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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 inclu-
    sive, 14501229 through 14501249 inclusive, and subsequent.

(d) SUBJECT

    Air Transport Association (ATA) of America Code 30,  Ice and rain pro-
    tection.

(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 al-
    ready 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: 9-ANM-116-AMOC-REQUESTS@faa.gov. 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  Agencia
    Nacional de Aviacao  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 locat-
    ing 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 Sao
    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

(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.

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

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.

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

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):