[Federal Register Volume 64, Number 229 (Tuesday, November 30, 1999)]
[Rules and Regulations]
[Pages 66760-66762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30625]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. 99-NM-340-AD; Amendment 39-11437; AD 99-24-13]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-135 and EMB-145 Series Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) that
is applicable to all EMBRAER Model EMB-135 and EMB-145 series
airplanes. This action requires a revision to the Airplane Flight
Manual (AFM) to prohibit in-flight operations of the autopilot coupled
to flight director #2 during certain conditions; and installation of an
associated warning placard. This amendment is prompted by issuance of
mandatory continuing airworthiness information by a foreign civil
airworthiness authority. The actions specified in this AD are intended
to prevent failure of the autopilot to automatically disconnect from
flight director #2, as intended, at a low altitude during windshear
conditions. Such failure could result in reduced controllability of the
airplane.
DATES: Effective December 15, 1999.
The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 15, 1999.
Comments for inclusion in the Rules Docket must be received on or
before December 30, 1999.
ADDRESSES: Submit comments in triplicate to the Federal Aviation
Administration (FAA), Transport Airplane Directorate, ANM-114,
Attention: Rules Docket No. 99-NM-340-AD, 1601 Lind Avenue, SW.,
Renton, Washington 98055-4056.
The service information referenced in this AD may be obtained from
Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343--CEP
12.225, Sao Jose dos Campos--SP, Brazil. This information may be
examined at the FAA, Transport Airplane Directorate, 1601 Lind Avenue,
SW., Renton, Washington; or at the FAA, Small Airplane Directorate,
Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix
Boulevard, suite 450, Atlanta, Georgia; or at the Office of the Federal
Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
FOR FURTHER INFORMATION CONTACT: Angela Compton, Aerospace Engineer,
Systems and Flight Test Branch, ACE-116A, FAA, Small Airplane
Directorate, Atlanta Aircraft Certification Office, One Crown Center,
1895 Phoenix Boulevard, suite 450, Atlanta, Georgia 30349; telephone
(770) 703-6070; fax (770) 703-6097.
SUPPLEMENTARY INFORMATION: The Departmento de Aviacao Civil (DAC),
which is the airworthiness authority for Brazil, recently notified the
FAA that an unsafe condition may exist on all EMBRAER Model EMB-135 and
EMB-145 series airplanes. The DAC advised that tests indicated that,
when the autopilot system is coupled to the co-pilot's flight director
(flight director #2), the autopilot system does not automatically
disengage when a windshear is detected by the ground proximity warning
system at a height below 1,500 feet above ground level (AGL). The cause
of this malfunction has been attributed to a software discrepancy in
the autoflight IC-600 integrated avionics computer, which causes the
autopilot to remain engaged in windshear mode. This condition, if not
corrected, could result in failure of the autopilot to automatically
disconnect from flight director #2, as designed, at a low altitude
during windshear conditions, and consequent reduced controllability of
the airplane.
Explanation of Relevant Service Information
Embraer has issued Service Bulletin No. 145-31-0017, Change No. 01,
dated October 22, 1999, which describes procedures for installation of
a warning placard on the glareshield panel of the cockpit that states,
``DO NOT OPERATE FLIGHT DIRECTOR #2 COUPLED TO AUTOPILOT BELOW 1,500
FT. AGL.'' The DAC classified this service bulletin as mandatory and
issued Brazilian airworthiness directive 1999-10-01, dated October 20,
1999, in order to assure the continued airworthiness of these airplanes
in Brazil.
FAA's Conclusions
These airplane models are manufactured in Brazil and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Pursuant to this
bilateral airworthiness agreement, the DAC has kept the FAA informed of
the situation described above. The FAA has examined the findings of the
DAC, reviewed all available information, and determined that AD action
is necessary for products of this type design that are certificated for
operation in the United States.
Explanation of Requirements of Rule
Since an unsafe condition has been identified that is likely to
exist or develop on other airplanes of the same type design registered
in the United States, this AD is being issued to prevent failure of the
autopilot to automatically disconnect from flight director #2, as
intended, at a low altitude during windshear conditions. Such failure
could result in reduced controllability of the airplane. This AD
requires a revision to the Limitations section of the FAA-approved
Airplane Flight Manual (AFM) to provide the flightcrew with revised
procedures to prohibit in-flight operations of the autopilot coupled to
flight director #2 below 1,500 feet AGL; and installation of an
associated warning placard.
Difference Between This AD, the Service Bulletin, and the Brazilian
Airworthiness Directive
Operators should note that, although the service bulletin and the
Brazilian airworthiness directive specify effectivity based on
manufacturer serial numbers, the applicability of this AD is expanded
to include all Model EMB-135 and EMB-145 series airplanes. The FAA has
determined that the autoflight IC-600 integrated avionics computer,
which is the probable cause of the unsafe condition, is installed on
all Model EMB-135 and EMB-145 series airplanes.
