Airworthiness Directives; Yaborã Indústria Aeronáutica S.A. (Type Certificate Previously Held by Embraer S.A.) Airplanes, 15940-15942 [2020-05766]
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15940
Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
(d) Subject
Air Transport Association (ATA) of
America Code 57, Wings.
(e) Reason
This AD was prompted by reports of
incomplete installations of the over wing
panel lug attachments in the production
assembly line. The FAA is issuing this AD to
address this condition, which, if not detected
and corrected, could reduce the structural
integrity of the wing.
(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, EASA AD 2019–0233.
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(h) Exceptions to EASA AD 2019–0233
(1) Where EASA AD 2019–0233 refers to its
effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Remarks’’ section of EASA AD
2019–0233 does not apply to this AD.
(3) Where any service information
referenced in EASA AD 2019–0233 specifies
reporting, this AD requires reporting all
inspection results at the applicable time
specified in paragraph (h)(3)(i) or (ii) of this
AD. If operators have reported findings as
part of obtaining any corrective actions
approved by Airbus SAS’s EASA Design
Organization Approval (DOA), operators are
not required to report those findings as
specified in this paragraph.
(i) If the inspection was done on or after
the effective date of this AD: Submit the
report within 30 days after the inspection.
(ii) If the inspection was done before the
effective date of this AD: Submit the report
within 30 days after the effective date of this
AD.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards 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 International Section, send it
to the attention of the person identified in
paragraph (j) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
faa.gov. 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, International Section,
Transport Standards Branch, FAA; or EASA;
VerDate Sep<11>2014
17:04 Mar 19, 2020
Jkt 250001
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0233 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, searching existing data sources,
gathering and maintaining the data needed,
and completing and reviewing the collection
of information. All responses to this
collection of information are mandatory as
required by this AD; the nature and extent of
confidentiality to be provided, if any. Send
comments regarding this burden estimate or
any other aspect of this collection of
information, including suggestions for
reducing this burden to Information
Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
easa.europa.eu; Internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu.
(4) You may view this material at the FAA,
Transport Standards 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–2019–0982.
(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 fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(j) Related Information
For more information about this AD,
contact Sanjay Ralhan, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3223; email Sanjay.Ralhan@faa.gov.
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for certain
Yabora˜ Indu´stria Aerona´utica S.A.
(Type Certificate Previously Held by
Embraer S.A.) Model ERJ 190–100 STD,
–100 LR, –100 ECJ, –100 IGW, –200
STD, –200 LR, and –200 IGW airplanes.
This AD was prompted by a report of
erroneous indications of certain engine
parameters and reports of ‘‘pitch up’’
and ‘‘pitch down’’ uncommanded
attitudes with autopilot engaged in
cruise flight. This AD requires installing
updated PRIMUS EPIC LOAD software,
as specified in an Ageˆncia Nacional de
Aviac
¸a˜o Civil (ANAC) Brazilian AD,
which is incorporated by reference. The
FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective April 24,
2020.
The Director of the Federal Register
approved the incorporation by reference
(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) European Union Aviation Safety Agency
(EASA) AD 2019–0233, dated September 18,
2019; corrected September 19, 2019.
(ii) [Reserved]
(3) For information about EASA AD 2019–
0233, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
PO 00000
Frm 00032
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Issued on March 4, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–05764 Filed 3–19–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2019–0976; Product
Identifier 2019–NM–177–AD; Amendment
39–19871; AD 2020–05–21]
RIN 2120–AA64
Airworthiness Directives; Yabora˜
Indu´stria Aerona´utica S.A. (Type
Certificate Previously Held by Embraer
S.A.) Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
Discussion
of a certain publication listed in this AD
as of April 24, 2020.
ADDRESSES: For the material
incorporated by reference (IBR) in this
AD, contact National Civil Aviation
Agency, Aeronautical Products
Certification Branch (GGCP), Rua
Laurent Martins, nß209, Jardim
Esplanada, CEP 12242–431—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
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,
Transport Standards 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–2019–
0976.
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–2019–
0976; 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,
the regulatory evaluation, 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,
International Section, Transport
Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone and fax 206–231–3221; email
Krista.Greer@faa.gov.
SUPPLEMENTARY INFORMATION:
The ANAC, which is the aviation
authority for Brazil, has issued Brazilian
AD 2019–10–01, effective October 21,
2019 (‘‘Brazilian AD 2019–10–01’’) (also
referred to as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Yabora˜ Indu´stria Aerona´utica
S.A. (Type Certificate Previously Held
by Embraer S.A.) 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 certified 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 Yabora˜ Indu´stria
Aerona´utica S.A. (Type Certificate
Previously Held by Embraer S.A.) Model
ERJ 190–100 STD, –100 LR, –100 ECJ,
–100 IGW, –100 SR, –200 STD, –200 LR,
and –200 IGW airplanes. The NPRM
published in the Federal Register on
December 17, 2019 (84 FR 68824). The
NPRM was prompted by a report of
erroneous indications of certain engine
parameters and reports of ‘‘pitch up’’
and ‘‘pitch down’’ uncommanded
attitudes with autopilot engaged in
cruise flight. The NPRM proposed to
require installing updated PRIMUS EPIC
LOAD software, as specified in an
ANAC Brazilian AD.
