[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Pages 53193-53195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25593]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-198-AD; Amendment 39-11346; AD 99-21-03]
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 amendment adopts a new airworthiness directive (AD) that 
is applicable to certain EMBRAER Model EMB-145 series airplanes. This 
action requires revising the Airplane Flight Manual (AFM) for operation 
in the rain, and modifying the anemometric static ports. This action 
also provides for optional terminating action for the requirements of 
this AD. This amendment is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified in this AD are intended to limit or prohibit the 
use of the autopilot and flight director during the descent and 
approach to land in the rain, and to prevent fluctuations and erratic 
indications in the vertical speed, airspeed, and altitude readings in 
the cockpit during the descent and approach to land in the rain; such 
conditions could result in reduced controllability of the airplane 
during the descent and approach to land in the rain.

DATES: Effective October 18, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of October 18, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before November 1, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-198-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, 
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: Robert Capezzuto, 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 30349; telephone 
(770) 703-6071; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: 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 there have been several occurrences of 
vertical speed, airspeed, and altitude fluctuations, and/or erratic 
indications [which in some cases have even caused autopilot and flight 
director disengagement and ground proximity warning system (GPWS) false 
warnings], during descent and approach to land in the rain. The cause 
of these fluctuations and erratic indications has been attributed to a 
flaw in the design of the anemometric static ports. These conditions, 
if not corrected, could result in reduced controllability of the 
airplane during the descent and approach to land in the rain.

Explanation of Relevant Service Information

    Embraer has issued Service Bulletin No. 145-34-0026, Change No. 01, 
dated June 23, 1999, which describes procedures for modification of the 
central hole of the anemometric static ports and installation of 
nipples between the static ports and their hoses to prevent 
fluctuations and erratic indications in the vertical speed, airspeed, 
and altitude readings in the cockpit during the descent and approach to 
land in the rain. Accomplishment of the actions specified in the 
service bulletin is intended to adequately address the identified 
unsafe condition. The DAC classified this service bulletin as mandatory 
and issued Brazilian airworthiness directive 1999-06-01R2, dated July 
19, 1999, 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 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 require certain AFM 
revisions and a modification of the central hole of the anemometric 
static ports. The modification, along with the optional replacement of 
the current connection adapter installed between the hose ends and the 
static ports with a new nipple adapter, would terminate the 
requirements of this AD. This AD requires accomplishment of the actions 
specified in the service bulletin described previously, except as 
discussed below.

Differences Between This AD and the Foreign AD

    This AD differs from the parallel Brazilian airworthiness directive 
in that this AD imposes a limitation in the AFM to prohibit the use of 
the autopilot or flight director during the approach in the rain. The 
Brazilian airworthiness directive AD instead addresses a CAUTION note 
that specifies hand-flying the airplane or using the autopilot basic 
mode, and relying on the primary flight display (PFD) raw information 
when operating in the rain. In addition, the replacement of calibration 
charts in the AFM following the modification of the static ports, as 
required by this AD, is not addressed by the Brazilian airworthiness 
directive.
    Further, the terminating action (replacement of the current 
connection adapter with a new nipple adapter), provided as optional in 
this AD, is mandated by the Brazilian AD.

Interim Action

    This is considered to be interim action. The FAA is currently 
considering requiring the replacement of the current connection adapter 
with a new nipple adapter, which will

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constitute terminating action for the modification of the central hole 
of the anemometric static ports required by this AD action. However, 
the planned compliance time for the replacement of the current 
connection adapter with a new nipple adapter is sufficiently long so 
that notice and opportunity for prior public comment will be 
practicable.

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 99-NM-198-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:

99-21-03  Empresa Brasileira De Aeronautica S.A. (Embraer): 
Amendment 39-11346. Docket 99-NM-198-AD.

    Applicability: Model EMB-145 series airplanes; serial numbers 
145004 through 145144 inclusive, 145146 through 145149 inclusive, 
and 145152; 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 limit or prohibit the use of the autopilot and flight 
director during the descent and approach to land in the rain, and to 
prevent fluctuations and erratic indications in the vertical speed, 
airspeed, and altitude readings in the cockpit during the descent 
and approach to land in the rain, which could result in reduced 
controllability of the airplane during the descent and approach to 
land in the rain, accomplish the following:

AFM Revisions

    (a) Within 24 hours after the effective date of this AD, revise 
the FAA-approved Airplane Flight Manual (AFM) to include the 
following. This may be accomplished by inserting a copy of this AD 
into the AFM.
    (1) Add the following statement in Section 2, Limitations, under 
AUTOPILOT: ``The use of either the autopilot or flight director is 
prohibited during approach to land when operating in the rain.''
    (2) Add the following CAUTION note in Section 4, Normal 
Procedures, under DESCENT: ``CAUTION: When operating in rain, 
monitor the vertical speed indicator (VSI) and indicated airspeed 
(IAS), and, if oscillations are observed, disengage the autopilot 
and hand-fly the airplane, or use the autopilot basic mode. Rely on 
the standby airspeed and altimeter indications.''
    (3) Add the following NOTE in Section 4, Normal Procedures, 
under APPROACH: ``NOTE: The use of either the autopilot or flight 
director is prohibited during approach to land when operating in the 
rain.''

Modification

    (b) Within 400 flight hours after the effective date of this AD, 
modify the center hole of the anemometric static ports 1, 2, 3, and 
4, located in the left- and right-hand sides of the forward 
fuselage, in accordance with ``PART I'' of Embraer Service Bulletin 
145-34-0026, Change No. 01, dated June 23, 1999. Prior to or upon 
completion of this modification, replace the calibration charts for 
vertical speed, airspeed, and altitude with new charts in the AFM 
reflecting the modifications required by this paragraph, in 
accordance with Embraer AFM 145/1153, Revision 28, dated July 2, 
1999. Accomplishment of this modification constitutes terminating 
action for the requirements of paragraph (a) of this AD.

Optional Terminating Action

    (c) Accomplishment of the requirements of paragraph (b) of this 
AD, together with the replacement of the current connection adapter 
installed between the hose ends and the static ports with a new 
nipple adapter, in accordance with ``PART II'' of Embraer

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Service Bulletin 145-34-0026, Change No. 01, dated June 23, 1999, 
constitutes terminating action for the requirements of this AD.
    (d) As of the effective date of this AD, no person shall install 
on any airplane anemometric static ports 1, 2, 3, and 4, unless they 
have been modified in accordance with paragraph (b) of this AD.

Alternative Methods of Compliance

    (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 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Manager, Atlanta ACO.

Special Flight Permits

    (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.

Incorporation by Reference

    (g) Except as provided by paragraph (a) of this AD, the actions 
shall be done in accordance with Embraer SB 145-34-0026, Change No. 
01, dated June 23, 1999. 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 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 1999-06-01R2, dated July 19, 1999.

    (h) This amendment becomes effective on October 18, 1999.

    Issued in Renton, Washington, on September 27, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-25593 Filed 9-30-99; 8:45 am]
BILLING CODE 4910-13-P