[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Proposed Rules]
[Pages 59528-59530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20684]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9049; Directorate Identifier 2016-NM-039-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(Embraer) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Empresa Brasileira de Aeronautica S.A. (Embraer) Empresa 
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ, -135ER, -
135KE, -135KL, and -135LR airplanes; and Model EMB-145, -145ER, -145MR, 
-145LR, -145XR, -145MP, and -145EP airplanes. This proposed AD was 
prompted by reports of main airspeed indication discrepancies during 
flight; these discrepancies resulted from ice blockages in certain 
pitot total pressure lines. This proposed AD would require an 
inspection for tube misalignment of the pitot number 1 and pitot number 
2 tube assembly lines, and corrective actions if necessary; 
installation or replacement (as applicable) of a tube ribbon heater on 
the pitot number 1 and pitot number 2 tube assembly lines; and revision 
of the airplane flight manual (AFM) to provide certain procedures and 
airspeed tables for the flightcrew. We are proposing this AD to detect 
and correct water accumulating and freezing in the pitot number 1 and 
pitot number 2 total pressure lines, which could result in erroneous 
main airspeed indications and consequent reduced ability of the 
flightcrew to maintain safe flight and landing of the airplane.

DATES: We must receive comments on this proposed AD by October 14, 
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Empresa 
Brasileira de Aeronautica S.A. (Embraer), Technical Publications 
Section (PC 060), Av. Brigadeiro Faria Lima, 2170--Putim--12227-901 
S[atilde]o Jose dos Campos--SP--Brasil; telephone +55 12 3927-5852 or 
+55 12 3309-0732; fax +55 12 3927-7546; email [email protected]; 
Internet http://www.flyembraer.com. You may view this referenced 
service information at the FAA, Transport Airplane Directorate, 1601 
Lind Avenue SW., Renton, WA. For information on the availability of 
this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9049; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9049; 
Directorate Identifier 2016-NM-039-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), which 
is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2016-03-01, effective March 11, 2016 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Empresa 
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135 airplanes, and 
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The MCAI states:

    This [Brazilian] AD results from reports of main airspeed 
indication discrepancies during flight. The investigation has 
revealed that Pitot #1 and #2 total pressure line blockage may occur 
due to water accumulation and freezing during heavy rain conditions. 
We are issuing this [Brazilian] AD to prevent water accumulation and 
freezing in the Pitot #1 and Pitot #2 total pressure lines, which 
could result in erroneous main airspeed indications and reduce the 
ability of the flight crew to maintain the safe flight and landing 
of the airplane.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action is required. 
Thus, sufficient reason exists to request compliance with this 
[Brazilian] AD . . . .

    The required actions include a general visual inspection for tube 
misalignment of pitot number 1 and pitot number 2 tube assembly lines. 
Corrective actions include replacement of affected pitot tubes with new 
pitot tubes. The required actions also include installation, or, for 
certain airplanes, replacement, of a tube ribbon heater on the pitot 
number 1 and pitot number 2 tube assembly lines, and revision of the 
AFM to provide certain procedures and airspeed tables for the 
flightcrew. You may examine the MCAI in the AD docket on the Internet 
at http://www.regulations.gov by searching for and locating Docket No. 
FAA-2016-9049.

Related Service Information Under 1 CFR Part 51

    Embraer has issued the following service information.
     Embraer Service Bulletin 145-30-0056, Revision 01, dated 
March 31, 2014; and Embraer Service Bulletin 145LEG-30-0021, dated 
March 31, 2014. This service information describes

