81_FR_59696 81 FR 59528 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes

81 FR 59528 - Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. (Embraer) Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 168 (August 30, 2016)

Page Range59528-59530
FR Document2016-20684

We propose to adopt a new airworthiness directive (AD) for certain Empresa Brasileira de Aeronautica S.A. (Embraer) 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. This proposed 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 proposed AD would 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 airplane flight manual (AFM) to provide certain procedures and airspeed tables for the flightcrew. We are proposing 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.

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Proposed Rules]
[Pages 59528-59530]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20684]


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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]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Empresa Brasileira de Aeronautica S.A. (Embraer) 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. This proposed 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 proposed AD would 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 airplane flight manual (AFM) to provide certain procedures and 
airspeed tables for the flightcrew. We are proposing 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.

DATES: We must receive comments on this proposed AD by October 14, 
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, 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.

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 proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone 800-647-5527) is in the ADDRESSES section. 
Comments will be available in the AD docket shortly after receipt.

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:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2016-9049; 
Directorate Identifier 2016-NM-039-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    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.

Related Service Information Under 1 CFR Part 51

    Embraer has issued the following service information.
     Embraer Service Bulletin 145-30-0056, Revision 01, dated 
March 31, 2014; and Embraer Service Bulletin 145LEG-30-0021, dated 
March 31, 2014. This service information describes

[[Page 59529]]

procedures to inspect the pitot pressure tubes for misalignment, 
install new heaters, and perform repairs.
     Embraer Temporary Revision (TR) 19.1, dated April 22, 
2014, to Volume 1 of the Embraer EMB-145 Aircraft Operations Manual 
(AOM) AOM-2014135/1542. 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. 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.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of these 
same type designs.

Costs of Compliance

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

The Proposed Amendment

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


Sec.  39.13  [Amended]

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

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2016-9049; Directorate Identifier 2016-NM-039-AD.

(a) Comments Due Date

    We must receive comments by October 14, 2016.

(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 01, dated March 31, 2014.
    (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, and 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,

[[Page 59530]]

Revision 01, dated March 31, 2014: 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 01, dated March 31, 
2014. 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 01, dated March 31, 2014: 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 01, dated March 31, 2014. 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 
(``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-2014135/1542 (``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.

(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. The 
AMOC approval letter must specifically reference this AD.
    (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, 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) 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. 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.

    Issued in Renton, Washington, on August 18, 2016.
Dorr M. Anderson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-20684 Filed 8-29-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                    59528                  Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Proposed Rules

