[Federal Register Volume 64, Number 19 (Friday, January 29, 1999)]
[Rules and Regulations]
[Pages 4521-4523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1980]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-386-AD; Amendment 39-11015; AD 99-01-12]
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.

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SUMMARY: This document publishes in the Federal Register an amendment 
adopting airworthiness directive (AD) 99-01-12 that was sent previously 
to all known U.S. owners and operators of certain EMBRAER Model EMB-145 
series airplanes by individual notices. This AD requires revisions to 
the Airplane Flight Manual to provide the flight crew with updated 
procedures for prohibiting use of the autopilot below 1,500 feet above 
ground level, emergency procedures for pitch trim runaway, and abnormal 
procedures for autopilot trim failure and stabilizer out of trim. This 
AD also requires installation of certain warning placards. This action 
is prompted by a report indicating that, during a flight test of a 
similar airplane model, the pitch trim monitoring subsystem 
malfunctioned internally. The actions specified by this AD are intended 
to prevent failure of the pitch trim system, which could cause 
undetected autopilot trim runaway, and consequent reduced 
controllability of the airplane, uncommanded autopilot disconnect, and 
excessive altitude loss.

DATES: Effective February 2, 1999, to all persons except those persons 
to whom it was made immediately effective by emergency AD 99-01-12, 
issued December 29, 1998, which contained the requirements of this 
amendment.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of February 2, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before March 1, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 98-NM-386-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056.
    The applicable service information 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; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Rob Cappezzuto, Aerospace Engineer, 
ACE-116A, Systems and Flight Test Branch, FAA, Small Airplane 
Directorate, Atlanta Aircraft Certification Office, One Crown Center, 
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone 
(770) 773-6071; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: On December 29, 1998, the FAA issued 
emergency AD 99-01-12, which is applicable to certain EMBRAER Model 
EMB-145 series airplanes.
    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, during a flight test of a similar airplane model, 
equipped with a Honeywell Primus 1000 Integrated Avionics System, the 
pitch trim monitoring subsystem experienced an internal malfunction. 
The cause of the failure of this system has been attributed to a 
software error, which resulted in failure of the trim monitoring 
subsystem to detect a trim malfunction. This condition, if not 
corrected, could cause undetected autopilot trim runaway, which could 
result in reduced controllability of the airplane, uncommanded 
autopilot disconnect, and excessive altitude loss. If these conditions 
occur at low altitude, control of the airplane could be unrecoverable.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin S.B. 145-31-A010, dated 
December 15, 1998, which describes procedures for installation of 
certain warning placards on the left and right

[[Page 4522]]

sides of the cockpit glareshield panel to prohibit use of the autopilot 
below 1,500 feet above ground level (AGL). The DAC classified this 
alert service bulletin as mandatory and issued Brazilian Emergency 
Airworthiness Directive 98-12-01, dated December 21, 1998, 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 the Requirements of the Rule

    Since the unsafe condition described is likely to exist or develop 
on other airplanes of the same type design registered in the United 
States, the FAA issued emergency AD 99-01-12 to prevent failure of the 
pitch trim system, which could cause undetected autopilot trim runaway, 
and consequent reduced controllability of the airplane, uncommanded 
autopilot disconnect, and excessive altitude loss.
    The AD requires installation of certain warning placards on the 
left and right sides of the cockpit glareshield panel to prohibit 
autopilot below 1,500 feet AGL. The installation of the placard is 
required to be accomplished in accordance with the alert service 
bulletin described previously.
    In addition, the FAA has determined that a revision to the Airplane 
Flight Manual (AFM) is necessary to ensure that the Limitations Section 
of the AFM is changed to provide the flight crew with updated 
procedures prohibiting the use of the autopilot below 1,500 feet AGL, 
emergency procedures for pitch trim runaway, and abnormal procedures 
for autopilot trim failure and stabilizer out of trim.
    This amendment is considered to be interim action until final 
action is identified, at which time the FAA may consider further 
rulemaking.
    Since it was found that immediate corrective action was required, 
notice and opportunity for prior public comment thereon were 
impracticable and contrary to the public interest, and good cause 
existed to make the AD effective immediately by individual notices 
issued on December 29, 1998, to all known U.S. owners and operators of 
certain EMBRAER Model EMB-145 series airplanes. These conditions still 
exist, and the AD is hereby published in the Federal Register as an 
amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 
39.13) to make it effective as to all persons.