[[Page 59529]]

procedures to inspect the pitot pressure tubes for misalignment, 
install new heaters, and perform repairs.
     Embraer Temporary Revision (TR) 19.1, dated April 22, 
2014, to Volume 1 of the Embraer EMB-145 Aircraft Operations Manual 
(AOM) AOM-2014135/1542. This service information contains, among other 
things, the ``Unreliable Airspeed Procedure'' in the Emergency/Abnormal 
Procedures section and the ``Unreliable Airspeed Tables'' 
(corresponding to the airplane configuration) in the Performance 
section.
     Embraer TR 40.2, dated April 4, 2014, to Volume 1, of the 
Embraer EMB-145 AOM AOM-145/1114. This service information contains, 
among other things, the ``Unreliable Airspeed Procedure'' in the 
Emergency/Abnormal Procedures section and the ``Unreliable Airspeed 
Tables'' (corresponding to the airplane configuration) in the 
Performance section.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 668 airplanes of U.S. 
registry.
    We also estimate that it would take up to 5 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $3,254 
per product. Based on these figures, we estimate the cost of this 
proposed AD on U.S. operators to be up to $2,457,572, or up to $3,679 
per product.
    We have received no definitive data that would enable us to provide 
cost estimates for the on-condition actions specified in this proposed 
AD.
    According to the manufacturer, some of the costs of this proposed 
AD may be covered under warranty, thereby reducing the cost impact on 
affected individuals. We do not control warranty coverage for affected 
individuals. As a result, we have included all available costs in our 
cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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.
    For the reasons discussed above, I certify 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);
    3. Will not affect intrastate aviation in Alaska; and
    4. 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
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]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2016-9049; Directorate Identifier 2016-NM-039-AD.

(a) Comments Due Date

    We must receive comments by October 14, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Empresa Brasileira de Aeronautica S.A. 
(Embraer) airplanes, certificated in any category, identified in 
paragraphs (c)(1) through (c)(4) of this AD.
    (1) Model EMB-135ER, EMB-135KE, EMB-135KL, EMB-135LR, EMB-145, 
EMB-145EP, EMB-145ER, EMB-145LR, EMB-145MP, EMB-145MR, and EMB-145XR 
airplanes, as identified in Embraer Service Bulletin 145-30-0056, 
Revision 01, dated March 31, 2014.
    (2) Model EMB-135BJ airplanes, as identified in Embraer Service 
Bulletin 145LEG-30-0021, dated March 31, 2014.
    (3) Model EMB-135ER, EMB-135KE, EMB-135KL, EMB-135LR, EMB-145, 
EMB-145EP, EMB-145ER, EMB-145LR, EMB-145MR, EMB-145MP, and EMB-145XR 
airplanes, manufacturer serial numbers (MSNs) 14501153 and 
subsequent.
    (4) Model EMB-135BJ airplanes, MSNs 14501190 through 14501197 
inclusive, 14501199 through 14501210 inclusive, 14501212 through 
14501227 inclusive, and 14501229 through 14501249 inclusive and 
subsequent.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and rain 
protection.

(e) Reason

    This AD was prompted by reports of main airspeed indication 
discrepancies during flight; these discrepancies resulted from ice 
blockages in certain pitot total pressure lines. We are issuing this 
AD to detect and correct water accumulating and freezing in the 
pitot number 1 and pitot number 2 total pressure lines, which could 
result in erroneous main airspeed indications and consequent reduced 
ability of the flightcrew to maintain safe flight and landing of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Inspection, Corrective Action, and Installation

    (1) For airplanes identified as Group 1 in Embraer Service 
Bulletin 145-30-0056,

[[Page 59530]]

Revision 01, dated March 31, 2014: Within 6,600 flight hours after 
the effective date of this AD, do a general visual inspection for 
tube misalignment on the pitot number 1 and pitot number 2 tube 
assemblies; do all applicable corrective actions; and install a new 
tube ribbon heater on the pitot number 1 and pitot number 2 tube 
assemblies; in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 145-30-0056, Revision 01, dated March 31, 
2014. Do all applicable corrective actions before further flight.
    (2) For airplanes identified as Group 1 in Embraer Service 
Bulletin 145LEG-30-0021, dated March 31, 2014: Within 5,000 flight 
hours or 48 months after the effective date of this AD, whichever 
occurs first, do a general visual inspection for tube misalignment 
on the pitot number 1 and pitot number 2 tube assemblies; do all 
applicable corrective actions; and install a new tube ribbon heater 
on the pitot number 1 and pitot number 2 tube assemblies; in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 145LEG-30-0021, dated March 31, 2014. Do all applicable 
corrective actions before further flight.

