[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Rules and Regulations]
[Pages 81790-81792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27621]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1122; Project Identifier MCAI-2020-00972-T; 
Amendment 39-21357; AD 2020-26-02]
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: Final rule; request for comments.

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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 190-400 
airplanes. This AD was prompted by a report of an in-flight shutdown 
(IFSD) due in part to failure in the low-pressure compressor (LPC) 
rotor 1 during operation in high altitude at high thrust settings. This 
AD requires amending the airplane flight manual (AFM) to incorporate a 
new limitation and revise certain normal procedures, as specified in an 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 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 January 4, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 4, 
2021.
    The FAA must receive comments on this AD by February 1, 2021.

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 the 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 at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
1122.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1122; 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.

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 [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2020-07-01, effective July 15, 2020 (ANAC AD 2020-07-01) (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 190-400 airplanes.
    This AD was prompted by a report of an IFSD due in part to failure 
in the LPC rotor 1 during operation in high altitude at high thrust 
settings. The FAA is issuing this AD to address uncontained release of 
the LPC rotor 1 and damage to the engine and airplane structure, which 
could result in loss of control of the airplane. See the MCAI for 
additional background information.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2020-07-01 describes procedures for amending the AFM to 
incorporate a new limitation and revise the normal procedures to limit 
the engine N1 setting for flights above 33000 ft. 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 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 because the FAA evaluated 
all pertinent information and determined 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 the MCAI 
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 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 2020-07-01 
is incorporated by reference in this final rule. This AD, therefore, 
requires compliance with ANAC AD 2020-07-01 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 AD 2020-07-01 that is required for compliance with ANAC AD 2020-
07-01 is available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-1122.

[[Page 81791]]

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 reason stated above, the FAA finds 
that good cause exists for making this amendment effective in less than 
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety and was not preceded by notice and an opportunity for public 
comment. However, the FAA invites you to send any written comments, 
data, or views about this AD. 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 submit only one 
copy of the comments. Send your comments to an address listed under the 
ADDRESSES section. Include ``Docket No. FAA-2020-1122; Project 
Identifier MCAI-2020-00972-T'' 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 AD. The FAA will consider all comments 
received by the closing date for comments. The FAA may amend this AD 
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to 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 [email protected]. Any 
commentary that the FAA receives that is not specifically designated as 
CBI will be placed in the public docket for this rulemaking.

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.

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
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
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AFM revision..................................  1 work-hour x $85 per hour = $85              $0             $85
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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 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):

2020-26-02 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.) Airplanes: 
Amendment 39-21357; Docket No. FAA-2020-1122; Project Identifier 
MCAI-2020-00972-T.

(a) Effective Date

    This AD becomes effective January 4, 2021.

(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 190-400 airplanes, certificated in any category, as 
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o

[[Page 81792]]

Civil (ANAC) AD 2020-07-01, effective July 15, 2020 (ANAC AD 2020-
07-01).

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a report of an in-flight shutdown (IFSD) 
due in part to failure in the low-pressure compressor (LPC) rotor 1 
during operation in high altitude at high thrust settings. The FAA 
is issuing this AD to address uncontained release of the LPC rotor 1 
and damage to the engine and airplane structure, which could result 
in loss of control 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 2020-07-01.

(h) Exceptions to ANAC AD 2020-07-01

    (1) Where ANAC AD 2020-07-01 refers to its effective date, this 
AD requires using after the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOCs)'' section of 
ANAC AD 2020-07-01 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, International Validation 
Branch, 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 206-231-3221; email [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 2020-07-01, effective July 15, 2020.
    (ii) [Reserved]
    (3) For ANAC AD 2020-07-01, 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-2020-1122.
    (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 7, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27621 Filed 12-16-20; 8:45 am]
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