[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Rules and Regulations]
[Pages 65050-65052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31316]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-317-AD; Amendment 39-10904; AD 98-24-19]
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; request for comments.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD) that 
is applicable to certain Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145 series airplanes. This action requires revising 
the Performance Section of the Airplane Flight Manual (AFM) to provide 
the flightcrew with procedures to adjust landing distances for landings 
performed with the anti-icing system active. This action also requires 
revising the Limitations Sections of the AFM to prohibit certain types 
of approaches with the anti-icing system active. This amendment is 
prompted by a report that increased (i.e., higher than normal) flight 
idle thrust may occur when the anti-icing system is active. The actions 
specified in this AD are intended to ensure that the flightcrew is 
advised of appropriate landing field lengths when operating with the 
anti-icing system active, and that instrument approaches at certain 
flap settings are prohibited with the anti-icing system active. 
Increased flight idle thrust when the anti-icing system is active, if 
not corrected, could result in landing overrun.

DATES: Effective December 10, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 10, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before December 28, 1998.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-317-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    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,

[[Page 65051]]

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; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Thomas Peters, Aerospace Engineer, 
ACE-118A, FAA, Small Airplane Directorate, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6063; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC), 
which is the airworthiness authority for Brazil, recently notified the 
FAA that an unsafe condition may exist on certain EMBRAER Model EMB-145 
series airplanes. The DAC advises that a fault was discovered during a 
review of Version II.2 of the Full Authority Digital Engine Control, 
which is installed on Model EMB-145 series airplanes equipped with 
Allison Model AE3007A1/2 engines. That fault affects operations when 
the anti-icing system is active, and causes increased (i.e., higher 
than normal) flight idle thrust during landing. Such increased flight 
idle thrust increases landing distances over those shown in the 
existing Performance Section of the FAA-approved Airplane Flight Manual 
(AFM), which could result in landing overrun if the landing distance is 
greater than the available runway. Also, such increased flight idle 
thrust during instrument approaches using the Flaps 22 setting could 
result in reduced controllability of the airplane due to inadequate 
drag to slow the airplane or to descend. This condition, if not 
corrected, also could result in landing overrun.

Explanation of Relevant Service Information

    The FAA has reviewed EMBRAER EMB-145 Airplane Flight Manual 145/
1153, Revision 19, dated October 23, 1998, which describes procedures 
for revising the Performance Section of the FAA-approved AFM to provide 
the flightcrew with procedures to adjust landing distances for landings 
performed with the anti-icing system active.

FAA's Determination

    The FAA has determined that it is necessary to revise the 
Limitations Section of the FAA-approved AFM to prohibit instrument 
approaches using the Flaps 22 setting when the anti-icing system is 
active. This determination is based on the fact that, in conditions of 
increased flight idle thrust, such a setting may not provide adequate 
drag, which could reduce the ability of the flightcrew to slow the 
airplane or to descend, and could result in increased landing 
distances.

U.S. Type Certification of the Airplane

    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.

Explanation of Requirements of 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, this AD is being issued to ensure that the 
flightcrew is advised of appropriate landing field lengths when 
operating with the anti-icing system active. This AD also is being 
issued to ensure that the flightcrew is advised that instrument 
approaches at certain flap settings are prohibited with the anti-icing 
system active. Increased flight idle thrust when the anti-icing system 
is active, if not corrected, could result in landing overrun. This AD 
requires revising the Performance Section of the FAA-approved AFM to 
advise the flightcrew of adjustments to landing distances for landings 
performed with the anti-icing system active. This AD also requires 
revising the Limitations Section of the FAA-approved AFM to prohibit 
certain types of approaches with the anti-icing system active. 
Accomplishment of the AFM revisions is intended to adequately address 
the identified unsafe condition.

Determination of Rule's Effective Date

    Since a situation exists that requires the immediate adoption of 
this regulation, it is found that notice and opportunity for prior 
public comment hereon are impracticable, and that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting flight safety and, thus, was not preceded by 
notice and an opportunity for public comment, comments are invited on 
this rule. Interested persons are invited to comment on this 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 under the caption ADDRESSES. All 
communications received on or before the closing date for comments will 
be considered, and this rule may be amended in light of the comments 
received. Factual information that supports the commenter's ideas and 
suggestions is extremely helpful in evaluating the effectiveness of the 
AD action and determining whether additional rulemaking action would be 
needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the 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 that 
summarizes each FAA-public contact concerned with the substance of this 
AD will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 98-NM-317-AD.'' The postcard will be date stamped and 
returned to the commenter.

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.
    The FAA has determined that this regulation is an emergency 
regulation that must be issued immediately to correct an unsafe 
condition in aircraft, and that it is not a ``significant regulatory 
action'' under Executive Order 12866. It has been determined further 
that this action involves an emergency regulation under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). If it is 
determined that this emergency regulation otherwise would be 
significant under DOT Regulatory Policies and Procedures, a final 
regulatory evaluation will be prepared

[[Page 65052]]

and placed in the Rules Docket. A copy of it, if filed, 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:

98-24-19  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-10904. Docket 98-NM-317-AD.

    Applicability: Model EMB-145 series airplanes, equipped with 
Allison Model AE3007A1/2 engines; certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that the flightcrew is advised of appropriate landing 
field lengths when operating with the anti-icing system active, and 
that instrument approaches at certain flap settings are prohibited 
with the anti-icing system active, accomplish the following:
    (a) Within 10 days after the effective date of this AD, 
accomplish the actions specified by paragraphs (a)(1) and (a)(2) of 
this AD.
    (1) Revise the Performance Section of the FAA-approved Airplane 
Flight Manual (AFM) by inserting a copy of EMBRAER EMB-145 AFM 145/
1153, Revision 19, dated October 23, 1998, into the AFM.

    Note 1: When landing in abnormal configurations per the 
emergency and abnormal procedures of Section 3 of the AFM and 
operating with the anti-icing system active, the landing field 
length multiples specified in Section 3 should be applied to the 
landing field lengths specified in Supplement 6 of Revision 19 of 
the AFM.
    (2) Revise the Limitations Section of Supplement 12 of the FAA-
approved AFM to include the following statement. This action may be 
accomplished by inserting a copy of this AD into the AFM.
    ``Flaps 22 instrument approaches with anti-ice on are not 
approved.''
    (b) 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.

    (c) 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.
    (d) The AFM revision specified in paragraph (a)(1) of this AD 
shall be done in accordance with EMBRAER EMB-145 Airplane Flight 
Manual 145/1153, Revision 19, dated October 23, 1998, which contains 
the following list of effective pages:

------------------------------------------------------------------------
                                             Revision
                 Page No.                  level shown    Date shown on
                                             on page          page
------------------------------------------------------------------------
List of Effective Pages, Pages A, S6-i,             19  October 23,
 S6-ii.                                                  1998.
List of Effective Pages, Page B..........           18  August 6, 1998.
------------------------------------------------------------------------

    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.
    (e) This amendment becomes effective on December 10, 1998.

    Issued in Renton, Washington, on November 16, 1998.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-31316 Filed 11-24-98; 8:45 am]
BILLING CODE 4910-13-U