[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Rules and Regulations]
[Pages 10742-10744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03586]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1035; Project Identifier MCAI-2020-01017-T; 
Amendment 39-21430; AD 2021-04-09]
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 
EMB-135, EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, and -145XR 
airplanes. This AD was prompted by reports that calculations provided 
by the automatic takeoff thrust control system (ATTCS) are incorrect 
under certain conditions. This AD requires updating the software of the 
installed full authority digital engine control (FADEC) systems, 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

[[Page 10743]]

to address the unsafe condition on these products.

DATES: This AD is effective March 30, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 30, 
2021.

ADDRESSES: For ANAC 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-2020-1035.

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-
1035; 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: Kathleen Arrigotti, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2020-07-02, effective July 21, 2020 (ANAC AD 2020-07-02) (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 EMB-135, EMB-145, -
145EP, -145ER, -145LR, -145MP, -145MR, and -145XR airplanes. Model EMB-
145EU, EMB-145LU, and EMB-145MK 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 EMB-135, EMB-145, -
145EP, -145ER, -145LR, -145MP, -145MR, and -145XR airplanes. The NPRM 
published in the Federal Register on November 27, 2020 (85 FR 75964). 
The NPRM was prompted by reports that calculations provided by the 
ATTCS are incorrect under certain conditions. The NPRM proposed to 
require updating the software of the installed FADEC systems, as 
specified in ANAC AD 2020-07-02.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Changes Made to This AD

    Paragraph (c) of this AD has been revised to correct the reference 
to Model EMB-145ER airplanes.
    Certain paragraph designations have been corrected in the 
regulatory text of this AD.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule with the 
changes 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 2020-07-02 describes procedures for updating the software 
of the installed FADEC systems to version B9.4 or B9.4.1. 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 494 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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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425         $209,950
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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

[[Page 10744]]

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:

2021-04-09 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
21430; Docket No. FAA-2020-1035; Project Identifier MCAI-2020-01017-
T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 30, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. Model EMB-135BJ, -135ER, -135KE, -135KL, and 
-135LR airplanes; and Model EMB-145, -145EP, -145ER, -145LR, -145MP, 
-145MR, and -145XR airplanes; certificated in any category; as 
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD 2020-07-02, effective July 21, 2020 (ANAC AD 2020-07-02).

(d) Subject

    Air Transport Association (ATA) of America Code 73, Engine fuel 
and control.

(e) Reason

    This AD was prompted by reports that calculations provided by 
the automatic takeoff thrust control system (ATTCS) are incorrect 
under certain conditions. The FAA is issuing this AD to address the 
risk of over-prediction of the operational margins, without the 
necessary alert being provided to the flightcrew in some situations. 
This condition, if not corrected, could lead to a performance 
reduction during takeoff, in which case the airplane may not be able 
to take off safely.

(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 2020-07-02.

(h) Exceptions to ANAC AD 2020-07-02

    (1) Where ANAC AD 2020-07-02 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of 
ANAC AD 2020-07-02 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 responsible Flight 
Standards 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 
responsible Flight Standards 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 Kathleen Arrigotti, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3218; 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 (ANAC) 
AD 2020-07-02, effective July 21, 2020.
    (ii) [Reserved]
    (3) For ANAC AD 2020-07-02, 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-2020-1035.
    (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 February 5, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-03586 Filed 2-22-21; 8:45 am]
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