flight crew and reduced
operational safety in all phases of flight.
DATES: Comments must be received by May 8, 1998.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 98-NM-41-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: Neil Berryman, 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 30337-2748;
telephone (770) 703-6066; 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-41-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-41-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 indicating that the pitot 1 and
pitot 2 drain tubes in the forward electronic compartment had cracked.
The cause of the cracking was
[[Page 17131]]
attributed to a poor drainage system that allowed water to freeze and
expand inside the pitot tubes over a number of flight cycles of the
airplane. This condition, if not corrected, could result in erroneous
airspeed indications to the flight crew and reduced operational safety
in all phases of flight.
Explanation of Relevant Service Information
EMBRAER has issued Service Bulletin 145-34-0010, Change 01, dated
September 25, 1997, which describes procedures for a one-time visual
inspection to detect bulging or cracking of the pitot 1 and pitot 2
drain tubes in the forward electronic compartment. This service
bulletin also describes procedures for cleaning the pitot tubes, or
replacing the drain tubes with new tubes, if necessary.
In addition, EMBRAER has issued Service Bulletin 145-34-0008, dated
September 10, 1997, which describes procedures for a modification of
the pitot/static system, which involves installing improved piping and
a new drainage system.
Accomplishment of the actions specified in the service bulletins is
intended to adequately address the identified unsafe condition. The DAC
classified these service bulletins as mandatory and issued Brazilian
airworthiness directive 97-07-12R1, dated November 3, 1997, 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 bulletins described previously.
Cost Impact
The FAA estimates that 15 airplanes of U.S. registry would be
affected by this proposed AD. It would take approximately 2 work hours
per airplane to accomplish the inspection proposed by this AD, at an
average labor rate of $60 per work hour. Based on these figures, the
cost impact of the inspection proposed by this AD on U.S. operators is
estimated to be $1,800, or $120 per airplane.
In addition, it would take approximately 2 work hours per airplane
to accomplish the modification proposed by this AD, at an average labor
rate of $60 per work hour. Required parts would be supplied by the
manufacturer at no cost to the operators. Based on these figures, the
cost impact of the modification proposed by this AD on U.S. operators
is estimated to be $1,800, or $120 per airplane.
The cost impact figures discussed above are 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 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-41-
AD.
Applicability: Model EMB-145 series airplanes, serial numbers
145004 through 145028 inclusive; 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 (d) 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 detect and correct bulging and cracking of the pitot 1 and
pitot 2 drain tubes in the forward electronic compartment, which
could result in erroneous airspeed indications to the flight crew
and reduced operational safety in all phases of flight, accomplish
the following:
(a) Within 50 hours time-in-service after the effective date of
this AD: Perform a one-time visual inspection to detect bulging or
cracking of the pitot 1 and pitot 2 drain tubes in the forward
electronic compartment, in accordance with EMBRAER Service Bulletin
145-34-0010, Change 01, dated September 25, 1997.
(1) If no bulging or cracking is detected, prior to further
flight, clean the pitot tubes in accordance with the service
bulletin.
(2) If any bulging or cracking is detected in any drain tube,
prior to further flight, replace the pitot drain tube with a new
tube in accordance with the service bulletin.
Note 2: Accomplishment of the visual inspection, cleaning, or
replacement of the pitot 1 and pitot 2 drain tubes prior to the
effective date of this AD in accordance with EMBRAER Service
Bulletin 145-34-0010, dated July 25, 1997, is considered acceptable
for compliance with the applicable action specified in paragraph (a)
of this AD.
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(b) Within 400 hours time-in-service after the effective date of
this AD: Modify the pitot/static system in accordance with EMBRAER
Service Bulletin 145-34-0008, dated September 10, 1997.
(c) As of the effective date of this AD, no person shall install
a pitot/static system on any airplane, unless it has been modified
in accordance with EMBRAER Service Bulletin 145-34-0008, dated
September 10, 1997.
(d) 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 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(e) 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 97-07-12R1, dated November 3, 1997.
Issued in Renton, Washington, on April 1, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-9120 Filed 4-7-98; 8:45 am]
BILLING CODE 4910-13-U
