[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
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9 work-hours x $85 per hour = $765........................... $0 $765 $413,100
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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]
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