[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Rules and Regulations]
[Pages 15936-15938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05708]



[[Page 15936]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0975; Product Identifier 2019-NM-176-AD; Amendment 
39-19872; AD 2020-05-22]
RIN 2120-AA64


Airworthiness Directives; Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer 
S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. (Type 
Certificate Previously Held by Embraer S.A.) Model ERJ 170 airplanes. 
This AD was prompted by a report of erroneous indications of certain 
engine parameters and reports of ``pitch up'' and ``pitch down'' 
uncommanded attitudes with autopilot engaged in cruise flight. This AD 
requires installing updated PRIMUS EPIC LOAD software, as specified in 
an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
Brazilian AD, which is incorporated by reference. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD is effective April 24, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 24, 
2020.

ADDRESSES: For the material incorporated by reference (IBR) in this AD, 
contact National Civil Aviation Agency, Aeronautical Products 
Certification Branch (GGCP), Rua Laurent Martins, n[ordm] 209, Jardim 
Esplanada, CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP, 
Brazil; telephone 55 (12) 3203-6600; email [email protected]; internet 
www.anac.gov.br/en/. You may find this IBR material on the ANAC website 
at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view 
this IBR material at the FAA, Transport Standards Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195. It is also available in the AD 
docket on the internet at https://www.regulations.gov by searching for 
and locating Docket No. FAA-2019-0975.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0975; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this final rule, the regulatory evaluation, any comments received, and 
other information. The address for Docket Operations is U.S. Department 
of Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
Brazilian AD 2019-10-02, effective October 21, 2019 (``Brazilian AD 
2019-10-02'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
S.A. (Type Certificate Previously Held by Embraer S.A.) Model ERJ 170-
100 LR, -100 STD, -100 SE, and -100 SU airplanes; and Model ERJ 170-200 
LR, -200 SU, -200 STD, and -200 LL airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica S.A. (Type Certificate Previously 
Held by Embraer S.A.) Model ERJ 170 airplanes. The NPRM published in 
the Federal Register on December 17, 2019 (84 FR 68819). The NPRM was 
prompted by a report of erroneous indications of certain engine 
parameters and reports of ``pitch up'' and ``pitch down'' uncommanded 
attitudes with autopilot engaged in cruise flight. The NPRM proposed to 
require installing updated PRIMUS EPIC LOAD software.
    The FAA is issuing this AD to address erroneous indications of 
certain engine parameters and reports of uncommanded attitudes with 
autopilot engaged in cruise flight, which could interfere with the 
decisions taken by the flight crew during takeoff and landing and 
possibly result in reduced controllability of the airplane. See the 
MCAI for additional background information.

Explanation of Change to Manufacturer's Name

    This AD identifies the manufacturer's name as published in the most 
recent type certificate data sheet for the affected models.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. The Air Line Pilots Association, International (ALPA) 
indicated its support for the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule with the change described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related IBR Material Under 1 CFR Part 51

    Brazilian AD 2019-10-02 describes procedures for installing updated 
PRIMUS EPIC LOAD software. This material is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 540 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 15937]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765...........................              $0             $765         $413,100
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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):

2020-05-22 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
19872; Docket No. FAA-2019-0975; Product Identifier 2019-NM-176-AD.

(a) Effective Date

    This AD is effective April 24, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type certificate previously held by Embraer 
S.A.) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes; and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL 
airplanes; certificated in any category, as identified in 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
Brazilian AD 2019-10-02, effective October 21, 2019 (``Brazilian AD 
2019-10-02'').

(d) Subject

    Air Transport Association (ATA) of America Code 31, Indicating/
recording systems.

(e) Reason

    This AD was prompted by a report of erroneous indications of the 
engine parameters N1, N2, and ITT from both engines due to the 
design of data communication of the full authority digital engine 
control (FADEC) 1 and 2 with the engine indicating and crew alerting 
system (EICAS) display, which could result in interference with 
decisions that must be taken by the flight crew during takeoff. This 
AD was also prompted by reports of ``pitch up'' and ``pitch down'' 
uncommanded attitudes with autopilot engaged in cruise flight, which 
could occur in ``Autoland'' mode during landing. The FAA is 
proposing this AD to address these conditions, which could interfere 
with the decisions taken by the flight crew during takeoff and 
landing and possibly result in reduced controllability of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Brazilian AD 2019-10-02.

(h) Exceptions to Brazilian AD 2019-10-02

    (1) Where Brazilian AD 2019-10-02 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of 
Brazilian AD 2019-10-02 does not apply to this AD.
    (3) Where paragraph (d) of Brazilian AD 2019-10-02 specifies you 
must use certain service information for software installation, this 
AD specifies to use that service information as applicable, except 
as provided in paragraphs (a)(1) through (3) of Brazilian AD 2019-
10-02.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards Branch, 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 Section, send it to the attention of 
the person identified in paragraph (j) of this AD. 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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Section, Transport Standards Branch, FAA; or ANAC; or ANAC's 
authorized Designee. If approved by the ANAC Designee, the approval 
must include the Designee's authorized signature.

(j) Related Information

    For more information about this AD, contact Krista Greer, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3221; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.

[[Page 15938]]

    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil ANAC 
Brazilian AD 2019-10-02, effective October 21, 2019.
    (ii) [Reserved]
    (3) For information about ANAC Brazilian AD 2019-10-02, contact 
National Civil Aviation Agency, Aeronautical Products Certification 
Branch (GGCP), Rua Laurent Martins, n[ordm] 209, Jardim Esplanada, 
CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; 
telephone 55 (12) 3203-6600; email [email protected]; internet 
www.anac.gov.br/en/.
    (4) You may view this material at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0975.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on March 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-05708 Filed 3-19-20; 8:45 am]
 BILLING CODE 4910-13-P