[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Rules and Regulations]
[Pages 11314-11317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03259]


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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; 
Amendment 39-18807; AD 2017-04-12]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135BJ, EMB-
135ER, EMB-135KE, EMB-135KL, EMB-135LR, EMB-145, EMB-145EP, EMB-145ER, 
EMB-145LR, EMB-145MP, EMB-145MR, and EMB-145XR airplanes. 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. This AD requires 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 issuing this AD to address the unsafe condition on 
these products.

DATES: This AD is effective March 29, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 29, 
2017.

ADDRESSES: For service information identified in this final rule, 
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. It is also 
available on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2016-9049.

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 AD, the regulatory evaluation, any comments received, and 
other information. The street address for the Docket Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to certain 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. The NPRM published in the Federal 
Register on August 30, 2016 (81 FR 59528) (``the NPRM''). The NPRM was 
prompted by reports of main airspeed indication discrepancies during 
flight; these discrepancies resulted from ice blockages in certain 
pitot total pressure lines. The NPRM proposed to 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 AFM to 
provide certain procedures and airspeed tables for the flightcrew. 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.
    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

[[Page 11315]]

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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The Air Line Pilots 
Association, International supported the NPRM.

Changes Since the NPRM Was Issued

    We have revised this AD to refer to Embraer Service Bulletin 145-
30-0056, Revision 03, dated February 6, 2015. The service information 
specifies that no additional work is needed if the actions in Embraer 
Service Bulletin 145-30-0056, Revision 01, dated March 31, 2014; or 
Revision 02, dated December 10, 2014; have been accomplished. We have 
revised paragraph (k) of this AD to provide credit for actions done 
prior to the effective date of this AD using Embraer Service Bulletin 
145-30-0056, Revision 01, dated March 31, 2014; or Revision 02, dated 
December 10, 2014.

Conclusion

    We reviewed the relevant data, considered the comment received, and 
determined that air safety and the public interest require adopting 
this AD with the changes described previously and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Embraer has issued the following service information.
     Embraer Service Bulletin 145-30-0056, Revision 03, dated 
February 6, 2015; and Embraer Service Bulletin 145LEG-30-0021, dated 
March 31, 2014. This service information describes procedures to 
inspect the pitot pressure tubes for misalignment, install new heaters, 
and perform repairs. These documents are distinct since they apply to 
different airplane models.
     Embraer Temporary Revision (TR) 19.1, dated April 22, 
2014, to Volume 1 of the Embraer Legacy Aircraft Operations Manual 
(AOM) AOM-135/1542-01. 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-145/1114-01. 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.

Costs of Compliance

    We estimate that this AD affects 668 airplanes of U.S. registry.
    We also estimate that it will take up to 5 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $3,254 per 
product. Based on these figures, we estimate the cost of this 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 will enable us to provide 
cost estimates for the on-condition actions specified in this AD.
    According to the manufacturer, some of the costs of this 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 AD will not have federalism implications 
under Executive Order 13132. This AD 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.
    For the reasons discussed above, I certify that this AD:
    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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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.

[[Page 11316]]

Sec.  39.13   [Amended]

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

2017-04-12 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-18807; Docket No. FAA-2016-9049; Directorate Identifier 
2016-NM-039-AD.

(a) Effective Date

    This AD is effective March 29, 2017.

(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 03, dated February 6, 2015.
    (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, 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, Revision 03, dated February 6, 2015: 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 03, dated February 6, 2015. 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 03, dated February 6, 2015: 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 03, dated February 6, 2015. 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-145/1114-01 
(``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-135/1542-01 (``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; Revision 01, dated 
March 31, 2014; or Revision 02, dated December 10, 2014.

(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.
    (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,

[[Page 11317]]

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) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Embraer Service Bulletin 145-30-0056, Revision 03, dated 
February 6, 2015.
    (ii) Embraer Service Bulletin 145LEG-30-0021, dated March 31, 
2014.
    (iii) Embraer Temporary Revision 19.1, dated April 22, 2014, to 
Volume 1 of the Embraer Legacy Aircraft Operations Manual AOM-135/
1542-01.
    (iv) Embraer Temporary Revision 40.2, dated April 4, 2014, to 
Volume 1, of the Embraer EMB-145 Aircraft Operations Manual AOM-145/
1114-01.
    (3) 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
    (4) 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.


    Issued in Renton, Washington, on February 3, 2017.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-03259 Filed 2-21-17; 8:45 am]
 BILLING CODE 4910-13-P