Airworthiness Directives; Yaborã Indústria Aeronáutica S.A. (Type Certificate Previously Held by Embraer S.A.) Airplanes, 58004-58007 [2020-20376]
Download as PDF
58004
Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Proposed Rules
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
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):
■
Pilatus Aircraft Ltd.: Docket No. FAA–2020–
0818; Project Identifier MCAI–2020–
00987–A.
(a) Comments Due Date
The FAA must receive comments by
November 2, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Pilatus Aircraft Ltd.
Model PC–24 airplanes, serial numbers 101
through 160 inclusive, certificated in any
category.
(d) Subject
Joint Aircraft System Component (JASC)
Code 2497, ELECTRICAL POWER SYSTEM
WIRING; 3197, INSTRUMENT SYSTEM
WIRING.
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(e) Unsafe Condition
This AD was prompted by electrical
harness installations on some PC–24
airplanes in production that did not comply
with the approved design. The FAA is
issuing this AD to prevent wire chafing and
potential arcing or failure of wires having the
incorrect length. The unsafe condition, if not
addressed, could result in loss of system
redundancy, electrical arcing, or loss of
power plant fire protection.
(f) Actions and Compliance
Unless already accomplished, during the
next annual inspection after the effective date
of this AD or within 12 months after the
effective date of this AD, whichever occurs
later, modify the electrical harness
installation in accordance with sections 3.A.
through 3.H. of Accomplishment Instructions
in Pilatus PC–24 Service Bulletin No. 91–
001, dated April 7, 2020.
(g) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
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16:42 Sep 16, 2020
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AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send
information to Doug Rudolph, Aerospace
Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901
Locust, Room 301, Kansas City, Missouri
64106; telephone: (816) 329–4059; fax: (816)
329–4090; email: doug.rudolph@faa.gov.
Before using any approved AMOC on any
airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in
the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
(2) 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.
(h) Related Information
(1) For more information about this AD,
contact Doug Rudolph, Aerospace Engineer,
FAA, General Aviation & Rotorcraft Section,
International Validation Branch, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4059; fax: (816) 329–
4090; email: doug.rudolph@faa.gov.
(2) Refer to MCAI European Union
Aviation Safety Agency (EASA) AD No.
2020–0158, dated July 16, 2020, for more
information. You may examine the EASA AD
in the AD docket on the internet at https://
www.regulations.gov by searching for and
locating it in Docket No. FAA–2020–0818.
(3) For service information identified in
this AD, contact Pilatus Aircraft Ltd., CH–
6371, Stans, Switzerland; telephone: +41 848
24 7 365; email: techsupport.ch@pilatusaircraft.com; internet: https://www.pilatusaircraft.com/. You may review this
referenced service information at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA, call
(816) 329–4148.
Issued on September 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–20485 Filed 9–16–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0842; Product
Identifier 2020–NM–101–AD]
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), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Yabora˜ Indu´stria Aerona´utica
S.A. Model ERJ 170 airplanes and
Model ERJ 190–100 STD, –100 LR, –100
ECJ, –100 IGW, –200 STD, –200 LR, and
–200 IGW airplanes. This proposed AD
was prompted by reports of installation
of inverted poles of the horizontal
stabilizer pitch trim switches on the
control yokes, which causes opposite
commands for the horizontal stabilizer.
This proposed AD would require
installing supports for the horizontal
stabilizer control yoke pitch trim
switches and re-identifying the control
yokes, as specified in two Ageˆncia
Nacional de Aviac
¸a˜o Civil (ANAC) ADs,
which will be incorporated by reference.
The FAA is proposing this AD to
address the unsafe condition on these
products.
SUMMARY:
The FAA must receive comments
on this proposed AD by November 2,
2020.
DATES:
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—Sa˜o Jose´
dos Campos—SP, BRAZIL, Tel: 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,
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–
0842.
ADDRESSES:
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Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Proposed Rules
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–
0842; 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, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
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;
Krista.Greer@faa.gov.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with PROPOSALS
Comments Invited
The FAA invites you to participate in
this rulemaking by submitting written
comments, data, or views about this
proposal. 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 send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit only one time. Send your
comments to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2020–0842; Product Identifier
2020–NM–101–AD’’ 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 proposed rulemaking.
Before acting on this proposal, the FAA
will consider all comments received by
the closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this NPRM 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 NPRM
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58005
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
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to the person identified
in the FOR FURTHER INFORMATION
CONTACT section. Any commentary that
the FAA receives which is not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
FAA’s Determination and Requirements
of This Proposed AD
Discussion
This proposed AD would require
accomplishing the actions specified in
ANAC AD 2020–05–01 and ANAC AD
2020–05–02 described previously, as
incorporated by reference, except for
any differences identified as exceptions
in the regulatory text of this AD.
The ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2020–05–01, effective May 26, 2020;
and ANAC AD 2020–05–02, effective
May 26, 2020 (‘‘ANAC AD 2020–05–01’’
and ‘‘ANAC AD 2020–05–02’’) (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. Model ERJ 170 airplanes and
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
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.