The FAA is issuing this AD to address
erroneous indications of certain engine
parameters and reports of
uncommanded attitudes with autopilot
engaged in cruise flight, which could
interfere with the decisions taken by the
flight crew during takeoff and landing
and possibly result in reduced
controllability of the airplane. See the
MCAI for additional background
information.
15941
Explanation of Change to
Manufacturer’s Name
This AD identifies the manufacturer’s
name as published in the most recent
type certificate data sheet for the
affected models.
Comments
The FAA gave the public the
opportunity to participate in developing
this final rule. The FAA has considered
the comment received. The Air Line
Pilots Association, International (ALPA)
indicated its support for the NPRM.
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 IBR Material Under 1 CFR Part
51
Brazilian AD 2019–10–01 describes
procedures for installing updated
PRIMUS EPIC LOAD 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.
Costs of Compliance
The FAA estimates that this AD
affects 107 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
9 work-hours × $85 per hour = $765 ..........................................................................................
$0
$765
$81,855
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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
VerDate Sep<11>2014
17:04 Mar 19, 2020
Jkt 250001
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
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
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
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15942
Federal Register / Vol. 85, No. 55 / Friday, March 20, 2020 / Rules and Regulations
(d) Subject
Air Transport Association (ATA) of
America Code 31, Indicating/recording
systems.
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
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2020–05–21 Yabora˜ Indu´stria Aerona´utica
S.A. (Type Certificate Previously Held
by Embraer S.A.). Amendment 39–
19871; Docket No. FAA–2019–0976;
Product Identifier 2019–NM–177–AD.
(a) Effective Date
This AD is effective April 24, 2020.
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(b) Affected ADs
None.
(c) Applicability
This AD applies to Yabora˜ Indu´stria
Aerona´utica S.A. (Type Certificate Previously
Held by Embraer S.A.) Model ERJ 190–100
STD, –100 LR, –100 ECJ, –100 IGW, –200
STD, –200 LR, and –200 IGW airplanes, as
identified in Ageˆncia Nacional de Aviac
¸a˜o
Civil (ANAC) Brazilian AD 2019–10–01,
effective October 21, 2019 (‘‘Brazilian AD
2019–10–01’’).
VerDate Sep<11>2014
17:04 Mar 19, 2020
Jkt 250001
(e) Reason
This AD was prompted by a case of
erroneous indications of the engine
parameters N1, N2, and ITT from both
engines due to the design of data
communication of the full authority digital
engine control (FADEC) 1 and 2 with the
engine indicating and crew alerting system
(EICAS) display, which could result in
interference with decisions that must be
taken by the flight crew during takeoff. This
AD was also prompted by reports of ‘‘pitch
up’’ and ‘‘pitch down’’ uncommanded
attitudes with autopilot engaged in cruise
flight, which could occur in ‘‘Autoland’’
mode during landing. The FAA is proposing
this AD to address these conditions, which
could interfere with the decisions taken by
the flight crew during takeoff and landing
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, Brazilian AD 2019–10–01.
(h) Exceptions to Brazilian AD 2019–10–01
(1) Where Brazilian AD 2019–10–01 refers
to its effective date, this AD requires using
the effective date of this AD.
(2) The ‘‘Alternative method of compliance
(AMOC)’’ section of Brazilian AD 2019–10–
01 does not apply to this AD.
(3) Where paragraph (d) of Brazilian AD
2019–10–01 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) through (6) of Brazilian
AD 2019–10–01.
(i) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards 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 International Section, send it
to the attention of the person identified in
paragraph (j) of this AD. Information may be
emailed to: 9-ANM-116-AMOC-REQUESTS@
faa.gov. 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
PO 00000
Frm 00034
Fmt 4700
Sfmt 9990
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards 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,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3221; email Krista.Greer@faa.gov.
(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) Ageˆncia Nacional de Aviac
¸a˜o Civil
(ANAC) Brazilian AD 2019–10–01, effective
October 21, 2019.
(ii) [Reserved]
(3) For information about ANAC Brazilian
AD 2019–10–01, contact National Civil
Aviation Agency, Aeronautical Products
Certification Branch (GGCP), Rua Laurent
Martins, nß209, Jardim Esplanada, CEP
12242–431—Sa˜o Jose´ dos Campos—SP,
Brazil; telephone 55 (12) 3203–6600; email
pac@anac.gov.br; internet www.anac.gov.br/
en/.
(4) You may view this material at the FAA,
Transport Standards 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–2019–0976.
(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 fedreg.legal@
nara.gov, or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
Issued on March 4, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2020–05766 Filed 3–19–20; 8:45 am]
BILLING CODE 4910–13–P
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]]>Agencies
[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Rules and Regulations]
[Pages 15940-15942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05766]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0976; Product Identifier 2019-NM-177-AD; Amendment
39-19871; AD 2020-05-21]
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.