                                                      Issued in Fort Worth, Texas, on August 19,              • Fax: 202–493–2251.                                  We will post all comments we
                                                    2016.                                                     • Mail: U.S. Department of                          receive, without change, to http://
                                                    Scott A. Horn,                                          Transportation, Docket Operations, M–                 www.regulations.gov, including any
                                                    Acting Manager, Rotorcraft Directorate,                 30, West Building Ground Floor, Room                  personal information you provide. We
                                                    Aircraft Certification Service.                         W12–140, 1200 New Jersey Avenue SE.,                  will also post a report summarizing each
                                                    [FR Doc. 2016–20672 Filed 8–29–16; 8:45 am]             Washington, DC 20590.                                 substantive verbal contact we receive
                                                    BILLING CODE 4910–13–P                                    • Hand Delivery: Deliver to Mail                    about this proposed AD.
                                                                                                            address above between 9 a.m. and 5
                                                                                                            p.m., Monday through Friday, except                   Discussion
                                                    DEPARTMENT OF TRANSPORTATION                            Federal holidays.                                        Agência Nacional de Aviação Civil
                                                                                                              For service information identified in               (ANAC), which is the aviation authority
                                                    Federal Aviation Administration                         this NPRM, contact Empresa Brasileira                 for Brazil, has issued Brazilian
                                                                                                            de Aeronautica S.A. (Embraer),                        Airworthiness Directive 2016–03–01,
                                                    14 CFR Part 39                                          Technical Publications Section (PC                    effective March 11, 2016 (referred to
                                                    [Docket No. FAA–2016–9049; Directorate                  060), Av. Brigadeiro Faria Lima, 2170—                after this as the Mandatory Continuing
                                                    Identifier 2016–NM–039–AD]                              Putim—12227–901 São Jose dos                         Airworthiness Information, or ‘‘the
                                                                                                            Campos—SP—Brasil; telephone +55 12                    MCAI’’), to correct an unsafe condition
                                                    RIN 2120–AA64                                           3927–5852 or +55 12 3309–0732; fax                    for certain Empresa Brasileira de
                                                                                                            +55 12 3927–7546; email distrib@                      Aeronautica S.A. (Embraer) Model
                                                    Airworthiness Directives; Empresa
                                                                                                            embraer.com.br; Internet http://                      EMB–135 airplanes, and Model EMB–
                                                    Brasileira de Aeronautica S.A.
                                                                                                            www.flyembraer.com. You may view                      145, –145ER, –145MR, –145LR, –145XR,
                                                    (Embraer) Airplanes
                                                                                                            this referenced service information at                –145MP, and –145EP airplanes. The
                                                    AGENCY: Federal Aviation                                the FAA, Transport Airplane                           MCAI states:
                                                    Administration (FAA), DOT.                              Directorate, 1601 Lind Avenue SW.,
                                                                                                                                                                     This [Brazilian] AD results from reports of
                                                    ACTION: Notice of proposed rulemaking                   Renton, WA. For information on the                    main airspeed indication discrepancies
                                                    (NPRM).                                                 availability of this material at the FAA,             during flight. The investigation has revealed
                                                                                                            call 425–227–1221.                                    that Pitot #1 and #2 total pressure line
                                                    SUMMARY:    We propose to adopt a new                                                                         blockage may occur due to water
                                                    airworthiness directive (AD) for certain                Examining the AD Docket
                                                                                                                                                                  accumulation and freezing during heavy rain
                                                    Empresa Brasileira de Aeronautica S.A.                     You may examine the AD docket on                   conditions. We are issuing this [Brazilian]
                                                    (Embraer) Empresa Brasileira de                         the Internet at http://                               AD to prevent water accumulation and
                                                    Aeronautica S.A. (Embraer) Model                        www.regulations.gov by searching for                  freezing in the Pitot #1 and Pitot #2 total
                                                    EMB–135BJ, –135ER, –135KE, –135KL,                      and locating Docket No. FAA–2016–                     pressure lines, which could result in
                                                    and –135LR airplanes; and Model EMB–                    9049; or in person at the Docket                      erroneous main airspeed indications and
