[Federal Register Volume 66, Number 23 (Friday, February 2, 2001)]
[Rules and Regulations]
[Pages 8756-8758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2742]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-16-AD; Amendment 39-12101; AD 2001-02-51]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model EMB-145 and EMB-135 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) 2001-02-51 that was sent 
previously to all known U.S. owners and operators of EMBRAER Model EMB-
145 and EMB-135 series airplanes by individual notices. This AD 
requires revising the FAA-approved airplane flight manual and 
installing placards to alert the flight crew to the maximum speed for 
airplane retrimming after takeoff and during the climb phase. This 
action is prompted by issuance of mandatory continuing airworthiness 
information by a foreign airworthiness authority. The actions specified 
by this AD are intended to prevent high pitch control forces, which 
could result in possible loss of control of the airplane.

DATES: Effective February 7, 2001, to all persons except those persons 
to whom it was made immediately effective by emergency AD 2001-02-51, 
issued January 19, 2001, which contained the requirements of this 
amendment.
    Comments for inclusion in the Rules Docket must be received on or 
before March 5, 2001.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-114, 
Attention: Rules Docket No. 2001-NM-16-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. Comments may be submitted via fax to (425) 227-1232. 
Comments may also be sent via the Internet using the following address: 
[email protected]. Comments sent via fax or the Internet must 
contain ``Docket No. 2001-NM-16-AD'' in the subject line and need not 
be submitted in triplicate. Comments sent via the Internet as attached 
electronic files must be formatted in Microsoft Word 97 for Windows or 
ASCII text.
    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, Atlanta Aircraft Certification Office, One 
Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia.

FOR FURTHER INFORMATION CONTACT: Carla Worthey, Program Manager, 
Program Management and Services Branch, ACE-118A, FAA, Atlanta Aircraft 
Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 
450, Atlanta, Georgia 30349; telephone (770) 703-6062; fax (770) 703-
6097.

SUPPLEMENTARY INFORMATION: On January 19, 2001, the FAA issued 
emergency AD 2001-02-51, which is applicable to certain EMBRAER Model 
EMB-145 and EMB-135 series airplanes.
    That action was prompted by reports of approximately 10 incidents 
involving the temporary loss of pitch trim command after takeoff and 
during the climb phase. On these airplanes, longitudinal trim is 
controlled by positioning the horizontal stabilizer. The actuator for 
the horizontal stabilizer has been identified by the manufacturer and 
the Departmento de Aviacao Civil (DAC), which is the airworthiness 
authority for Brazil, as inadequate and the likely cause of the pitch 
trim problem. If the pilot fails to trim before reaching a certain 
speed, airloads may overpower the actuator, and the horizontal 
stabilizer may fail to move in response to a pitch trim command from 
the flight crew. Currently, the crew would receive no indication of 
this type of pitch trim failure, except for extremely high pitch 
control forces. This condition, if not corrected, could result in 
possible loss of control of the airplane.

Explanation of Relevant Service Information

    EMBRAER has issued Alert Service Bulletin 145-27-A077, dated 
January 8, 2001, which describes procedures for the installation of two 
placards to alert the flight crew to the maximum speed for airplane 
retrimming after takeoff and during the climb phase.
    EMBRAER has also issued EMB145 Airplane Flight Manual 145/1153, 
Revision 43, dated January 11, 2001, which provides information for the 
flight crew concerning the maximum speed for airplane retrimming after 
takeoff and during the climb phase.
    The DAC has classified this service bulletin and the AFM revision 
as mandatory and issued Brazilian airworthiness directive 2001-01-01, 
dated January 18, 2001, in order to ensure 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 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 2001-02-51 to prevent high pitch 
control forces, which could result in possible loss of control of the 
airplane. The AD requires revising the FAA-approved airplane flight 
manual and installing placards to alert the flight crew to the maximum 
speed for airplane retrimming after takeoff and during the climb phase. 
The actions are required to be accomplished in accordance with the 
service bulletin previously described.
    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

[[Page 8757]]

good cause existed to make the AD effective immediately by individual 
notices issued on January 19, 2001, to all known U.S. owners and 
operators of EMBRAER Model EMB-145 and EMB-135 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 2001-NM-16-AD.'' The postcard will be date stamped and 
returned to the commenter.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect 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, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    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, 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:

2001-02-51  Empresa Brasileira de Aeronautica S.A. (EMBRAER): 
Amendment 39-12101. Docket 2001-NM-16-AD.

    Applicability: Model EMB-145 and EMB-135 series airplanes, 
certificated in any category; having any serial number listed below:

145004 through 145103 inclusive
145105 through 145121 inclusive
145123 through 145139 inclusive
145141 through 145153 inclusive
145155 through 145189 inclusive
145191 through 145256 inclusive
145258 through 145262 inclusive
145264 through 145349 inclusive
145351 through 145362 inclusive
145364
145366 through 145369 inclusive

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent high pitch control forces, which could result in 
possible loss of control of the airplane, accomplish the following:

AFM Revision

  (a) Within 3 days after the effective date of this AD, revise the FAA-approved Airplane Flight Manual (AFM),
 as specified by paragraphs (a)(1), (a)(2), (a)(3), and (a)(4) of this AD. This may be accomplished by inserting
 a copy of this AD into the AFM.
  (1) Revise the Limitations Section of the AFM, under ``FLIGHT CONTROLS,'' to include the following.
``PITCH TRIM
Maximum Airspeed after Takeoff/During Climb without          160 KIAS''
 Retrimming.
 