-----------------------------------------------------------------------
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 190-100 STD, -
100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes.
This AD was prompted by a report of erroneous indications of certain
engine parameters and reports of ``pitch up'' and ``pitch down''
uncommanded attitudes with autopilot engaged in cruise flight. This AD
requires installing updated PRIMUS EPIC LOAD software, as specified in
an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
Brazilian AD, which is incorporated by reference. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD is effective April 24, 2020.
The Director of the Federal Register approved the incorporation by
reference
[[Page 15941]]
of a certain publication listed in this AD as of April 24, 2020.
ADDRESSES: For the material incorporated by reference (IBR) in this AD,
contact National Civil Aviation Agency, Aeronautical Products
Certification Branch (GGCP), Rua Laurent Martins, n[ordm] 209, Jardim
Esplanada, CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP,
Brazil; telephone 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, Transport Standards 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-2019-0976.
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-2019-
0976; 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, the regulatory evaluation, 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,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221; email
[email protected].
SUPPLEMENTARY INFORMATION:
Discussion
The ANAC, which is the aviation authority for Brazil, has issued
Brazilian AD 2019-10-01, effective October 21, 2019 (``Brazilian AD
2019-10-01'') (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-
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 certified 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. (Type Certificate Previously
Held by Embraer S.A.) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100
IGW, -100 SR, -200 STD, -200 LR, and -200 IGW airplanes. The NPRM
published in the Federal Register on December 17, 2019 (84 FR 68824).
The NPRM was prompted by a report of erroneous indications of certain
engine parameters and reports of ``pitch up'' and ``pitch down''
uncommanded attitudes with autopilot engaged in cruise flight. The NPRM
proposed to require installing updated PRIMUS EPIC LOAD software, as
specified in an ANAC Brazilian AD.
The FAA is issuing this AD to address erroneous indications of
certain engine parameters and reports of uncommanded attitudes with
autopilot engaged in cruise flight, which could interfere with the
decisions taken by the flight crew during takeoff and landing and
possibly result in reduced controllability of the airplane. See the
MCAI for additional background information.
Explanation of Change to Manufacturer's Name
This AD identifies the manufacturer's name as published in the most
recent type certificate data sheet for the affected models.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA has considered the comment
received. The Air Line Pilots Association, International (ALPA)
indicated its support for the NPRM.
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 IBR Material Under 1 CFR Part 51
Brazilian AD 2019-10-01 describes procedures for installing updated
PRIMUS EPIC LOAD 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.
Costs of Compliance
The FAA estimates that this AD affects 107 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
9 work-hours x $85 per hour = $765........................... $0 $765 $81,855
----------------------------------------------------------------------------------------------------------------
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
[[Page 15942]]
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 (AD):
2020-05-21 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
(Type Certificate Previously Held by Embraer S.A.). Amendment 39-
19871; Docket No. FAA-2019-0976; Product Identifier 2019-NM-177-AD.
(a) Effective Date
This AD is effective April 24, 2020.
(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 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 STD,
-200 LR, and -200 IGW airplanes, as identified in Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) Brazilian AD 2019-10-
01, effective October 21, 2019 (``Brazilian AD 2019-10-01'').
(d) Subject
Air Transport Association (ATA) of America Code 31, Indicating/
recording systems.
(e) Reason
This AD was prompted by a case of erroneous indications of the
engine parameters N1, N2, and ITT from both engines due to the
design of data communication of the full authority digital engine
control (FADEC) 1 and 2 with the engine indicating and crew alerting
system (EICAS) display, which could result in interference with
decisions that must be taken by the flight crew during takeoff. This
AD was also prompted by reports of ``pitch up'' and ``pitch down''
uncommanded attitudes with autopilot engaged in cruise flight, which
could occur in ``Autoland'' mode during landing. The FAA is
proposing this AD to address these conditions, which could interfere
with the decisions taken by the flight crew during takeoff and
landing 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, Brazilian AD 2019-10-01.
(h) Exceptions to Brazilian AD 2019-10-01
(1) Where Brazilian AD 2019-10-01 refers to its effective date,
this AD requires using the effective date of this AD.
(2) The ``Alternative method of compliance (AMOC)'' section of
Brazilian AD 2019-10-01 does not apply to this AD.
(3) Where paragraph (d) of Brazilian AD 2019-10-01 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) through (6) of Brazilian AD 2019-
10-01.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards 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 International Section, 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, International
Section, Transport Standards 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, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3221; 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)
Brazilian AD 2019-10-01, effective October 21, 2019.
(ii) [Reserved]
(3) For information about ANAC Brazilian AD 2019-10-01, contact
National Civil Aviation Agency, Aeronautical Products Certification
Branch (GGCP), Rua Laurent Martins, n[ordm] 209, Jardim Esplanada,
CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--SP, Brazil;
telephone 55 (12) 3203-6600; email [email protected]; internet
www.anac.gov.br/en/.
(4) You may view this material at the FAA, Transport Standards
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-
2019-0976.
(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 March 4, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-05766 Filed 3-19-20; 8:45 am]
BILLING CODE 4910-13-P