                                                    145, –145ER, –145MR, –145LR, –145XR,                    Management Facility between 9 a.m.                    reduce the ability of the flight crew to
                                                                                                                                                                  maintain the safe flight and landing of the
                                                    –145MP, and –145EP airplanes. This                      and 5 p.m., Monday through Friday,                    airplane.
                                                    proposed AD was prompted by reports                     except Federal holidays. The AD docket                   Since this condition may occur in other
                                                    of main airspeed indication                             contains this proposed AD, the                        airplanes of the same type and affects flight
                                                    discrepancies during flight; these                      regulatory evaluation, any comments                   safety, a corrective action is required. Thus,
                                                    discrepancies resulted from ice                         received, and other information. The                  sufficient reason exists to request compliance
                                                    blockages in certain pitot total pressure               street address for the Docket Operations              with this [Brazilian] AD . . . .
                                                    lines. This proposed AD would require                   office (telephone 800–647–5527) is in                   The required actions include a general
                                                    an inspection for tube misalignment of                  the ADDRESSES section. Comments will                  visual inspection for tube misalignment
                                                    the pitot number 1 and pitot number 2                   be available in the AD docket shortly                 of pitot number 1 and pitot number 2
                                                    tube assembly lines, and corrective                     after receipt.                                        tube assembly lines. Corrective actions
                                                    actions if necessary; installation or                   FOR FURTHER INFORMATION CONTACT:                      include replacement of affected pitot
                                                    replacement (as applicable) of a tube                   Todd Thompson, Aerospace Engineer,                    tubes with new pitot tubes. The
                                                    ribbon heater on the pitot number 1 and                 International Branch, ANM–116,                        required actions also include
                                                    pitot number 2 tube assembly lines; and                 Transport Airplane Directorate, FAA,                  installation, or, for certain airplanes,
                                                    revision of the airplane flight manual                  1601 Lind Avenue SW., Renton, WA                      replacement, of a tube ribbon heater on
                                                    (AFM) to provide certain procedures                     98057–3356; telephone 425–227–1175;                   the pitot number 1 and pitot number 2
                                                    and airspeed tables for the flightcrew.                 fax 425–227–1149.                                     tube assembly lines, and revision of the
                                                    We are proposing this AD to detect and                  SUPPLEMENTARY INFORMATION:                            AFM to provide certain procedures and
                                                    correct water accumulating and freezing                                                                       airspeed tables for the flightcrew. You
                                                    in the pitot number 1 and pitot number                  Comments Invited
                                                                                                                                                                  may examine the MCAI in the AD
                                                    2 total pressure lines, which could                       We invite you to send any written                   docket on the Internet at http://
                                                    result in erroneous main airspeed                       relevant data, views, or arguments about              www.regulations.gov by searching for
                                                    indications and consequent reduced                      this proposed AD. Send your comments                  and locating Docket No. FAA–2016–
                                                    ability of the flightcrew to maintain safe              to an address listed under the                        9049.
                                                    flight and landing of the airplane.                     ADDRESSES section. Include ‘‘Docket No.
                                                    DATES: We must receive comments on                      FAA–2016–9049; Directorate Identifier                 Related Service Information Under 1
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                                                    this proposed AD by October 14, 2016.                   2016–NM–039–AD’’ at the beginning of                  CFR Part 51
                                                    ADDRESSES: You may send comments,                       your comments. We specifically invite                   Embraer has issued the following
                                                    using the procedures found in 14 CFR                    comments on the overall regulatory,                   service information.
                                                    11.43 and 11.45, by any of the following                economic, environmental, and energy                     • Embraer Service Bulletin 145–30–
                                                    methods:                                                aspects of this proposed AD. We will                  0056, Revision 01, dated March 31,
                                                       • Federal eRulemaking Portal: Go to                  consider all comments received by the                 2014; and Embraer Service Bulletin
                                                    http://www.regulations.gov. Follow the                  closing date and may amend this                       145LEG–30–0021, dated March 31,
                                                    instructions for submitting comments.                   proposed AD based on those comments.                  2014. This service information describes