   (2) Revise the Emergency Procedures Section of the AFM, under ``PITCH TRIM INOPERATIVE,'' to delete the
 current information and replace it with the following:
``PITCH TRIM INOPERATIVE
EICAS WARNING: PIT TRIM 1(2) INOP (may be presented)
EICAS CAUTION: AUTO TRIM FAIL (may be presented)
If at least one Message is presented:
    Affected Pitch Trim System.............................  OFF
        Continue the flight with the remaining Pitch Trim
         System.
    If both Pitch Trim Systems are inoperative:
        Pitch Trim Main System.............................  OFF
        Pitch Trim Back Up System..........................  OFF
        Consider landing at the nearest suitable airport.
If no Message is presented:
    Pitch Trim Command.....................................  CHECK ALL SWITCHES
    If any Pitch Trim command is reestablished:
        Continue the flight with the remaining Pitch Trim
         System.
 
 NOTE: When Main Pitch Trim System is INOP, Autopilot is not available.

[[Page 8758]]

 
WARNING: IF PITCH TRIM COMMAND IS NOT REESTABLISHED, DO NOT OPEN SPEEDBRAKE.
 
If pitch trim command is not reestablished and the airplane presents a NOSE UP tendency:
    Airspeed...............................................  REDUCE
 
Airspeed reduction alleviates control column forces and may
 permit
Pitch Trim command to be recovered.
NOTE: Turning the airplane and extending the landing gear
 helps to maintain minimum airspeed with unwanted pitch up
 tendency.
If it is necessary to reduce airspeed below 180 KIAS (or
 200 KIAS in icing conditions), extend flaps to 9 deg. (at
 20,000 ft maximum).
If it is necessary to reduce airspeed below 160 KIAS,
 extend flaps to 22 deg.
Pitch Trim Command.........................................  CHECK ALL SWITCHES
If pitch trim is recovered, retrim the airplane and proceed with flight normally.
If pitch trim is not recovered:
    Consider landing at the nearest suitable airport.
    Approach and landing configuration:
        Landing Gear.......................................  DOWN
        Flaps..............................................  22 deg.
        Airspeed...........................................  VREF 45 + 10 KIAS
 
 CAUTION: TO DETERMINE THE MINIMUM SUITABLE LANDING DISTANCE, MULTIPLY THE UNFACTORED LANDING DISTANCE FOR FLAPS
 45 deg. BY 1.27.
If pitch trim command is not reestablished and the airplane presents a NOSE DOWN tendency:
    Airspeed...............................................  REDUCE AS REQUIRED
    Below 250 KIAS:
        Flaps (at 20,000 ft maximum).......................  9 deg.
    Below 200 KIAS:
        Flaps..............................................  22 deg.
    Approach and landing configuration:
        Landing Gear.......................................  DOWN
        NOTE: Gear extension should be delayed as long as
         possible.
        Flaps..............................................  22 deg.
        Airspeed...........................................  VREF 45 + 25 KIAS
CAUTION: TO DETERMINE THE MINIMUM SUITABLE LANDING DISTANCE, MULTIPLY THE UNFACTORED LANDING DISTANCE FOR FLAPS
 45 deg. BY 1.44.
  (3) Revise the Normal Procedures Section of the AFM, under the ``BEFORE START'' checklist, to delete the
 current information and insert the following:
    ``Trims................................................  CKD/SET
 
 Actuate the pilot and copilot's Pitch Trim Switches and the backup pitch trim switch nose up and then nose
 down, and check correct indication on the EICAS. Hold trim input to verify that the trim motion stops after
 approximately 3 seconds. Set the pitch trim to the units required for takeoff. Set the roll and yaw trims to
 zero.
 



 
 
 
PITCH TRIM UNITS..............................  8...............................       7       6       5     4''
CG POSITION (%)...............................  LESS THAN 25....................      30      35      40      43
 


  (4) In the Normal Procedures Section of the AFM, under the ``AFTER TAKEOFF'' checklist, add the following:
    ``Pitch Trim...........................................  AS REQUIRED
    Keep the airplane trimmed to avoid excessive loads on the Horizontal Stabilizer Actuator (HSA). The airplane
     should be trimmed before 160 KIAS.''
  Note 1: Incorporation of EMB145 AFM 145/1153, Revision 43, dated January 11, 2001, is also acceptable for
 compliance with the requirements of paragraph (a) of this AD.
 

Placard Installation

    (b) Within 3 days after the effective date of this AD, install 
placards P/N 145-46718-001 at two positions on the main control 
panel within the pilot's primary field of view.

    Note 2: Installation per EMBRAER Alert Service Bulletin 145-27-
A077, dated January 8, 2001, is also acceptable for compliance with 
the requirements of paragraph (b) of this AD.

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. 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 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 
emergency airworthiness directive 2001-01-01, dated January 18, 
2001.

Effective Date

    (e) This amendment becomes effective on February 7, 2001, to all 
persons except those persons to whom it was made immediately 
effective by emergency AD 2001-02-51, issued January 19, 2001, which 
contained the requirements of this amendment.

    Issued in Renton, Washington, on January 26, 2001.
Donald L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-2742 Filed 2-1-01; 8:45 am]
BILLING CODE 4910-13-U