(h) Inspection, Corrective Action, and Replacement

    (1) For airplanes identified as Group 2 in Embraer Service 
Bulletin 145-30-0056, Revision 01, dated March 31, 2014: Within 
6,600 flight hours after the effective date of this AD, do a general 
visual inspection for tube misalignment on the pitot number 1 and 
pitot number 2 tube assemblies; do all applicable corrective 
actions; and replace the tube ribbon heater with a new tube ribbon 
heater on the pitot number 1 and pitot number 2 tube assemblies; in 
accordance with the Accomplishment Instructions of Embraer Service 
Bulletin 145-30-0056, Revision 01, dated March 31, 2014. Do all 
applicable corrective actions before further flight.
    (2) For airplanes identified as Group 2 in Embraer Service 
Bulletin 145LEG-30-0021, dated March 31, 2014: Within 5,000 flight 
hours or 48 months after the effective date of this AD, whichever 
occurs first, do a general visual inspection for tube misalignment 
on the pitot number 1 and pitot number 2 tube assemblies; do all 
applicable corrective actions; and replace the tube ribbon heater 
with a new tube ribbon heater on the pitot number 1 and pitot number 
2 tube assemblies; in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 145LEG-30-0021, dated March 
31, 2014. Do all applicable corrective actions before further 
flight.

(i) Airplane Flight Manual (AFM) Revision

    (1) For airplanes identified in paragraphs (c)(1) and (c)(3) of 
this AD: Within 60 days after the effective date of this AD, revise 
the AFM to include the information in the ``Unreliable Airspeed 
Procedure'' in the Emergency/Abnormal Procedures section and the 
``Unreliable Airspeed Tables'' (corresponding to the airplane 
configuration) in the Performance section, as specified in Embraer 
Temporary Revision (TR) 40.2, dated April 4, 2014, to Volume 1, of 
the Embraer EMB-145 Aircraft Operations Manual (AOM) AOM-145/1114 
(``Embraer TR 40.2'').
    (2) For airplanes identified in paragraphs (c)(2) and (c)(4) of 
this AD: Within 60 days after the effective date of this AD, revise 
the AFM to include the information in the ``Unreliable Airspeed 
Procedure'' in the Emergency/Abnormal Procedures section and the 
``Unreliable Airspeed Tables'' (corresponding to the airplane 
configuration) in the Performance section, as specified in Embraer 
TR 19.1, dated April 22, 2014, to Volume 1 of the Embraer EMB-145 
AOM AOM-2014135/1542 (``Embraer TR 19.1'').

(j) AFM Revision Method of Compliance

    The AFM revisions required by paragraphs (i)(1) and (i)(2) of 
this AD may be done by inserting Embraer AOM TR 40.2 or Embraer AOM 
TR 19.1, as applicable, into the AFM. When the applicable Embraer 
AOM TR has been included in general revisions of the AFM, the 
general revisions may be inserted in the AFM, provided the relevant 
information in the general revision is identical to that in Embraer 
AOM TR 40.2 or Embraer AOM TR 19.1, as applicable, and the 
applicable Embraer AOM TR may be removed from the AFM.

(k) Credit for Previous Actions

    This paragraph provides credit for the actions required by 
paragraphs (g)(1) and (h)(1) of this AD, if those actions were 
performed before the effective date of this AD using Embraer Service 
Bulletin 145-30-0056, dated December 19, 2013.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. Information 
may be emailed to: [email protected]. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office. The 
AMOC approval letter must specifically reference this AD.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC); or 
ANAC's authorized Designee. If approved by the ANAC Designee, the 
approval must include the Designee's authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2016-03-01, effective March 
11, 2016, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9049.
    (2) For service information identified in this AD, contact 
Empresa Brasileira de Aeronautica S.A. (Embraer), Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brasil; telephone 
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email 
[email protected]; Internet http://www.flyembraer.com. You may 
view this service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on 
the availability of this material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on August 18, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-20684 Filed 8-29-16; 8:45 am]
 BILLING CODE 4910-13-P