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                                                                           Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Proposed Rules                                               59529

                                                    procedures to inspect the pitot pressure                individuals. We do not control warranty               PART 39—AIRWORTHINESS
                                                    tubes for misalignment, install new                     coverage for affected individuals. As a               DIRECTIVES
                                                    heaters, and perform repairs.                           result, we have included all available
                                                       • Embraer Temporary Revision (TR)                    costs in our cost estimate.                           ■ 1. The authority citation for part 39
                                                    19.1, dated April 22, 2014, to Volume 1                                                                       continues to read as follows:
                                                    of the Embraer EMB–145 Aircraft                         Authority for This Rulemaking
                                                                                                                                                                      Authority: 49 U.S.C. 106(g), 40113, 44701.
                                                    Operations Manual (AOM) AOM–                               Title 49 of the United States Code
                                                    2014135/1542. This service information                                                                        § 39.13    [Amended]
                                                                                                            specifies the FAA’s authority to issue
                                                    contains, among other things, the                       rules on aviation safety. Subtitle I,                 ■ 2. The FAA amends § 39.13 by adding
                                                    ‘‘Unreliable Airspeed Procedure’’ in the                section 106, describes the authority of               the following new airworthiness
                                                    Emergency/Abnormal Procedures                           the FAA Administrator. ‘‘Subtitle VII:                directive (AD):
                                                    section and the ‘‘Unreliable Airspeed                   Aviation Programs,’’ describes in more                Empresa Brasileira de Aeronautica S.A.
                                                    Tables’’ (corresponding to the airplane                 detail the scope of the Agency’s                         (Embraer): Docket No. FAA–2016–9049;
                                                    configuration) in the Performance                       authority.                                               Directorate Identifier 2016–NM–039–AD.
                                                    section.                                                                                                      (a) Comments Due Date
                                                       • Embraer TR 40.2, dated April 4,                       We are issuing this rulemaking under
                                                    2014, to Volume 1, of the Embraer                       the authority described in ‘‘Subtitle VII,              We must receive comments by October 14,
                                                                                                            Part A, Subpart III, Section 44701:                   2016.
                                                    EMB–145 AOM AOM–145/1114. This
                                                    service information contains, among                     General requirements.’’ Under that                    (b) Affected ADs
                                                    other things, the ‘‘Unreliable Airspeed                 section, Congress charges the FAA with                  None.
                                                    Procedure’’ in the Emergency/Abnormal                   promoting safe flight of civil aircraft in
                                                                                                            air commerce by prescribing regulations               (c) Applicability
                                                    Procedures section and the ‘‘Unreliable
                                                    Airspeed Tables’’ (corresponding to the                 for practices, methods, and procedures                   This AD applies to the Empresa Brasileira
                                                                                                            the Administrator finds necessary for                 de Aeronautica S.A. (Embraer) airplanes,
                                                    airplane configuration) in the                                                                                certificated in any category, identified in
                                                    Performance section.                                    safety in air commerce. This regulation
                                                                                                            is within the scope of that authority                 paragraphs (c)(1) through (c)(4) of this AD.
                                                       This service information is reasonably                                                                        (1) Model EMB–135ER, EMB–135KE,
                                                    available because the interested parties                because it addresses an unsafe condition              EMB–135KL, EMB–135LR, EMB–145, EMB–
                                                    have access to it through their normal                  that is likely to exist or develop on                 145EP, EMB–145ER, EMB–145LR, EMB–
                                                    course of business or by the means                      products identified in this rulemaking                145MP, EMB–145MR, and EMB–145XR
                                                    identified in the ADDRESSES section.                    action.                                               airplanes, as identified in Embraer Service
                                                                                                                                                                  Bulletin 145–30–0056, Revision 01, dated
                                                    FAA’s Determination and Requirements                    Regulatory Findings                                   March 31, 2014.
                                                    of This Proposed AD                                                                                              (2) Model EMB–135BJ airplanes, as
                                                                                                              We determined that this proposed AD                 identified in Embraer Service Bulletin
                                                      This product has been approved by                     would not have federalism implications                145LEG–30–0021, dated March 31, 2014.
                                                    the aviation authority of another                       under Executive Order 13132. This                        (3) Model EMB–135ER, EMB–135KE,