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-386-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 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:

99-01-12  Empresa Brasileira de Aeronautica, S.A. (EMBRAER): 
Amendment 39-11015. Docket 98-NM-386-AD.

    Applicability: Model EMB-145 series airplanes, serial numbers 
145004 through 145047 inclusive and 145049 through 145051 inclusive; 
certificated in any category; equipped with IC-600 having part 
number (P/N) 7017000-82402 or P/N 7017000-83402; excluding those 
airplanes on which the modification specified in any of the 
following Embraer service bulletins has been accomplished:
     Embraer Service Bulletin 145-22-0001, dated May 7, 
1998;
     Embraer Service Bulletin 145-22-0004, Revision 01, 
dated July 30, 1998;
     Embraer Service Bulletin 145-31-0007, Revision 02, 
dated June 30, 1998.
    Compliance: Required as indicated, unless accomplished 
previously.

[[Page 4523]]

    To prevent failure of the pitch trim system, which could cause 
undetected autopilot trim runaway, and result in reduced 
controllability of the airplane, uncommanded autopilot disconnect, 
and excessive altitude loss; accomplish the following:
    (a) Within 20 flight hours after the effective date of this AD, 
accomplish paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this AD.
    (1) Install warning placards, P/N 145-39641-001, on the left and 
right sides of the cockpit glareshield panel, using double-face tape 
(or similar), in accordance with Embraer Alert Service Bulletin S.B. 
145-31-A010, dated December 15, 1998, which state:
    ``DO NOT OPERATE AUTOPILOT BELOW 1,500 FT A.G.L.''
    (2) Revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) (in the ``AUTOPILOT'' section) to include the 
information contained in this paragraph of the AD. This may be 
accomplished by inserting a copy of this AD in the AFM.

AUTOPILOT

    THE USE OF AUTOPILOT BELOW 1,500 FEET IS PROHIBITED.''
    (3) Revise the Emergency Procedures Section of the FAA-approved 
AFM (in the ``PITCH TRIM RUNAWAY'' section) to include the following 
statement. This may be accomplished by inserting a copy of this AD 
in the AFM.

PITCH TRIM RUNAWAY

    Immediately and simultaneously:
Control Column..............................................HOLD FIRMLY
Quick Disconnect Button..................................PRESS AND HOLD
Pitch Trim Main System..............................................OFF
Pitch Trim Back Up System...........................................OFF
Quick Disconnect Button.........................................RELEASE

    If control column forces are excessive, try to recover airplane 
control by turning one system on and trimming the airplane as 
necessary. Initiate with the backup system. Leave the failed system 
off.
    If neither system is operative:
PITCH TRIM INOPERATIVE Procedure...............................COMPLETE
Autopilot...........................................................OFF

    Do not use the autopilot for the remainder of the flight.''
    (4) Revise the Abnormal Procedures Section of the FAA-approved 
AFM (in the ``AUTOPILOT'' section) to include the following 
statement. This may be accomplished by inserting a copy of this AD 
in the AFM.

AUTOPILOT TRIM FAILED

PITCH TRIM RUNAWAY Procedure....................................PERFORM

STABILIZER OUT OF TRIM

PITCH TRIM RUNAWAY Procedure..................................PERFORM''

    (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 
Operations Inspector, who may add comments and then send it to the 
Manager, Atlanta ACO.

    Note 1: 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 installation shall be done in accordance with Embraer 
Alert Service Bulletin S.B. 145-31-A010, dated December 15, 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 30349; or at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC.

    Note 2: The subject of this AD is addressed in Brazilian 
airworthiness directive 98-12-01, dated December 21, 1998.

    (e) This amendment becomes effective on February 2, 1999, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 99-01-12, issued December 29, 1998, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on January 21, 1999.
Darrell M. Pederson,
Acting Manager,
Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 99-1980 Filed 1-28-99; 8:45 am]
BILLING CODE 4910-13-P