AD 98-15-01 ACTIVE

This amendment adopts a new airworthiness directive (AD), applicable to certain EMBRAER Model EMB-145 series airplanes, that requires a one-time inspection to detect bulging or cracking of the pitot 1 and pitot 2 drain tubes in the forward electronic compartment; and cleaning the tubes or replacing drain tubes with new tubes, if necessary. This amendment also requires modification of the pitot/static system. This amendment is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by this AD are intended to detect and correct bulging and cracking of the pitot 1 and pitot 2 drain tubes in the forward electronic compartment caused by cycles of water freezing and expanding inside the tubes, which could result in erroneous airspeed indications to the flight crew and reduced operational safety in all phases of flight.

Final rule

98-15-01 EMPRESA BRASILEIRA DE AERONAUTICA, S.A. (EMBRAER): Amendment 39-10651. Docket 98-NM-41-AD.

Applicability: Model EMB-145 series airplanes, serial numbers 145004 through 145028 inclusive; certificated in any category.

NOTE 1: This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (e) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.

Compliance: Required as indicated, unless accomplished previously.

To detect and correct bulging and cracking of the pitot 1 and pitot 2 drain tubes in the forward electronic compartment, which could result in erroneous airspeed indications to the flight crew and reduced operational safety in all phases of flight, accomplish the following:

(a) Except as provided by paragraph (c) of this AD, within 50 hours time-in-service after the effective date of this AD, perform a one-time visual inspection to detect bulging or cracking of the pitot 1 and pitot 2 drain tubes in the forward electronic compartment, in accordance with EMBRAER Service Bulletin 145-34-0010, Change 01, dated September 25, 1997.

(1) If no bulging or cracking is detected, prior to further flight, clean the pitot tubes in accordance with the service bulletin.

(2) If any bulging or cracking is detected in any drain tube, prior to further flight, replace the pitot drain tube with a new tube in accordance with the service bulletin.

NOTE 2: Accomplishment of the visual inspection, cleaning, or replacement of the pitot 1 and pitot 2 drain tubes prior to the effective date of this AD in accordance with EMBRAER Service Bulletin 145-34-0010, dated July 25, 1997, is considered acceptable for compliance with the applicable action specified by paragraph (a) of this AD.

(b) Within 400 hours time-in-service after the effective date of this AD: Modify the pitot/static system in accordance with EMBRAER Service Bulletin 145-34-0008, dated September 10, 1997.

(c) For airplanes on which the modification required by paragraph (b) of this AD has been accomplished prior to the effective date of this AD, or is accomplished within the compliance time specified in paragraph (a) of this AD (i.e., within 50 hours time-in-service after the effective date of this AD), the one-time visual inspection specified in paragraph (a) of this AD is not required.

(d) As of the effective date of this AD, no person shall install a pitot/static system on any airplane, unless it has been modified in accordance with EMBRAER Service Bulletin 145-34-0008, dated September 10, 1997.

(e) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Atlanta Aircraft Certification Office (ACO), FAA, Small Airplane Directorate. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Atlanta ACO.

NOTE 3: Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Atlanta ACO.

(f) 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.

(g) The actions shall be done in accordance with the following EMBRAER service bulletins, which contain the specified list of effective pages:

Service Bulletin
Referenced and Date
Page Number
Shown on Page
Revision Level
Shown on Page
Date
Shown on Page
145-34-0010,
Change 01,
September 25, 1997
1, 2

3-9
1

Original
September 25, 1997

July 25, 1997
145-34-0008,
September 10, 1997
1-22
Original
September 10, 1997

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 ofthe Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

NOTE 4: The subject of this AD is addressed in Brazilian airworthiness directive 97-07-12R1, dated November 3, 1997.

(h) This amendment becomes effective on August 19, 1998.

A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain EMBRAER Model EMB-145 series airplanes was published in the Federal Register on April 8, 1998 (63 FR 17130). That action proposed to require a one-time inspection to detect bulging or cracking of the pitot 1 and pitot 2 drain tubes in the forward electronic compartment; and cleaning the tubes or replacing drain tubes with new tubes, if necessary. That action also proposed modification of the pitot/static system.

Comments
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the single comment received.

Request to Provide Option for Compliance with Inspection
One commenter suggests that clarification should be added to paragraph (b) of the proposed AD to specify that if operators have accomplished the actions described in EMBRAER Service Bulletin 145-34-0008, it is no longer necessary to accomplish the one-time visual inspection described in EMBRAER Service Bulletin 145-34-0010, as required by paragraph (a) of the proposed AD. The commenter states that EMBRAER Service Bulletin 145-34-0008 accomplishes the same system check as that specified in EMBRAER Service Bulletin 145-34-0010 and, in addition, replaces the problem lines.

The FAA agrees that accomplishment of the actions specified in EMBRAER Service Bulletin 145-34-0008, dated September 10, 1997, would eliminate the need to accomplish the one-time visual inspection described in EMBRAER Service Bulletin 145-34-0010, Change 01, dated September 25, 1997. A new paragraph (c) has been added to this final rule to remove the requirement to accomplish paragraph (a) if the action required by paragraph (b) has been accomplished prior to the effective date of this AD, or is accomplished within the compliance time specified in paragraph (a).

Conclusion
After careful review of the available data, including the comment noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the change previously described. The FAA has determined that this change will neither increase the economic burden on any operator nor increase the scope of the AD.

Cost Impact
The FAA estimates that 15 airplanes of U.S. registry will be affected by this AD.

It will take approximately 2 work hours per airplane to accomplish the required inspection, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the inspection required by this AD on U.S. operators is estimated to be $1,800, or $120 per airplane.

In addition, it will take approximately 2 work hours per airplane to accomplish the modification required by this AD, at an average labor rate of $60 per work hour. Required parts will be supplied by the manufacturer at no cost to the operators. Basedon these figures, the cost impact of the modification required by this AD on U.S. operators is estimated to be $1,800, or $120 per airplane.

The cost impact figure discussed above is based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted.

Regulatory Impact
The regulations adopted herein will not have 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.

For the reasons discussed above, I certify that this action (1) is not a "significant regulatory action" under Executive Order 12866; (2) is nota "significant rule" under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES."

List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.

Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39 - AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.

39.13 [Amended]
2.Section 39.13 is amended by adding the following new airworthiness directive:

The service information referenced in this AD may be obtained from Empresa Brasileira de Aeronautica S.A. (EMBRAER), P.O. Box 343 - CEP 12.225, Sao Jose dos Campos - SP, Brazil. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW., Renton, Washington; or at the FAA, Small Airplane Directorate, Atlanta Aircraft Certification Office, One Crown Center, 1895 Phoenix Boulevard, suite 450, Atlanta, Georgia; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.

Neil Berryman, 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 30337-2748; telephone (770) 703-6066; fax (770) 703-6097.