                                                    country, and is approved for operation                  proposed AD would not have a                          EMB–135KL, EMB–135LR, EMB–145, EMB–
                                                    in the United States. Pursuant to our                   substantial direct effect on the States, on           145EP, EMB–145ER, EMB–145LR, EMB–
                                                    bilateral agreement with the State of                   the relationship between the national                 145MR, EMB–145MP, and EMB–145XR
                                                    Design Authority, we have been notified                 Government and the States, or on the                  airplanes, manufacturer serial numbers
                                                                                                            distribution of power and                             (MSNs) 14501153 and subsequent.
                                                    of the unsafe condition described in the
                                                                                                                                                                     (4) Model EMB–135BJ airplanes, MSNs
                                                    MCAI and service information                            responsibilities among the various                    14501190 through 14501197 inclusive,
                                                    referenced above. We are proposing this                 levels of government.                                 14501199 through 14501210 inclusive,
                                                    AD because we evaluated all pertinent                     For the reasons discussed above, I                  14501212 through 14501227 inclusive, and
                                                    information and determined an unsafe                    certify this proposed regulation:                     14501229 through 14501249 inclusive and
                                                    condition exists and is likely to exist or                                                                    subsequent.
                                                                                                              1. Is not a ‘‘significant regulatory
                                                    develop on other products of these same                                                                       (d) Subject
                                                                                                            action’’ under Executive Order 12866;
                                                    type designs.
                                                                                                              2. Is not a ‘‘significant rule’’ under the            Air Transport Association (ATA) of
                                                    Costs of Compliance                                     DOT Regulatory Policies and Procedures                America Code 30, Ice and rain protection.
                                                       We estimate that this proposed AD                    (44 FR 11034, February 26, 1979);                     (e) Reason
                                                    affects 668 airplanes of U.S. registry.                   3. Will not affect intrastate aviation in              This AD was prompted by reports of main
                                                       We also estimate that it would take up               Alaska; and                                           airspeed indication discrepancies during
                                                    to 5 work-hours per product to comply                                                                         flight; these discrepancies resulted from ice
                                                                                                              4. Will not have a significant                      blockages in certain pitot total pressure lines.
                                                    with the basic requirements of this
                                                                                                            economic impact, positive or negative,                We are issuing this AD to detect and correct
                                                    proposed AD. The average labor rate is
                                                                                                            on a substantial number of small entities             water accumulating and freezing in the pitot
                                                    $85 per work-hour. Required parts
                                                                                                            under the criteria of the Regulatory                  number 1 and pitot number 2 total pressure
                                                    would cost about $3,254 per product.
                                                                                                            Flexibility Act.                                      lines, which could result in erroneous main
                                                    Based on these figures, we estimate the                                                                       airspeed indications and consequent reduced
                                                    cost of this proposed AD on U.S.                        List of Subjects in 14 CFR Part 39                    ability of the flightcrew to maintain safe
                                                    operators to be up to $2,457,572, or up                                                                       flight and landing of the airplane.
                                                    to $3,679 per product.                                    Air transportation, Aircraft, Aviation
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                                                                                                            safety, Incorporation by reference,                   (f) Compliance
                                                       We have received no definitive data
                                                    that would enable us to provide cost                    Safety.                                                  Comply with this AD within the
                                                    estimates for the on-condition actions                                                                        compliance times specified, unless already
                                                                                                            The Proposed Amendment                                done.
                                                    specified in this proposed AD.
                                                       According to the manufacturer, some                    Accordingly, under the authority                    (g) Inspection, Corrective Action, and
                                                    of the costs of this proposed AD may be                 delegated to me by the Administrator,                 Installation
                                                    covered under warranty, thereby                         the FAA proposes to amend 14 CFR part                    (1) For airplanes identified as Group 1 in
                                                    reducing the cost impact on affected                    39 as follows:                                        Embraer Service Bulletin 145–30–0056,



