[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.


[[Page 17132]]


    (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