This proposed AD was prompted by
reports of installation of inverted poles
of the horizontal stabilizer pitch trim
switches on the control yokes, which
causes opposite commands for the
horizontal stabilizer. The FAA is
proposing this AD to address this
condition, which could result in
reduced controllability of the airplane.
See the MCAI for additional background
information.
Related IBR Material Under 1 CFR Part
51
ANAC AD 2020–05–01 and ANAC AD
2020–05–02 describe procedures for
installing supports for the horizontal
stabilizer control yoke pitch trim
switches and re-identifying the control
yokes. These documents are distinct
since they apply to different airplane
models. 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.
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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 proposing this AD
because the FAA evaluated all the
relevant information and determined
the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements
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 the European Union
Aviation Safety Agency (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–
05–01 and ANAC AD 2020–05–02 will
be incorporated by reference in the FAA
final rule. This proposed AD would,
therefore, require compliance with
ANAC AD 2020–05–01 and ANAC AD
2020–05–02 in its entirety, through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Service information specified in ANAC
AD 2020–05–01 and ANAC AD 2020–
05–02 that is required for compliance
with ANAC AD 2020–05–01 and ANAC
AD 2020–05–02 will be available on the
internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2020–0842 after the FAA final
rule is published.
Costs of Compliance
The FAA estimates that this proposed
AD affects 324 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this proposed AD:
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Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Proposed Rules
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per product
Cost on U.S. operators
Up to 7 work-hours × $85 per hour = $595 ............................
Up to $267 .............................
Up to $862 .............................
Up to $279,288.
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
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) 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.
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List of Subjects in 14 CFR Part 39
(h) Exceptions to ANAC AD 2020–05–01 and
ANAC AD 2020–05–02
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):
■
Yabora˜ Indu´stria Aerona´utica S.A. (Type
Certificate Previously Held by Embraer
S.A.): Docket No. FAA–2020–0842;
Product Identifier 2020–NM–101–AD.
(a) Comments Due Date
The FAA must receive comments by
November 2, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Yabora˜ Indu´stria
Aerona´utica S.A. Model airplanes identified
in paragraphs (c)(1) and (2) of this AD,
certificated in any category.
(1) Model ERJ 170–100 LR, –100 STD, –100
SE, –100 SU, –200 LR, –200 SU, –200 STD,
and –200 LL airplanes, as identified in
Ageˆncia Nacional de Aviac
¸a˜o Civil (ANAC)
AD 2020–05–01, effective May 26, 2020
(‘‘ANAC AD 2020–05–01’’).
(2) Model ERJ 190–100 STD, –100 LR, –100
ECJ, –100 IGW, –200 STD, –200 LR, and –200
IGW airplanes, as identified in ANAC AD
2020–05–02, effective May 26, 2020 (‘‘ANAC
AD 2020–05–02’’).
(d) Subject
Air Transport Association (ATA) of
America Code 27, Flight controls.
(e) Reason
This AD was prompted by reports of
installation of inverted poles of the
horizontal stabilizer pitch trim switches on
the control yokes, which causes opposite
commands for the horizontal stabilizer. The
FAA is issuing this AD to address this
condition, which could result in reduced
controllability of the airplane.
(f) Compliance
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Comply with this AD within the
compliance times specified, unless already
done.
The Proposed Amendment
(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 2020–05–01 and
ANAC AD 2020–05–02, as applicable.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
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(1) Where ANAC AD 2020–05–01 and
ANAC AD 2020–05–02 refer to their effective
date, this AD requires using the effective date
of this AD.
(2) The ‘‘Alternative method of compliance
(AMOC)’’ section of ANAC AD 2020–05–01
and ANAC AD 2020–05–02 does not apply to
this AD.
(3) Where ANAC AD 2020–05–01 and
ANAC AD 2020–05–02 prohibit installing
certain parts, this AD prohibits their
installation as of the applicable compliance
time specified by paragraph (h)(3)(i) or (ii) of
this AD.
(i) If the modification required by this AD
was done before the effective date of this AD,
installation is prohibited as of the effective
date of this AD.
(ii) If the modification required by this AD
is done after the effective date of this AD,
installation is prohibited after
accomplishment of the modification required
by 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)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@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, 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
(1) For information about ANAC AD 2020–
05–01 and ANAC AD 2020–05–02, contact
National Civil Aviation Agency (ANAC),
Aeronautical Products Certification Branch
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Federal Register / Vol. 85, No. 181 / Thursday, September 17, 2020 / Proposed Rules
(GGCP), Rua Dr. Orlando Feirabend Filho,
230—Centro Empresarial Aquarius—Torre
B—Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´ dos
Campos—SP, BRAZIL, Tel: 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 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–2020–0842.
(2) 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; Krista.Greer@faa.gov.