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                                                    59530                  Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Proposed Rules

                                                    Revision 01, dated March 31, 2014: Within               Embraer EMB–145 Aircraft Operations                   (m) Related Information
                                                    6,600 flight hours after the effective date of          Manual (AOM) AOM–145/1114 (‘‘Embraer                     (1) Refer to Mandatory Continuing
                                                    this AD, do a general visual inspection for             TR 40.2’’).                                           Airworthiness Information (MCAI) Brazilian
                                                    tube misalignment on the pitot number 1 and                (2) For airplanes identified in paragraphs         Airworthiness Directive 2016–03–01,
                                                    pitot number 2 tube assemblies; do all                  (c)(2) and (c)(4) of this AD: Within 60 days          effective March 11, 2016, for related
                                                    applicable corrective actions; and install a            after the effective date of this AD, revise the       information. This MCAI may be found in the
                                                    new tube ribbon heater on the pitot number              AFM to include the information in the                 AD docket on the Internet at http://
                                                    1 and pitot number 2 tube assemblies; in                ‘‘Unreliable Airspeed Procedure’’ in the
                                                                                                                                                                  www.regulations.gov by searching for and
                                                    accordance with the Accomplishment                      Emergency/Abnormal Procedures section and
                                                                                                                                                                  locating Docket No. FAA–2016–9049.
                                                    Instructions of Embraer Service Bulletin 145–           the ‘‘Unreliable Airspeed Tables’’
                                                                                                                                                                     (2) For service information identified in
                                                    30–0056, Revision 01, dated March 31, 2014.             (corresponding to the airplane configuration)
                                                                                                                                                                  this AD, contact Empresa Brasileira de
                                                    Do all applicable corrective actions before             in the Performance section, as specified in
                                                                                                                                                                  Aeronautica S.A. (Embraer), Technical
                                                    further flight.                                         Embraer TR 19.1, dated April 22, 2014, to
                                                                                                                                                                  Publications Section (PC 060), Av. Brigadeiro
                                                      (2) For airplanes identified as Group 1 in            Volume 1 of the Embraer EMB–145 AOM
                                                                                                                                                                  Faria Lima, 2170—Putim—12227–901 São
                                                    Embraer Service Bulletin 145LEG–30–0021,                AOM–2014135/1542 (‘‘Embraer TR 19.1’’).
                                                                                                                                                                  Jose dos Campos—SP—Brasil; telephone +55
                                                    dated March 31, 2014: Within 5,000 flight               (j) AFM Revision Method of Compliance                 12 3927–5852 or +55 12 3309–0732; fax +55
                                                    hours or 48 months after the effective date of                                                                12 3927–7546; email distrib@embraer.com.br;
                                                    this AD, whichever occurs first, do a general              The AFM revisions required by paragraphs
                                                                                                            (i)(1) and (i)(2) of this AD may be done by           Internet http://www.flyembraer.com. You
                                                    visual inspection for tube misalignment on                                                                    may view this service information at the
                                                    the pitot number 1 and pitot number 2 tube              inserting Embraer AOM TR 40.2 or Embraer
                                                                                                            AOM TR 19.1, as applicable, into the AFM.             FAA, Transport Airplane Directorate, 1601
                                                    assemblies; do all applicable corrective                                                                      Lind Avenue SW., Renton, WA. For
                                                    actions; and install a new tube ribbon heater           When the applicable Embraer AOM TR has
                                                                                                            been included in general revisions of the             information on the availability of this
                                                    on the pitot number 1 and pitot number 2                                                                      material at the FAA, call 425–227–1221.
                                                    tube assemblies; in accordance with the                 AFM, the general revisions may be inserted
                                                                                                            in the AFM, provided the relevant                       Issued in Renton, Washington, on August
                                                    Accomplishment Instructions of Embraer
                                                                                                            information in the general revision is                18, 2016.
                                                    Service Bulletin 145LEG–30–0021, dated
                                                                                                            identical to that in Embraer AOM TR 40.2 or
                                                    March 31, 2014. Do all applicable corrective                                                                  Dorr M. Anderson,
                                                                                                            Embraer AOM TR 19.1, as applicable, and the
                                                    actions before further flight.                                                                                Acting Manager, Transport Airplane
                                                                                                            applicable Embraer AOM TR may be
                                                    (h) Inspection, Corrective Action, and                  removed from the AFM.                                 Directorate, Aircraft Certification Service.
                                                    Replacement                                                                                                   [FR Doc. 2016–20684 Filed 8–29–16; 8:45 am]
                                                                                                            (k) Credit for Previous Actions
                                                       (1) For airplanes identified as Group 2 in                                                                 BILLING CODE 4910–13–P
                                                                                                              This paragraph provides credit for the
                                                    Embraer Service Bulletin 145–30–0056,
                                                                                                            actions required by paragraphs (g)(1) and
