[Federal Register Volume 64, Number 249 (Wednesday, December 29, 1999)]
[Proposed Rules]
[Pages 72964-72967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33733]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-305-AD]
RIN 2120-AA64


Airworthiness Directives; EMBRAER Model EMB-145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the supersedure of an existing 
airworthiness directive (AD), applicable to certain EMBRAER Model EMB-
145 series airplanes, that currently requires revisions to the Airplane 
Flight Manual (AFM) 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. That 
AD also requires installation of certain warning placards. This action 
would require replacement of a certain integrated computer with a new 
integrated computer; installation of an upgraded integrated computers 
checklist; and removal of certain placards and certain limitations in 
the AFM. This proposal is prompted by issuance of mandatory continuing 
airworthiness information by a foreign civil airworthiness authority. 
The actions specified by the proposed 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: Comments must be received by January 28, 2000.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 99-NM-305-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule 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.

FOR FURTHER INFORMATION CONTACT: Rob 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:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed 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 above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of

[[Page 72965]]

the proposed 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 summarizing each FAA-public 
contact concerned with the substance of this proposal will be filed in 
the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 99-NM-305-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-114, Attention: Rules 
Docket No. 99-NM-305-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On January 21, 1999, the FAA issued AD 99-01-12, amendment 39-11015 
(64 FR 4521, January 29, 1999), applicable to certain EMBRAER Model 
EMB-145 series airplanes, to require 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. That AD also 
requires installation of certain warning placards. That action was 
prompted by a report indicating that, during a flight test of a similar 
airplane model, the pitch trim monitoring subsystem malfunctioned 
internally. The requirements of that 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.

Actions Since Issuance of Previous Rule

    In the preamble to AD 99-01-12, the FAA indicated that the actions 
required by that AD were considered ``interim action'' and that further 
rulemaking action was being considered. The FAA now has determined that 
further rulemaking action is indeed necessary, and this proposed AD 
follows from that determination.

Explanation of Relevant Service Information

    EMBRAER has issued Service Bulletin 145-31-0010, dated March 18, 
1999. The service bulletin describes procedures for replacement of the 
integrated computer IC-600 #1, part number (P/N) 7017000-82402, with a 
new integrated computer, P/N 7017000-82422; installation of an upgraded 
integrated computers checklist; and removal of warning placards, P/N 
145-39641-001, on the left and right sides of the cockpit glare shield 
panel. Accomplishment of the actions specified in the service bulletin 
is intended to adequately address the identified unsafe condition. The 
Departmento de Aviacao Civil (DAC), which is the regulatory authority 
for Brazil, approved this service bulletin and issued Brazilian 
airworthiness directive 98-12-01R1, dated May 26, 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 Proposed 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, the proposed AD would supersede AD 99-01-12 to 
continue to require revisions to the AFM 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. The proposed AD also would continue to require 
installation of certain warning placards. The proposed AD also would 
require accomplishment of the actions specified in the service bulletin 
described previously, except as discussed below.

Differences Between Proposed Rule and Foreign AD

    The proposed AD would differ from the parallel Brazilian 
airworthiness directive in that it would mandate replacement of the 
integrated computer IC-600 #1, P/N 7017000-82402, with a new integrated 
computer, P/N 7017000-82422. The Brazilian airworthiness directive 
provides for that action as an alternative to installation of certain 
warning placards.
    Mandating the terminating action is based on the FAA's 
determination that, in this case, long-term continued operational 
safety would be better assured by a modification to remove the source 
of the problem, rather than by revising flight procedures. The source 
of the unsafe condition (failure of the pitch trim monitoring system) 
is in the design of the pitch trim monitoring system installed on the 
airplane, in that the pitch trim monitoring system failed to detect a 
trim malfunction. In this particular case, there is no way to 
physically prevent the use of the autopilot below 1,500 ft. above 
ground level (AGL), unlike in other situations in which the inadvertent 
positioning of a switch or lever can be remedied by application of a 
limiter or guard to prevent or restrict operation of that switch or 
lever.
    While revising flight procedures ensures that the flight crew is 
informed that an unsafe condition may exist if the autopilot is 
selected below 1,500 ft. AGL, it does not remove the source of that 
unsafe condition. Human factors (e.g., variations in flight crew 
training and familiarity with the airplane, flight crew awareness in 
the presence of other hazards, flight crew fatigue) may allow 
inadvertent selection of the autopilot below 1,500 ft. AGL and result 
in the unsafe condition. Thus, revisions to flight procedures are not 
considered adequate to provide the degree of safety assurance necessary 
for the transport airplane fleet. Consideration of these factors has 
led the FAA to mandate replacement of the integrated computer IC-600 
#1, P/N 7017000-82402, with a new integrated computer, P/N 7017000-
82422; and installation of an integrated computers checklist, if 
applicable, in order to eliminate the unsafe condition associated with 
a failure of the pitch trim monitoring system.
    Operators should also note that, although PART II of Brazilian AD 
98-12-01R1 requires installation of an upgraded integrated computers 
checklist, the FAA has determined that this is only necessary if a 
checklist is currently installed on the airplane.

