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
distrib@embraer.com.br; 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 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
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. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive (AD):
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