                                                    Revision 01, dated March 31, 2014: Within
                                                                                                            (h)(1) of this AD, if those actions were
                                                    6,600 flight hours after the effective date of                                                                DEPARTMENT OF TRANSPORTATION
                                                                                                            performed before the effective date of this AD
                                                    this AD, do a general visual inspection for             using Embraer Service Bulletin 145–30–0056,
                                                    tube misalignment on the pitot number 1 and             dated December 19, 2013.
                                                                                                                                                                  Federal Aviation Administration
                                                    pitot number 2 tube assemblies; do all
                                                    applicable corrective actions; and replace the          (l) Other FAA AD Provisions                           14 CFR Part 39
                                                    tube ribbon heater with a new tube ribbon                  The following provisions also apply to this
                                                    heater on the pitot number 1 and pitot                  AD:                                                   [Docket No. FAA–2016–9051; Directorate
                                                    number 2 tube assemblies; in accordance                    (1) Alternative Methods of Compliance              Identifier 2016–NM–035–AD]
                                                    with the Accomplishment Instructions of                 (AMOCs): The Manager, International
                                                    Embraer Service Bulletin 145–30–0056,                   Branch, ANM–116, Transport Airplane                   RIN 2120–AA64
                                                    Revision 01, dated March 31, 2014. Do all               Directorate, FAA, has the authority to
                                                    applicable corrective actions before further            approve AMOCs for this AD, if requested               Airworthiness Directives; Airbus
                                                    flight.                                                 using the procedures found in 14 CFR 39.19.           Airplanes
                                                       (2) For airplanes identified as Group 2 in           In accordance with 14 CFR 39.19, send your
                                                    Embraer Service Bulletin 145LEG–30–0021,                request to your principal inspector or local          AGENCY: Federal Aviation
                                                    dated March 31, 2014: Within 5,000 flight               Flight Standards District Office, as                  Administration (FAA), DOT.
                                                    hours or 48 months after the effective date of          appropriate. If sending information directly          ACTION: Notice of proposed rulemaking
                                                    this AD, whichever occurs first, do a general           to the International Branch, send it to ATTN:         (NPRM).
                                                    visual inspection for tube misalignment on              Todd Thompson, Aerospace Engineer,
                                                    the pitot number 1 and pitot number 2 tube              International Branch, ANM–116, Transport              SUMMARY:   We propose to adopt a new
                                                    assemblies; do all applicable corrective                Airplane Directorate, FAA, 1601 Lind                  airworthiness directive (AD) for all
                                                    actions; and replace the tube ribbon heater             Avenue SW., Renton, WA 98057–3356;
                                                    with a new tube ribbon heater on the pitot
                                                                                                                                                                  Airbus Model A300 B4–603, B4–620,
                                                                                                            telephone 425–227–1175; fax 425–227–1149.
                                                    number 1 and pitot number 2 tube                        Information may be emailed to: 9-ANM-116-             and B4–622 airplanes; Model A300 B4–
                                                    assemblies; in accordance with the                      AMOC-REQUESTS@faa.gov. Before using                   605R and A300 B4–622R airplanes; and
                                                    Accomplishment Instructions of Embraer                  any approved AMOC, notify your appropriate            Model A300 C4–605R Variant F
                                                    Service Bulletin 145LEG–30–0021, dated                  principal inspector, or lacking a principal           airplanes. This proposed AD was
                                                    March 31, 2014. Do all applicable corrective            inspector, the manager of the local flight            prompted by an in-service detection of
                                                    actions before further flight.                          standards district office/certificate holding         cracks in the fuselage skin lap joints.
                                                                                                            district office. The AMOC approval letter             This proposed AD would require an
                                                    (i) Airplane Flight Manual (AFM) Revision               must specifically reference this AD.
                                                       (1) For airplanes identified in paragraphs
                                                                                                                                                                  ultrasonic inspection of certain skin lap
                                                                                                               (2) Contacting the Manufacturer: For any
                                                    (c)(1) and (c)(3) of this AD: Within 60 days            requirement in this AD to obtain corrective           joints, and repair if necessary. We are
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                                                    after the effective date of this AD, revise the         actions from a manufacturer, the action must          proposing this AD to detect and correct
                                                    AFM to include the information in the                   be accomplished using a method approved               cracks in certain skin lap joints. Such
                                                    ‘‘Unreliable Airspeed Procedure’’ in the                by the Manager, International Branch, ANM–            cracking could result in reduced
                                                    Emergency/Abnormal Procedures section and               116, Transport Airplane Directorate, FAA; or          structural integrity of the airplane.
                                                    the ‘‘Unreliable Airspeed Tables’’                      the Agência Nacional de Aviação Civil              DATES: We must receive comments on
                                                    (corresponding to the airplane configuration)           (ANAC); or ANAC’s authorized Designee. If
                                                    in the Performance section, as specified in             approved by the ANAC Designee, the                    this proposed AD by October 14, 2016.
                                                    Embraer Temporary Revision (TR) 40.2,                   approval must include the Designee’s                  ADDRESSES: You may send comments,
                                                    dated April 4, 2014, to Volume 1, of the                authorized signature.                                 using the procedures found in 14 CFR


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Document Created: 2018-02-09 11:42:29
Document Modified: 2018-02-09 11:42:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking (NPRM).
DatesWe must receive comments on this proposed AD by October 14, 2016.
ContactTodd 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.
FR Citation81 FR 59528 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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