[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Rules and Regulations]
[Pages 51597-51600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19847]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0701; Project Identifier MCAI-2021-00365-T; 
Amendment 39-21704; AD 2021-18-03]
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 superseding Airworthiness Directive (AD) 2020-26-
02, which applied to certain Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (type certificate previously held by Embraer 
S.A.) Model ERJ 190-400 airplanes. AD 2020-26-02 required amending the 
existing airplane flight manual (AFM) to incorporate a new limitation 
and revise certain normal procedures. This AD retains those 
requirements and also requires upgrading the electronic engine control 
(EEC) software, as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by 
reference. 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, and 
by the development of updated EEC software, which would

[[Page 51598]]

terminate the requirement to amend the existing AFM. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD becomes effective October 1, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 1, 
2021.
    The FAA must receive comments on this AD by November 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 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-2021-0701.

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-2021-
0701; 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 FAA issued AD 2020-26-02, Amendment 39-21357 (85 FR 81790, 
December 17, 2020) (AD 2020-26-02), which applied to Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica S.A. (type certificate previously 
held by Embraer S.A.) Model ERJ 190-400 airplanes. AD 2020-26-02 
required amending the existing AFM to incorporate a new limitation and 
revise certain normal procedures. The FAA issued AD 2020-26-02 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.

Actions Since AD 2020-26-02 Was Issued

    AD 2020-26-02 and the corresponding ANAC AD 2020-07-01 considered 
their requirements interim action. ANAC AD 2020-07-01 indicated that 
further mandatory actions may be necessary as a result of the 
investigation into failures in engines similar to those on affected 
airplanes. The manufacturer has since developed upgraded EEC software 
that will prevent the unsafe condition. The FAA has determined that 
further rulemaking is necessary; this AD follows from that 
determination.
    Since the FAA issued AD 2020-26-02, ANAC, which is the aviation 
authority for Brazil, has issued ANAC AD 2020-07-01R01, effective March 
26, 2021 (ANAC AD 2020-07-01R01) (also referred to as the Mandatory 
Continuing Airworthiness Information, or the MCAI), to correct an 
unsafe condition for certain Model ERJ 190-400 airplanes. ANAC AD 2020-
07-01R01 supersedes ANAC AD 2020-07-01.
    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, and the development of upgraded EEC software, which 
eliminates the need for the amendments to the existing AFM required by 
AD 2020-26-02. 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.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2020-26-02, this AD retains all of the requirements of AD 2020-26-02. 
Those requirements are referenced in ANAC AD 2020-07-01R01, which, in 
turn, is referenced in paragraph (g) of this AD.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2020-07-01R01 describes procedures for amending the 
existing AFM to incorporate a new limitation and revise the normal 
procedures to limit the engine N1 setting for flights above 33,000 ft. 
ANAC AD 2020-07-01R01 also describes procedures for upgrading the EEC 
software and subsequently removing the AFM amendments. 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 has 
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 developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
ANAC AD 2020-07-01R01 is incorporated by reference in this AD. This AD 
requires compliance with ANAC AD 2020-07-01R01 in its entirety through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this AD. Service information required by ANAC 
AD 2020-07-01R01 for compliance will be available at https://www.regulations.gov by searching for

[[Page 51599]]

and locating Docket No. FAA-2021-0701 after this AD is published.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Therefore, the FAA finds that notice and opportunity for prior public 
comment are unnecessary and that good cause exists for making this 
amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0701; Project Identifier MCAI-
2021-00365-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those 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, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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. Any commentary that the FAA receives 
which is not specifically designated as CBI will be placed in the 
public docket for this rulemaking.

Interim Action

    The FAA considers this AD interim action. Investigation into 
failures in engines similar to those installed on the affected 
airplanes will enable the manufacturer to obtain better insight into 
the nature, cause, and extent of the IFSDs, and eventually to develop 
final action to address the unsafe condition. Once final action has 
been identified, the FAA might consider further 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
----------------------------------------------------------------------------------------------------------------
                 Action                          Labor cost           Parts cost          Cost per product
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-26-02....  1 work-hour x $85 per                  $0  $85.
                                          hour = $85.
New required actions...................  Up to 3 work-hours x $85                0  Up to $255.
                                          per hour = Up to $255.
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    According to the manufacturer, some or all of the costs of this 
proposed AD may be covered under warranty, thereby reducing the cost 
impact on affected operators. The FAA does not control warranty 
coverage for affected operators. As a result, the FAA has included all 
known costs in the cost estimate.

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:
0
a. Removing airworthiness directive (AD) 2020-26-02, Amendment 39-

[[Page 51600]]

21357 (85 FR 81790, December 17, 2020), and
0
b. Adding the following new AD:

2021-18-03 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.) Airplanes: 
Amendment 39-21704; Docket No. FAA-2021-0701; Project Identifier 
MCAI-2021-00365-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective October 1, 
2021.

(b) Affected ADs

    This AD replaces AD 2020-26-02, Amendment 39-21357 (85 FR 81790, 
December 17, 2020) (AD 2020-26-02).

(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 Civil 
(ANAC) AD 2020-07-01R01, effective March 26, 2021 (ANAC AD 2020-07-
01R01).

(d) Subject

    Air Transport Association (ATA) of America Code 72, Turbine/
turboprop engine.

(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, and by 
the development of updated electronic engine control (EEC) software 
that will prevent the unsafe condition. 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 2020-07-01R01.

(h) Exceptions to ANAC AD 2020-07-01R01

    (1) Where ANAC AD 2020-07-01R01 refers to ``the effective date 
of [ANAC] AD 2020-07-01,'' this AD requires using January 4, 2021 
(the effective date of FAA AD 2020-26-02).
    (2) Where ANAC AD 2020-07-01R01 says to ``upgrade de EEC 
software,'' this AD requires to ``upgrade the EEC software.''
    (3) Where ANAC AD 2020-07-01R01 refers to its effective date, 
this AD requires using the effective date of this AD.
    (4) The ``Alternative method of compliance (AMOCs)'' section of 
ANAC AD 2020-07-01R01 does not apply to this AD.
    (5) Where paragraph (c)(2) of ANAC AD 2020-07-01R01 requires 
removing the airplane flight manual (AFM) amendments, this AD 
requires that the amendments to the existing AFM be removed before 
further flight after the EEC software has been updated.

(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].
    (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].

(j) 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 2020-07-01R01, effective March 26, 2021.
    (ii) [Reserved]
    (3) For ANAC AD 2020-07-01R01, 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-2021-0701.
    (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 September 9, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-19847 Filed 9-15-21; 8:45 am]
BILLING CODE 4910-13-P