[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59345-59347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21024]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1243; Project Identifier MCAI-2022-00674-T]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. (Type Certificate 
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
S.A.; 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 Embraer S.A. Model ERJ 170 airplanes. This proposed AD was 
prompted by a report of uncommanded setting of the barometric reference 
in both primary flight displays (PFDs) due to the architecture of data 
communication of the Control I/O modules, which interconnect the 
display controllers to the air data system. This proposed AD would 
require installing updated Primus EPIC software, as specified in an 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which 
is proposed for incorporation 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 November 14, 
2022.

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 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 that will be 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; telephone 55 (12) 3203-6600; email anac.gov.br">pac@anac.gov.br; 
website anac.gov.br/en/. You may find this material on the ANAC website 
at 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. It is also 
available in the AD docket at regulations.gov by searching for and 
locating Docket No. FAA-2022-1243.

Examining the AD Docket

    You may examine the AD docket at regulations.gov by searching for 
and locating Docket No. FAA-2022-1243; 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, the mandatory 
continuing airworthiness information (MCAI), any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3653; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2022-1243; Project Identifier 
MCAI-2022-00674-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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

[[Page 59346]]

under the FOIA, and they will not be placed in the public docket of 
this NPRM. Submissions containing CBI should be sent to Hassan Ibrahim, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206 231 3221; email [email protected]. Any commentary 
that the FAA receives which is not specifically designated as CBI will 
be placed in the public docket for this rulemaking.

Background

    The ANAC, which is the aviation authority for Brazil, has issued 
ANAC AD 2022-05-03, effective May 25, 2022 (ANAC AD 2022-05-03) (also 
referred to as the MCAI), to correct an unsafe condition for certain 
Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and 
Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL airplanes.
    This proposed AD was prompted by a report of uncommanded setting of 
the barometric reference in both PFDs due to the architecture of data 
communication of the Control I/O modules, which interconnect the 
display controllers to the air data system. The possibility of 
erroneous indications for both pilots, combined with possible adverse 
meteorological conditions could result in an increase of flightcrew 
workload. The FAA is proposing this AD to address this condition, which 
could interfere with the decisions taken by the flightcrew during 
critical phases of flight, and possibly result in reduced 
controllability of the airplane. See the MCAI for additional background 
information.

Relationship Between This Proposed AD and AD 2020-05-22

    This NPRM would not supersede AD 2020-05-22, Amendment 39-19872 (85 
FR 15936, March 20, 2020) (AD 2020-05-22). Rather, the FAA has 
determined that a stand-alone AD would be more appropriate to address 
the changes in the MCAI. This NPRM would require installing updated 
Primus EPIC software. ANAC AD 2022-05-03 specifies that accomplishment 
of that AD ``covers the accomplishment of [terminates] ANAC AD 2019-10-
02'' (which corresponds to FAA AD 2020-05-22). Both AD 2020-05-22 and 
this proposed AD require installing updated Primus EPIC software 
standards, and the FAA has determined that the actions in AD 2020-05-22 
must be done prior to accomplishing the actions in this proposed AD. 
Accomplishment of the proposed actions in this proposed AD on an 
airplane would then terminate all of the requirements of AD 2020-05-22 
for that airplane only.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-05-03 specifies procedures for installing updated 
Primus EPIC software. 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, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in ANAC AD 2022-05-03 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed 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, the 
FAA proposes to incorporate ANAC AD 2022-05-03 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
ANAC AD 2022-05-03 in its entirety through that incorporation, except 
for any differences identified as exceptions in the regulatory text of 
this proposed AD. Service information required by ANAC AD 2022-05-03 
for compliance will be available at regulations.gov by searching for 
and locating Docket No. FAA-2022-1243 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 668 airplanes 
of U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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8 work-hours x $85 per hour = $680...........................              $0             $680         $454,240
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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

[[Page 59347]]

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

Embraer S.A. (Type Certificate Previously Held by Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.): Docket No. 
FAA-2022-1243; Project Identifier MCAI-2022-00674-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 14, 2022.

(b) Affected ADs

    This AD affects AD 2020-05-22, Amendment 39-19872 (85 FR 15936, 
March 20, 2022) (AD 2020-05-22).

(c) Applicability

    This AD applies to Embraer S.A. (Type Certificate previously 
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; 
Embraer S.A.) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes; and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL 
airplanes, certificated in any category, as identified in 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 
2022-05-03, effective May 25, 2022 (ANAC AD 2022-05-03).

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

(e) Unsafe Condition

    This AD was prompted by a report of uncommanded setting of the 
barometric reference in both primary flight displays due to the 
architecture of data communication of the Control I/O modules, which 
interconnect the display controllers to the air data system. The FAA 
is issuing this AD to address this condition, which could interfere 
with the decisions taken by the flightcrew during critical phases of 
flight, and possibly 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 2022-05-03.

(h) Exceptions to ANAC AD 2022-05-03

    (1) Where ANAC AD 2022-05-03 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Alternative methods of compliance (AMOC)'' section of 
ANAC AD 2022-05-03 does not apply to this AD.
    (3) Where paragraph (d) of ANAC AD 2022-05-03 specifies you must 
use certain service information for software installation, this AD 
specifies to use that service information as applicable, except as 
provided in paragraphs (a)(1) and (2) of ANAC AD 2022-05-03.

(i) Terminating Action for AD 2020-05-22

    Accomplishing the actions required by this AD on an airplane 
terminates all requirements of AD 2020-05-22 for that airplane only.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k)(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 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, 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) Additional Information

    (1) For ANAC AD 2022-05-03, 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; telephone 55 
(12) 3203-6600; email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You 
may find this ANAC AD on the ANAC website at 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 at regulations.gov by searching for and 
locating Docket No. FAA-2022-1243.
    (2) For more information about this AD, contact Hassan Ibrahim, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3653; email [email protected].

    Issued on September 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-21024 Filed 9-29-22; 8:45 am]
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