[Federal Register Volume 65, Number 93 (Friday, May 12, 2000)]
[Rules and Regulations]
[Pages 30539-30541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11547]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99-NM-305-AD; Amendment 39-11718; AD 2000-09-09]
RIN 2120-AA64


Airworthiness Directives; EMBRAER Model EMB-145 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment supersedes 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 amendment 
requires 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 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 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: Effective June 16, 2000.
    The incorporation by reference of EMBRAER Service Bulletin S.B. 
145-31-0010, dated March 18, 1999, as listed in the regulations, is 
approved by the Director of the Federal Register as of June 16, 2000.
    The incorporation by reference of EMBRAER Alert Service Bulletin, 
S.B. 145-31-A010, dated December 15, 1998, as listed in the 
regulations, was previously approved by the Director of the Federal 
Register as of February 2, 1999 (64 FR 4521, January 29, 1999).

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: 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: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) by superseding AD 99-01-12, 
amendment 39-11015 (64 FR 4521, January 29, 1999), which is applicable 
to certain EMBRAER Model EMB-145 series airplanes, was published in the 
Federal Register on December 29, 1999 (64 FR 72964). The action 
proposed 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. This amendment requires replacement of a 
certain integrated

[[Page 30540]]

computer with a new integrated computer; installation of an upgraded 
integrated computers checklist; and removal of certain placards and 
certain limitations in the AFM.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. No comments were submitted in response 
to the proposal or the FAA's determination of the cost to the public.

Conclusion

    The FAA has determined that air safety and the public interest 
require the adoption of the rule as proposed.

Cost Impact

    There are approximately 46 airplanes of U.S. registry that will be 
affected by this AD.
    The actions that are currently required by AD 99-01-12, and 
retained in this 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 required by this AD action take approximately 
1 work hour per airplane to accomplish, at an average labor rate of $60 
per work hour. Required parts will cost approximately $675 per 
airplane. Based on these figures, the cost impact of the 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 required by this AD action 
takes approximately 1 work hour per airplane to accomplish. Based on 
these figures, the cost impact of the 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 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 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.
    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 removing amendment 39-11015 (64 FR 
4521, January 29, 1999), and by adding a new airworthiness directive 
(AD), amendment 39-11718, to read as follows:

2000-09-09  Empresa Brasileira De Aeronautica S.A. (EMBRAER): 
Amendment 39-11718. 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 S.B. 145-
22-0001, dated May 7, 1998; EMBRAER Service Bulletin S.B. 145-22-
0004, Revision 01, dated July 30, 1998; EMBRAER Service Bulletin 
S.B. 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 Alert Service Bulletin 
S.B. 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

[[Page 30541]]

    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

    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.

Incorporation by Reference

    (e) Except as provided by paragraph (a)(2) of this AD: The 
actions shall be done in accordance with EMBRAER Alert Service 
Bulletin S.B. 145-31-A010, dated December 15, 1998, and EMBRAER 
Service Bulletin S.B. 145-31-0010, dated March 18, 1999.
    (1) The incorporation by reference of EMBRAER Service Bulletin 
S.B. 145-31-0010, dated March 18, 1999, is approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51.
    (2) The incorporation by reference of EMBRAER Alert Service 
Bulletin S.B. 145-31-A010, dated December 15, 1998, was previously 
approved by the Director of the Federal Register as of February 2, 
1999 (64 FR 4521, January 29, 1999).
    (3) 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 98-12-01R1, dated May 26, 1999.

    (f) This amendment becomes effective on June 16, 2000.

    Issued in Renton, Washington, on May 3, 2000.
Vi L. Lipski,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-11547 Filed 5-11-00; 8:45 am]
BILLING CODE 4910-13-U