[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Rules and Regulations]
[Pages 66760-66762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30625]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-340-AD; Amendment 39-11437; AD 99-24-13]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-135 and 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 all EMBRAER Model EMB-135 and EMB-145 series 
airplanes. This action requires a revision to the Airplane Flight 
Manual (AFM) to prohibit in-flight operations of the autopilot coupled 
to flight director #2 during certain conditions; and installation of an 
associated warning placard. 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 prevent failure of the autopilot to automatically disconnect from 
flight director #2, as intended, at a low altitude during windshear 
conditions. Such failure could result in reduced controllability of the 
airplane.

DATES: Effective December 15, 1999.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of December 15, 1999.
    Comments for inclusion in the Rules Docket must be received on or 
before December 30, 1999.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-340-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: Angela Compton, 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) 703-6070; 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 all EMBRAER Model EMB-135 and 
EMB-145 series airplanes. The DAC advised that tests indicated that, 
when the autopilot system is coupled to the co-pilot's flight director 
(flight director #2), the autopilot system does not automatically 
disengage when a windshear is detected by the ground proximity warning 
system at a height below 1,500 feet above ground level (AGL). The cause 
of this malfunction has been attributed to a software discrepancy in 
the autoflight IC-600 integrated avionics computer, which causes the 
autopilot to remain engaged in windshear mode. This condition, if not 
corrected, could result in failure of the autopilot to automatically 
disconnect from flight director #2, as designed, at a low altitude 
during windshear conditions, and consequent reduced controllability of 
the airplane.

Explanation of Relevant Service Information

    Embraer has issued Service Bulletin No. 145-31-0017, Change No. 01, 
dated October 22, 1999, which describes procedures for installation of 
a warning placard on the glareshield panel of the cockpit that states, 
``DO NOT OPERATE FLIGHT DIRECTOR #2 COUPLED TO AUTOPILOT BELOW 1,500 
FT. AGL.'' The DAC classified this service bulletin as mandatory and 
issued Brazilian airworthiness directive 1999-10-01, dated October 20, 
1999, in order to assure the continued airworthiness of these airplanes 
in Brazil.

FAA's Conclusions

    These airplane models are manufactured in Brazil and are 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 prevent failure of the 
autopilot to automatically disconnect from flight director #2, as 
intended, at a low altitude during windshear conditions. Such failure 
could result in reduced controllability of the airplane. This AD 
requires a revision to the Limitations section of the FAA-approved 
Airplane Flight Manual (AFM) to provide the flightcrew with revised 
procedures to prohibit in-flight operations of the autopilot coupled to 
flight director #2 below 1,500 feet AGL; and installation of an 
associated warning placard.

Difference Between This AD, the Service Bulletin, and the Brazilian 
Airworthiness Directive

    Operators should note that, although the service bulletin and the 
Brazilian airworthiness directive specify effectivity based on 
manufacturer serial numbers, the applicability of this AD is expanded 
to include all Model EMB-135 and EMB-145 series airplanes. The FAA has 
determined that the autoflight IC-600 integrated avionics computer, 
which is the probable cause of the unsafe condition, is installed on 
all Model EMB-135 and EMB-145 series airplanes.

Interim Action

    This is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
positively address the unsafe condition addressed by this AD. Once this 
modification is developed, approved, and available, the

[[Page 66761]]

FAA may consider additional rulemaking.

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-340-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:

99-24-13  Empresa Brasileira De Aeronautica S.A. (Embraer): 
Amendment 39-11437. Docket 99-NM-340-AD.

    Applicability: All Model EMB-135 and EMB-145 series airplanes, 
certificated in any category.
    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent failure of the autopilot to automatically disconnect 
from flight director #2, as intended, at a low altitude during 
windshear conditions, which could result in reduced controllability 
of the airplane, accomplish the following:

AFM Revision/Placard Installation

    (a) Within 20 flight hours after the effective date of this AD, 
accomplish the actions required by paragraphs (a)(1) and (a)(2) of 
this AD.
    (1) Revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM) to include the following statement. This may be 
accomplished by inserting a copy of this AD into the AFM.
    ``Operations are prohibited with flight director #2 coupled to 
autopilot below 1,500 feet above ground level (AGL).''
    (2) Install a warning placard on the glareshield panel of the 
cockpit in accordance with Embraer Service Bulletin No. 145-31-0017, 
Change No. 01, dated October 22, 1999, which states:
    ``DO NOT OPERATE FLIGHT DIRECTOR #2 COUPLED TO AUTOPILOT BELOW 
1,500 FT. AGL.''

    Note 1: Installation of the warning placard, prior to the 
effective date of this AD, in accordance with Embraer Service 
Bulletin No. 145-31-0017, dated October 15, 1999, is considered 
acceptable for compliance with the requirements of paragraph (a)(2) 
of this AD.

Alternative Methods of Compliance

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

Special Flight Permits

    (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.

Incorporation by Reference

    (d) The placard installation shall be done in accordance with 
Empresa Brasileira De Aeronautica Service Bulletin 145-31-0017, 
Change No. 01, dated October 22, 1999 which contains the following 
list of effective pages:

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                    Revision level shown on
     Page No.                 page                Date shown on page
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1, 2..............  01.....................  October 22, 1999.
3-5...............  Original...............  October 15, 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.


[[Page 66762]]


    Note 3: The subject of this AD is addressed in Brazilian 
airworthiness directive 1999-10-01, dated October 20, 1999.

    (e) This amendment becomes effective on December 15, 1999.

    Issued in Renton, Washington, on November 18, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-30625 Filed 11-29-99; 8:45 am]
BILLING CODE 4910-13-U