[Federal Register Volume 85, Number 242 (Wednesday, December 16, 2020)]
[Rules and Regulations]
[Pages 81381-81383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27618]


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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; Amendment 
39-21350; AD 2020-25-08]
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. 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 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 AD requires 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 are 
incorporated by reference. The FAA is issuing this AD to address the 
unsafe condition on these products.

DATES: This AD is effective January 21, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of January 21, 
2021.

ADDRESSES: 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.

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 final rule, 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, 
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:

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.
    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. Model ERJ 170 airplanes and 
Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR, 
and -200 IGW airplanes. The NPRM published in the Federal Register on 
September 17, 2020 (85 FR 58004). The NPRM 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 NPRM proposed to require installing supports

[[Page 81382]]

for the horizontal stabilizer control yoke pitch trim switches and re-
identifying the control yokes, as specified in ANAC AD 2020-05-01 and 
ANAC AD 2020-05-02.
    The FAA is issuing this AD to address inverted poles of the 
horizontal stabilizer pitch trim switches on the control yokes, which 
could result in reduced controllability of the airplane. See the MCAI 
for additional background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. The National Transportation Safety Board (NTSB) stated its 
support for the NPRM.

Clarification Since the NPRM Was Issued

    The FAA has added a new paragraph (i) to this AD to clarify that 
although the service information referenced in ANAC AD 2020-05-01 and 
ANAC AD 2020-05-02 specifies to submit certain information to the 
manufacturer, this AD does not include that requirement. The FAA has 
re-identified subsequent paragraphs accordingly.

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 Service Information 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.

Costs of Compliance

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

                                      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.
 Up to $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

    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:

2020-25-08 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
21350; Docket No. FAA-2020-0842; Product Identifier 2020-NM-101-AD.

(a) Effective Date

    This airworthiness directive (AD) is effective January 21, 2021.

(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.

[[Page 81383]]

(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) No Reporting Requirement

    Although the service information referenced in ANAC AD 2020-05-
01 and ANAC AD 2020-05-02 specifies to submit certain information to 
the manufacturer, this AD does not include that requirement.

(j) 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 (k) 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.

(k) 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 206-231-3221; [email protected].

(l) 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 (ANAC) 
AD 2020-05-01, effective May 26, 2020.
    (ii) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD 2020-05-02, effective May 26, 2020.
    (3) For ANAC AD 2020-05-01 and ANAC AD 2020-05-02, 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.
    (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-2020-0842.
    (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 December 1, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27618 Filed 12-15-20; 8:45 am]
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