[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                                              
----------------------------------------------------------------------------------------------------------------
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