Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (EMBRAER) Model EMB-145 Series Airplanes

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98-NM-41-AD; Amendment 39-10651; AD 98-15-01]

RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.

(EMBRAER) Model EMB-145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD),

applicable to certain EMBRAER Model EMB-145 series airplanes, that

requires a one-time inspection to detect bulging or cracking of the

pitot 1 and pitot 2 drain tubes in the forward electronic compartment;

and cleaning the tubes or replacing drain tubes with new tubes, if

necessary. This amendment also requires modification of the pitot/

static system. This amendment is prompted by issuance of mandatory

continuing airworthiness information by a foreign civil airworthiness

authority. The actions specified by this AD are intended to detect and

correct bulging and cracking of the pitot 1 and pitot 2 drain tubes in

the forward electronic compartment caused by cycles of water freezing

and expanding inside the tubes, which could result in erroneous

airspeed indications to the flight crew and reduced operational safety

in all phases of flight.

DATES: Effective August 19, 1998.

The incorporation by reference of certain publications listed in

the regulations is approved by the Director of the Federal Register as

of August 19, 1998.

ADDRESSES: 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 Federal Aviation Administration (FAA), Transport

Airplane Directorate, Rules Docket, 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: Neil Berryman, 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 30337-2748;

telephone (770) 703-6066; fax (770) 703-6097.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to include an airworthiness

directive (AD) that is applicable to certain EMBRAER Model EMB-145

series airplanes was published in the Federal Register on April 8, 1998

(63 FR 17130). That action proposed to require a one-time inspection to

detect bulging or cracking of the pitot 1 and pitot 2 drain tubes in

the forward electronic compartment; and cleaning the tubes or replacing

drain tubes with new tubes, if necessary. That action also proposed

modification of the pitot/static system.

Comments

Interested persons have been afforded an opportunity to participate

in the making of this amendment. Due consideration has been given to

the single comment received.

[[Page 38078]]

Request to Provide Option for Compliance With Inspection

One commenter suggests that clarification should be added to

paragraph (b) of the proposed AD to specify that if operators have

accomplished the actions described in EMBRAER Service Bulletin 145-34-

0008, it is no longer necessary to accomplish the one-time visual

inspection described in EMBRAER Service Bulletin 145-34-0010, as

required by paragraph (a) of the proposed AD. The commenter states that

EMBRAER Service Bulletin 145-34-0008 accomplishes the same system check

as that specified in EMBRAER Service Bulletin 145-34-0010 and, in

addition, replaces the problem lines.

The FAA agrees that accomplishment of the actions specified in

EMBRAER Service Bulletin 145-34-0008, dated September 10, 1997, would

eliminate the need to accomplish the one-time visual inspection

described in EMBRAER Service Bulletin 145-34-0010, Change 01, dated

September 25, 1997. A new paragraph (c) has been added to this final

rule to remove the requirement to accomplish paragraph (a) if the

action required by paragraph (b) has been accomplished prior to the

effective date of this AD, or is accomplished within the compliance

time specified in paragraph (a).

Conclusion

After careful review of the available data, including the comment

noted above, the FAA has determined that air safety and the public

interest require the adoption of the rule with the change previously

described. The FAA has determined that this change will neither

increase the economic burden on any operator nor increase the scope of

the AD.

Cost Impact

The FAA estimates that 15 airplanes of U.S. registry will be

affected by this AD.

It will take approximately 2 work hours per airplane to accomplish

the required inspection, at an average labor rate of $60 per work hour.

Based on these figures, the cost impact of the inspection required by

this AD on U.S. operators is estimated to be $1,800, or $120 per

airplane.

In addition, it will take approximately 2 work hours per airplane

to accomplish the modification required by this AD, at an average labor

rate of $60 per work hour. Required parts will be supplied by the

manufacturer at no cost to the operators. Based on these figures, the

cost impact of the modification required by this AD on U.S. operators

is estimated to be $1,800, or $120 per airplane.

The cost impact figure discussed above is based on assumptions that

no operator has yet accomplished any of the 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 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.

For the reasons discussed above, I certify that this action (1) is

not a ``significant regulatory action'' under Executive Order 12866;

(2) is not a ``significant rule'' under DOT Regulatory Policies and

Procedures (44 FR 11034, February 26, 1979); and (3) 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 final evaluation has been prepared for this action

and it is contained in the Rules Docket. A copy of it 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:

98-15-01 Empresa Brasileira de Aeronautica, S.A. (EMBRAER):

Amendment 39-10651. Docket 98-NM-41-AD.

Applicability: Model EMB-145 series airplanes, serial numbers

145004 through 145028 inclusive; certificated in any category.

Note 1: This AD applies to each airplane identified in the

preceding applicability provision, regardless of whether it has been

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 (e) 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 detect and correct bulging and cracking of the pitot 1 and

pitot 2 drain tubes in the forward electronic compartment, which

could result in erroneous airspeed indications to the flight crew

and reduced operational safety in all phases of flight, accomplish

the following:

(a) Except as provided by paragraph (c) of this AD, within 50

hours time-in-service after the effective date of this AD, perform a

one-time visual inspection to detect bulging or cracking of the

pitot 1 and pitot 2 drain tubes in the forward electronic

compartment, in accordance with EMBRAER Service Bulletin 145-34-

0010, Change 01, dated September 25, 1997.

(1) If no bulging or cracking is detected, prior to further

flight, clean the pitot tubes in accordance with the service

bulletin.

(2) If any bulging or cracking is detected in any drain tube,

prior to further flight, replace the pitot drain tube with a new

tube in accordance with the service bulletin.

Note 2: Accomplishment of the visual inspection, cleaning, or

replacement of the pitot 1 and pitot 2 drain tubes prior to the

effective date of this AD in accordance with EMBRAER Service

Bulletin 145-34-0010, dated July 25, 1997, is considered acceptable

for compliance with the applicable action specified by paragraph (a)

of this AD.

(b) Within 400 hours time-in-service after the effective date of

this AD: Modify the pitot/static system in accordance with EMBRAER

Service Bulletin 145-34-0008, dated September 10, 1997.

(c) For airplanes on which the modification required by

paragraph (b) of this AD has been accomplished prior to the

effective date of this AD, or is accomplished within the compliance

time specified in paragraph (a) of this AD (i.e., within 50 hours

time-in-service after the effective date of this AD), the one-

[[Page 38079]]

time visual inspection specified in paragraph (a) of this AD is not

required.

(d) As of the effective date of this AD, no person shall install

a pitot/static system on any airplane, unless it has been modified

in accordance with EMBRAER Service Bulletin 145-34-0008, dated

September 10, 1997.

(e) 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 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.

(f) 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.

(g) The actions shall be done in accordance with the following

EMBRAER service bulletins, which contain the specified list of

effective pages:

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Page number

Service bulletin referenced and date shown on Revision level shown on Date shown on page

page page

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145-34-0010, Change 01, September 1, 2 1......................... September 25, 1997.

25, 1997.

3-9 Original.................. July 25, 1997.

145-34-0008, September 10, 1997..... 1-22 Original.................. September 10, 1997.

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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.

Note 4: The subject of this AD is addressed in Brazilian

airworthiness directive 97-07-12R1, dated November 3, 1997.

(h) This amendment becomes effective on August 19, 1998.

Issued in Renton, Washington, on July 6, 1998.

John J. Hickey,

Acting Manager, Transport Airplane Directorate, Aircraft Certification

Service.

[FR Doc. 98-18470 Filed 7-14-98; 8:45 am]

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