[Federal Register Volume 85, Number 181 (Thursday, September 17, 2020)]
[Proposed Rules]
[Pages 58004-58007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20376]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0842; Product Identifier 2020-NM-101-AD]
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), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
Model ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -
100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This proposed AD 
was prompted by reports of installation of inverted poles of the 
horizontal stabilizer pitch trim switches on the control yokes, which 
causes opposite commands for the horizontal stabilizer. This proposed 
AD would require installing supports for the horizontal stabilizer 
control yoke pitch trim switches and re-identifying the control yokes, 
as specified in two Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) ADs, which will be incorporated by reference. The FAA is 
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 2, 
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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
National Civil Aviation Agency (ANAC), Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, BRAZIL, Tel: 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-2020-0842.

[[Page 58005]]

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-
0842; 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 NPRM, 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 206-231-3221; 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views about this proposal. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should send only one copy of written comments, or if comments are filed 
electronically, commenters should submit only one time. Send your 
comments to an address listed under the ADDRESSES section. Include 
``Docket No. FAA-2020-0842; Product Identifier 2020-NM-101-AD'' at the 
beginning of your comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, as well 
as a report summarizing each substantive public contact with FAA 
personnel concerning this proposed rulemaking. Before acting on this 
proposal, the FAA will consider all comments received by the closing 
date for comments. The FAA will consider comments filed after the 
comment period has closed if it is possible to do so without incurring 
expense or delay. The FAA may change this NPRM because of those 
comments.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to the 
person identified in the FOR FURTHER INFORMATION CONTACT section. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2020-05-01, effective May 26, 2020; and ANAC AD 2020-05-02, 
effective May 26, 2020 (``ANAC AD 2020-05-01'' and ``ANAC AD 2020-05-
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. Model 
ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 
IGW, -100 SR, -200 STD, -200 LR, and -200 IGW airplanes. Model ERJ 190-
100 SR airplanes are not certificated by the FAA and are not included 
on the U.S. type certificate data sheet; this AD therefore does not 
include those airplanes in the applicability.
    This proposed AD was prompted by reports of installation of 
inverted poles of the horizontal stabilizer pitch trim switches on the 
control yokes, which causes opposite commands for the horizontal 
stabilizer. The FAA is proposing this AD to address this condition, 
which could result in reduced controllability of the airplane. See the 
MCAI for additional background information.

Related IBR Material Under 1 CFR Part 51

    ANAC AD 2020-05-01 and ANAC AD 2020-05-02 describe procedures for 
installing supports for the horizontal stabilizer control yoke pitch 
trim switches and re-identifying the control yokes. These documents are 
distinct since they apply to different airplane models. 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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation 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 proposing this AD because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in ANAC AD 2020-05-01 and ANAC AD 2020-05-02 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 
Aviation 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 AD 2020-05-01 and ANAC AD 2020-05-02 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with ANAC AD 2020-05-01 and 
ANAC AD 2020-05-02 in its entirety, through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Service information specified in ANAC AD 2020-05-01 
and ANAC AD 2020-05-02 that is required for compliance with ANAC AD 
2020-05-01 and ANAC AD 2020-05-02 will be available on the internet at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0842 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 324 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 58006]]



                                      Estimated Costs for Required Actions
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             Labor cost                    Parts cost           Cost per product        Cost on U.S. operators
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Up to 7 work-hours x $85 per hour =  Up to $267............  Up to $862............  Up to $279,288.
 $595.
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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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (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.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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):

Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. (Type 
Certificate Previously Held by Embraer S.A.): Docket No. FAA-2020-
0842; Product Identifier 2020-NM-101-AD.

(a) Comments Due Date

    The FAA must receive comments by November 2, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. Model airplanes identified in paragraphs 
(c)(1) and (2) of this AD, certificated in any category.
    (1) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -
200 SU, -200 STD, and -200 LL airplanes, as identified in 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 
2020-05-01, effective May 26, 2020 (``ANAC AD 2020-05-01'').
    (2) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 
STD, -200 LR, and -200 IGW airplanes, as identified in ANAC AD 2020-
05-02, effective May 26, 2020 (``ANAC AD 2020-05-02'').

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by reports of installation of inverted 
poles of the horizontal stabilizer pitch trim switches on the 
control yokes, which causes opposite commands for the horizontal 
stabilizer. The FAA is issuing this AD to address this condition, 
which could 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, ANAC AD 2020-05-01 and ANAC AD 2020-05-02, as 
applicable.

(h) Exceptions to ANAC AD 2020-05-01 and ANAC AD 2020-05-02

    (1) Where ANAC AD 2020-05-01 and ANAC AD 2020-05-02 refer to 
their effective date, this AD requires using the effective date of 
this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of 
ANAC AD 2020-05-01 and ANAC AD 2020-05-02 does not apply to this AD.
    (3) Where ANAC AD 2020-05-01 and ANAC AD 2020-05-02 prohibit 
installing certain parts, this AD prohibits their installation as of 
the applicable compliance time specified by paragraph (h)(3)(i) or 
(ii) of this AD.
    (i) If the modification required by this AD was done before the 
effective date of this AD, installation is prohibited as of the 
effective date of this AD.
    (ii) If the modification required by this AD is done after the 
effective date of this AD, installation is prohibited after 
accomplishment of the modification required by 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, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (j)(2) 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

    (1) For information about ANAC AD 2020-05-01 and ANAC AD 2020-
05-02, contact National Civil Aviation Agency (ANAC), Aeronautical 
Products Certification Branch

[[Page 58007]]

(GGCP), Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial 
Aquarius--Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 
12.246-190--S[atilde]o Jos[eacute] dos Campos--SP, BRAZIL, Tel: 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 
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-2020-0842.
    (2) 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 206-231-3221; [email protected].

    Issued on September 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-20376 Filed 9-16-20; 8:45 am]
BILLING CODE 4910-13-P