[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Rules and Regulations]
[Pages 27112-27114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09633]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0340; Product Identifier 2019-NM-203-AD; Amendment 
39-19903; AD 2020-08-11]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. Model ERJ 190-
300 and ERJ 190-400 airplanes. This AD was prompted by a failure 
propagation test, which revealed that when complete loss of the 
electrical digital current (DC) essential bus 2 was induced, the smoke 
detection system of the forward and aft electrical bays erroneously 
indicated the presence of smoke via the respective engine indication 
and crew alerting system (EICAS) messages. This AD requires revising 
the existing airplane flight manual (AFM) procedures associated with 
messages of smoke in the electronic bays presented on the EICAS, 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 becomes effective May 22, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 22, 
2020.
    The FAA must receive comments on this AD by June 22, 2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
    For the material incorporated by reference (IBR) in this AD, 
contact National Civil Aviation Agency, Aeronautical Products 
Certification Branch (GGCP), Rua Laurent Martins, n[deg] 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, Airworthiness Products Section, 
Operational Safety 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-2020-0340.

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-2020-
0340; 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 AD, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
Brazilian Emergency Airworthiness Directive (EAD) 2019-12-01, effective 
December 9, 2019 (``Brazilian EAD 2019-12-01'') (also referred to as 
the Mandatory Continuing Airworthiness Information, or ``the MCAI''), 
to correct an unsafe condition for all Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. Model ERJ 190-300 and ERJ 190-400 airplanes.
    This AD was prompted by a failure propagation test, which revealed 
that when complete loss of the electrical DC essential bus 2 was 
induced, the smoke detection system of the forward and aft electrical 
bays erroneously indicated the presence of smoke via the respective 
EICAS messages. When these messages are displayed the existing AFM 
procedures require the flightcrew to turn off the essential electrical 
buses DC ESS BUS 1 and DC ESS BUS 3, which would result in a loss of 
all electrical DC essential buses, causing loss of electrical power for 
critical systems of the airplane.
    The FAA is issuing this AD to provide the flightcrew with revised 
AFM procedures for responding to erroneous indications of smoke in the 
electrical bays presented on the EICAS. If the flightcrew followed the 
existing AFM procedures, it could result in a loss of all electrical DC 
essential buses, causing loss of electrical power for critical systems 
of the airplane. See the MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    Brazilian EAD 2019-12-01 describes revisions to the existing AFM 
procedures associated with messages of smoke in the electronic bays 
presented on the EICAS.
    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.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation

[[Page 27113]]

in the United States. Pursuant to the FAA's bilateral agreement with 
the State of Design Authority, the FAA has been notified of the unsafe 
condition described in the MCAI referenced above. The FAA is issuing 
this AD after evaluating all pertinent information and determining the 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in Brazilian 
EAD 2019-12-01 described previously, as incorporated by reference, 
except for any differences identified as exceptions in the regulatory 
text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and the European Union 
Safety Agency (EASA) to develop a process to use certain EASA ADs as 
the primary source of information for compliance with requirements for 
corresponding FAA ADs. The FAA has since coordinated with other 
manufacturers and civil aviation authorities (CAAs) to use this 
process. As a result, ANAC Brazilian EAD 2019-12-01 is incorporated by 
reference in this final rule. This AD, therefore, requires compliance 
with ANAC Brazilian EAD 2019-12-01 in its entirety, through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Service information specified in ANAC 
Brazilian EAD 2019-12-01 that is required for compliance with ANAC 
Brazilian EAD 2019-12-01 is available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0340.

FAA's Justification and Determination of the Effective Date

    Since there are currently no domestic operators of these products, 
notice and opportunity for public comment before issuing this AD are 
unnecessary. In addition, for the reasons stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and the FAA did not precede it by notice and opportunity for 
public comment. The FAA invites you to send any written relevant data, 
views, or arguments about this AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0340; 
Product Identifier 2019-NM-203-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this AD. The FAA will 
consider all comments received by the closing date and may amend this 
AD based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                  Estimated Costs for Required Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $85......              $0              $85
------------------------------------------------------------------------

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

    The FAA determined that 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, and
    (2) Will not affect intrastate aviation in Alaska.

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):

2020-08-11 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate previously held by Embraer S.A.): Amendment 39-
19903; Docket No. FAA-2020-0340; Product Identifier 2019-NM-203-AD.

(a) Effective Date

    This AD becomes effective May 22, 2020.

[[Page 27114]]

 (b) Affected ADs

    None.

 (c) Applicability

    This AD applies to all Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S. A. (Type Certificate previously held by 
Embraer S.A.) Model ERJ 190-300 and ERJ 190-400 airplanes, 
certificated in any category.

 (d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical 
power.

 (e) Reason

    This AD was prompted by a failure propagation test, which 
revealed that when complete loss of the electrical digital current 
(DC) essential bus 2 was induced the smoke detection system of the 
forward and aft electrical bays erroneously indicated the presence 
of smoke via the respective engine indication and crew alerting 
system (EICAS) messages. The FAA is issuing this AD to provide the 
flightcrew with revised airplane flight manual (AFM) procedures for 
responding to erroneous indications of smoke in the electrical bays 
presented on the EICAS. If the flightcrew followed the existing AFM 
procedures, it could result in a loss of all electrical DC essential 
buses, causing loss of electrical power for critical systems 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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) Brazilian Emergency Airworthiness Directive (EAD) 2019-
12-01, effective December 9, 2019 (``Brazilian EAD 2019-12-01'').

 (h) Exceptions to Brazilian EAD 2019-12-01

    (1) Where Brazilian EAD 2019-12-01 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 EAD 2019-12-01 does not apply to this AD.

 (i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation 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 Large Aircraft 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, Large Aircraft 
Section, International Validation 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, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223; 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.
    (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 
National Civil Aviation Agency (ANAC) Brazilian Emergency 
Airworthiness Directive (EAD) 2019-12-01, effective December 9, 
2019.
    (ii) [Reserved]
    (3) For information about ANAC Brazilian EAD 2019-12-01, contact 
National Civil Aviation Agency, Aeronautical Products Certification 
Branch (GGCP), Rua Laurent Martins, n[deg] 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, Airworthiness 
Products Section, Operational Safety 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-2020-0340.
    (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 April 23, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-09633 Filed 5-6-20; 8:45 am]
 BILLING CODE 4910-13-P