Interim Action
This is considered to be interim action. The manufacturer has
advised that it currently is developing a modification that will
positively address the unsafe condition addressed by this AD. Once this
modification is developed, approved, and available, the
[[Page 66761]]
FAA may consider additional rulemaking.
Determination of Rule's Effective Date
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting flight safety and, thus, was not preceded by
notice and an opportunity for public comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications shall identify the Rules Docket number and be submitted
in triplicate to the address specified under the caption ADDRESSES. All
communications received on or before the closing date for comments will
be considered, and this rule may be amended in light of the comments
received. Factual information that supports the commenter's ideas and
suggestions is extremely helpful in evaluating the effectiveness of the
AD action and determining whether additional rulemaking action would be
needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Number 99-NM-340-AD.'' The postcard will be date stamped and
returned to the commenter.
Regulatory Impact
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation that must be issued immediately to correct an unsafe
condition in aircraft, and that it is not a ``significant regulatory
action'' under Executive Order 12866. It has been determined further
that this action involves an emergency regulation under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). If it is
determined that this emergency regulation otherwise would be
significant under DOT Regulatory Policies and Procedures, a final
regulatory evaluation will be prepared and placed in the Rules Docket.
A copy of it, if filed, may be obtained from the Rules Docket at the
location provided under the caption ADDRESSES.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39--AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
2. Section 39.13 is amended by adding the following new
airworthiness directive:
99-24-13 Empresa Brasileira De Aeronautica S.A. (Embraer):
Amendment 39-11437. Docket 99-NM-340-AD.
Applicability: All Model EMB-135 and EMB-145 series airplanes,
certificated in any category.
Compliance: Required as indicated, unless accomplished
previously.
To prevent failure of the autopilot to automatically disconnect
from flight director #2, as intended, at a low altitude during
windshear conditions, which could result in reduced controllability
of the airplane, accomplish the following:
AFM Revision/Placard Installation
(a) Within 20 flight hours after the effective date of this AD,
accomplish the actions required by paragraphs (a)(1) and (a)(2) of
this AD.
(1) Revise the Limitations Section of the FAA-approved Airplane
Flight Manual (AFM) to include the following statement. This may be
accomplished by inserting a copy of this AD into the AFM.
``Operations are prohibited with flight director #2 coupled to
autopilot below 1,500 feet above ground level (AGL).''
(2) Install a warning placard on the glareshield panel of the
cockpit in accordance with Embraer Service Bulletin No. 145-31-0017,
Change No. 01, dated October 22, 1999, which states:
``DO NOT OPERATE FLIGHT DIRECTOR #2 COUPLED TO AUTOPILOT BELOW
1,500 FT. AGL.''
Note 1: Installation of the warning placard, prior to the
effective date of this AD, in accordance with Embraer Service
Bulletin No. 145-31-0017, dated October 15, 1999, is considered
acceptable for compliance with the requirements of paragraph (a)(2)
of this AD.
Alternative Methods of Compliance
(b) An alternative method of compliance or adjustment of the
compliance time that provides an acceptable level of safety may be
used if approved by the Manager, Atlanta Aircraft Certification
Office (ACO), FAA, Small Airplane Directorate. Operators shall
submit their requests through an appropriate FAA Principal
Operations Inspector, who may add comments and then send it to the
Manager, Atlanta ACO.
Note 2: Information concerning the existence of approved
alternative methods of compliance with this AD, if any, may be
obtained from the Atlanta ACO.
Special Flight Permits
(c) Special flight permits may be issued in accordance with
sections 21.197 and 21.199 of the Federal Aviation Regulations (14
CFR 21.197 and 21.199) to operate the airplane to a location where
the requirements of this AD can be accomplished.
Incorporation by Reference
(d) The placard installation shall be done in accordance with
Empresa Brasileira De Aeronautica Service Bulletin 145-31-0017,
Change No. 01, dated October 22, 1999 which contains the following
list of effective pages:
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Revision level shown on
Page No. page Date shown on page
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1, 2.............. 01..................... October 22, 1999.
3-5............... Original............... October 15, 1999.
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This incorporation by reference was approved by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Copies may be obtained from Empresa Brasileira de Aeronautica
S.A. (EMBRAER), P.O. Box 343--CEP 12.225, Sao Jose dos Campos-SP,
Brazil. Copies may be inspected at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
FAA, Small Airplane Directorate, Atlanta Aircraft Certification
Office, One Crown Center, 1895 Phoenix Boulevard, suite 450,
Atlanta, Georgia; or at the Office of the Federal Register, 800
North Capitol Street, NW., suite 700, Washington, DC.
[[Page 66762]]
Note 3: The subject of this AD is addressed in Brazilian
airworthiness directive 1999-10-01, dated October 20, 1999.
(e) This amendment becomes effective on December 15, 1999.
Issued in Renton, Washington, on November 18, 1999.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 99-30625 Filed 11-29-99; 8:45 am]
BILLING CODE 4910-13-U