Explanation of Change to Applicability Statement

    Operators should note that the applicability of the proposed AD 
differs from the applicability of AD 99-01-12 in that it no longer 
affects airplanes

[[Page 72966]]

equipped with IC-600 #1 having P/N 7017000-83402. The DAC has informed 
the FAA that affected airplanes equipped with this IC-600 #1 part 
number are not subject to the identified unsafe condition. Brazilian AD 
98-12-01R1 also reflects this change.

Cost Impact

    There are approximately 46 airplanes of U.S. registry that would be 
affected by this proposed AD.
    The actions that are currently required by AD 99-01-12, and 
retained in this proposed AD, take approximately 1 work hour per 
airplane to accomplish, at an average labor rate of $60 per work hour. 
Based on these figures, the cost impact of the currently required 
actions on U.S. operators is estimated to be $2,760, or $60 per 
airplane.
    The new integrated computer replacement, checklist installation and 
placard removals that are proposed in this AD action would take 
approximately 1 work hour per airplane to accomplish, at an average 
labor rate of $60 per work hour. Required parts would cost 
approximately $675 per airplane. Based on these figures, the cost 
impact of the proposed requirements of this AD on U.S. operators is 
estimated to be $33,810, or $735 per airplane.
    The removal of AFM limitations that is proposed in this AD action 
would take approximately 1 work hour per airplane to accomplish. Based 
on these figures, the cost impact of the proposed requirements of this 
AD on U.S. operators is estimated to be $2,760, or $60 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the current or proposed 
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 proposed herein would 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 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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 copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
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 removing amendment 39-11015 (64 FR 
4521, January 29, 1999), and by adding a new airworthiness directive 
(AD), to read as follows:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket 99-NM-305-
AD. Supersedes AD 99-01-12, Amendment 39-11015.

    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 #1 having part 
number (P/N) 7017000-82402; 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.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise 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 (c) 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 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:

Restatement of Requirements of AD 99-01-12

Placard Installation and AFM Revision

    (a) Within 20 flight hours after February 2, 1999 (the effective 
date of AD 99-01-12, amendment 39-11015), 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 glare shield panel, using double-face 
tape (or similar), in accordance with Embraer Service Bulletin, 145-
31-A010, dated December 15, 1998, which states:
    ``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

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  PITCH TRIM RUNAWAY Procedure............  PERFORM
STABILIZER OUT OF TRIM
  PITCH TRIM RUNAWAY Procedure............  PERFORM''
 

New Requirements of this AD

Terminating Action

    (b) Within 500 flight hours after the effective date of this AD, 
accomplish paragraphs (b)(1) and (b)(2) of this AD. Accomplishment 
of paragraph (b) of this AD constitutes terminating action for the 
requirements of paragraph (a) of this AD.
    (1) Replace the integrated computer IC-600 #1, P/N 7017000-
82402, with a new integrated computer, P/N 7017000-82422; install an 
upgraded integrated computers checklist; and remove warning 
placards, P/N 145-39641-001, on the left and right sides of the 
cockpit glare shield panel required by paragraph (a)(1) of this AD; 
in accordance with EMBRAER Service Bulletin S.B. 145-31-0010, dated 
March 18, 1999.

    Note 2: Installation of an upgraded integrated computers 
checklist is required only if an integrated computers checklist is 
currently installed on the airplane.

    (2) Remove the limitations required by paragraphs (a)(2), 
(a)(3), and (a)(4) of this AD from the AFM.

Alternative Methods of Compliance

    (c) 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/Operations 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.

Special Flight Permits

    (d) 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.

    Note 4: The subject of this AD is addressed in Brazilian 
airworthiness directive 98-12-01R1, dated May 26, 1999.

    Issued in Renton, Washington, on December 22, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 99-33733 Filed 12-28-99; 8:45 am]
BILLING CODE 4910-13-U