AD 98-15-01

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AD Number:
98-15-01
Document Type:
AD Final Rules
Docket Number:
98-NM-41-AD
Subject Heading:
Airworthiness Directives; EMPRESA BRASILEIRA DE AERONAUTICA, S.A. (EMBRAER) Model EMB-145 Series Airplanes
Subject:
Pitot 1 And 2 Drain Tubes In Electronic Compartment
Status:
Current
Citation:
This information is not available.
Citation Publish Date:
Effective Date:
08/19/1998
Make:
Embraer S.A.
Model:
EMB-145 | EMB-145ER | EMB-145LR | EMB-145MR
Product Type:
Aircraft
Product Subtype:
Large Airplane
Affected AD:
Superseded AD:
Affected By:
Superseded By:
Service/Office:
Office of Primary Responsibility:
CFR Part Reference:
Part 39 [63 FR 38077 NO. 135 07/15/98]
Comments:
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[4910-13-U]


DEPARTMENT OF TRANSPORTATION


Federal Aviation Administration


14 CFR Part 39 [63 FR 38077
 
NO. 135
 
07/15/98]


[Docket No. 98-NM-41-AD; Amendment 39-10651; AD 98-15-01]


RIN 2120-AA64


Airworthiness
 
Directives;
 
Empresa
 
Brasileira
 
de
 
Aeronautica
 
S.A.
 
(EMBRAER)
 
Model
 
EMB-145


Series Airplanes


AGENCY:
 
Federal Aviation Administration, DOT.


ACTION:
 
Final rule.


SUMMARY:
 
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.


DATES:
 
Effective August 19, 1998.


The incorporation by reference of certain publications listed in the regulations is approved by


the Director of the Federal Register as of August 19, 1998.


ADDRESSES:
 
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.


FOR FURTHER INFORMATION CONTACT:
 
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.


SUPPLEMENTARY INFORMATION:
 
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.
 
Based on 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 not a “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:


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