[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Rules and Regulations]
[Pages 38077-38079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18470]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 98-NM-41-AD; Amendment 39-10651; AD 98-15-01]
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.
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SUMMARY: This amendment adopts a new airworthiness directive (AD),
applicable to certain EMBRAER Model EMB-145 series airplanes, that
requires 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 amendment also requires modification of the pitot/
static system. This amendment is prompted by issuance of mandatory
continuing airworthiness information by a foreign civil airworthiness
authority. The actions specified by this 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: Effective August 19, 1998.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 19, 1998.
ADDRESSES: 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 Federal Aviation Administration (FAA), Transport
Airplane Directorate, Rules Docket, 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: 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: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to include an airworthiness
directive (AD) that is applicable to certain EMBRAER Model EMB-145
series airplanes was published in the Federal Register on April 8, 1998
(63 FR 17130). That action proposed to 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. That action also proposed
modification of the pitot/static system.
Comments
Interested persons have been afforded an opportunity to participate
in the making of this amendment. Due consideration has been given to
the single comment received.
[[Page 38078]]
Request to Provide Option for Compliance With Inspection
One commenter suggests that clarification should be added to
paragraph (b) of the proposed AD to specify that if operators have
accomplished the actions described in EMBRAER Service Bulletin 145-34-
0008, it is no longer necessary to accomplish the one-time visual
inspection described in EMBRAER Service Bulletin 145-34-0010, as
required by paragraph (a) of the proposed AD. The commenter states that
EMBRAER Service Bulletin 145-34-0008 accomplishes the same system check
as that specified in EMBRAER Service Bulletin 145-34-0010 and, in
addition, replaces the problem lines.
The FAA agrees that accomplishment of the actions specified in
EMBRAER Service Bulletin 145-34-0008, dated September 10, 1997, would
eliminate the need to accomplish the one-time visual inspection
described in EMBRAER Service Bulletin 145-34-0010, Change 01, dated
September 25, 1997. A new paragraph (c) has been added to this final
rule to remove the requirement to accomplish paragraph (a) if the
action required by paragraph (b) has been accomplished prior to the
effective date of this AD, or is accomplished within the compliance
time specified in paragraph (a).
Conclusion
After careful review of the available data, including the comment
noted above, the FAA has determined that air safety and the public
interest require the adoption of the rule with the change previously
described. The FAA has determined that this change will neither
increase the economic burden on any operator nor increase the scope of
the AD.
Cost Impact
The FAA estimates that 15 airplanes of U.S. registry will be
affected by this AD.
It will take approximately 2 work hours per airplane to accomplish
the required inspection, at an average labor rate of $60 per work hour.
Based on these figures, the cost impact of the inspection required by
this AD on U.S. operators is estimated to be $1,800, or $120 per
airplane.
In addition, it will take approximately 2 work hours per airplane
to accomplish the modification required by this AD, at an average labor
rate of $60 per work hour. Required parts will be supplied by the
manufacturer at no cost to the operators. Based on these figures, the
cost impact of the modification required by this AD on U.S. operators
is estimated to be $1,800, or $120 per airplane.
The cost impact figure discussed above is based on assumptions that
no operator has yet accomplished any of the 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 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.
For the reasons discussed above, I certify that this action (1) is
not a ``significant regulatory action'' under Executive Order 12866;
(2) is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action
and it is contained in the Rules Docket. A copy of it 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:
98-15-01 Empresa Brasileira de Aeronautica, S.A. (EMBRAER):
Amendment 39-10651. 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 (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 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) Except as provided by paragraph (c) of this AD, 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 by paragraph (a)
of this AD.
(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) For airplanes on which the modification required by
paragraph (b) of this AD has been accomplished prior to the
effective date of this AD, or is accomplished within the compliance
time specified in paragraph (a) of this AD (i.e., within 50 hours
time-in-service after the effective date of this AD), the one-
[[Page 38079]]
time visual inspection specified in paragraph (a) of this AD is not
required.
(d) 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.
(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 3: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
(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.
(g) The actions shall be done in accordance with the following
EMBRAER service bulletins, which contain the specified list of
effective pages:
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Page number
Service bulletin referenced and date shown on Revision level shown on Date shown on page
page page
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145-34-0010, Change 01, September 1, 2 1......................... September 25, 1997.
25, 1997.
3-9 Original.................. July 25, 1997.
145-34-0008, September 10, 1997..... 1-22 Original.................. September 10, 1997.
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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.
Note 4: The subject of this AD is addressed in Brazilian
airworthiness directive 97-07-12R1, dated November 3, 1997.
(h) This amendment becomes effective on August 19, 1998.
Issued in Renton, Washington, on July 6, 1998.
John J. Hickey,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 98-18470 Filed 7-14-98; 8:45 am]
BILLING CODE 4910-13-P