Issued on September 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020–20376 Filed 9–16–20; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0792; Product
Identifier 2018–SW–049–AD]
Examining the AD Docket
RIN 2120–AA64
Airworthiness Directives; Sikorsky
Aircraft Corporation Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
Sikorsky Aircraft Corporation (Sikorsky)
Model S–92A helicopters. This
proposed AD was prompted by seven
incidents of fatigue cracks in the
horizontal stabilizer root fitting FWD
(forward root fitting). This proposed AD
would require establishing the life limit
of certain part-numbered forward root
fittings, establishing the life limit of
certain part-numbered stabilizer strut
fittings, repetitively inspecting certain
parts, and depending on the inspection
results, removing parts from service.
This proposed AD would also prohibit
the installation of certain parts. The
FAA is proposing this AD to address the
unsafe condition on these products.
DATES: The FAA must receive comments
on this proposed AD by November 2,
2020.
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SUMMARY:
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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 service information identified in
this NPRM, contact your local Sikorsky
Field Representative or Sikorsky’s
Service Engineering Group at Sikorsky
Aircraft Corporation, 124 Quarry Road,
Trumbull, CT 06611; telephone 1–800–
946–4337 (1–800-Winged-S); email wcs_
cust_service_eng.gr-sik@lmco.com.
Operators may also log on to the
Sikorsky 360 website at https://
www.sikorsky360.com. You may view
this service information at the FAA,
Office of the Regional Counsel,
Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX
76177. For information on the
availability of this material at the FAA,
call 817–222–5110.
ADDRESSES:
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0792; 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, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT:
Dorie Resnik, Aerospace Engineer,
Boston ACO Branch, 1200 District
Avenue, Burlington, Massachusetts
01803; telephone 781–238–7693; email
dorie.resnik@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. 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
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58007
should send only one copy of written
comments, or if comments are filed
electronically, commenters should
submit only one time.
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 file in the docket all
comments received, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments received on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The FAA may change
this proposal in light of the comments
received.
Confidential Business Information
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
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Dorie Resnik, Aviation
Safety Engineer, Boston ACO Branch,
1200 District Avenue, Burlington,
Massachusetts 01803; telephone 781–
238–7693; email dorie.resnik@faa.gov.
Any commentary that the FAA receives
which is not specifically designated as
CBI will be placed in the public docket
for this rulemaking.
Discussion
The FAA proposes to adopt a new AD
for Sikorsky Model S–92A helicopters
with certain part-numbered horizontal
stabilizer assemblies (stabilizer
assembly), certain part-numbered
forward root fittings, or certain partnumbered stabilizer strut fittings
installed. This proposed AD was
prompted by seven incidents of fatigue
cracks in forward root fittings. Fatigue
cracking in a forward root fitting
degrades the load path and increases the
load on other assembly parts,
E:\FR\FM\17SEP1.SGM
17SEP1
Agencies
[Federal Register Volume 85, Number 181 (Thursday, September 17, 2020)]
[Proposed Rules]
[Pages 58004-58007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20376]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-0842; Product Identifier 2020-NM-101-AD]
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: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
Model ERJ 170 airplanes and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -
100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This proposed AD
was prompted by reports of installation of inverted poles of the
horizontal stabilizer pitch trim switches on the control yokes, which
causes opposite commands for the horizontal stabilizer. This proposed
AD would require installing supports for the horizontal stabilizer
control yoke pitch trim switches and re-identifying the control yokes,
as specified in two Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) ADs, which will be incorporated 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 by November 2,
2020.
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-2020-0842.
[[Page 58005]]
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-
0842; 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, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
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 protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. 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 send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time. Send your
comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2020-0842; Product Identifier 2020-NM-101-AD'' 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 proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM 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 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 under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Discussion
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2020-05-01, effective May 26, 2020; and ANAC AD 2020-05-02,
effective May 26, 2020 (``ANAC AD 2020-05-01'' and ``ANAC AD 2020-05-
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
ERJ 170 airplanes and 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 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.
This proposed AD was prompted by reports of installation of
inverted poles of the horizontal stabilizer pitch trim switches on the
control yokes, which causes opposite commands for the horizontal
stabilizer. The FAA is proposing this AD to address this condition,
which could result in reduced controllability of the airplane. See the
MCAI for additional background information.
Related IBR Material Under 1 CFR Part 51
ANAC AD 2020-05-01 and ANAC AD 2020-05-02 describe procedures for
installing supports for the horizontal stabilizer control yoke pitch
trim switches and re-identifying the control yokes. These documents are
distinct since they apply to different airplane models. 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 and Requirements of This Proposed AD
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 proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in ANAC AD 2020-05-01 and ANAC AD 2020-05-02 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 the European Union
Aviation Safety Agency (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 2020-05-01 and ANAC AD 2020-05-02
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with ANAC AD 2020-05-01 and
ANAC AD 2020-05-02 in its entirety, through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information specified in ANAC AD 2020-05-01
and ANAC AD 2020-05-02 that is required for compliance with ANAC AD
2020-05-01 and ANAC AD 2020-05-02 will be available on the internet at
https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0842 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 324 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 58006]]
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Labor cost Parts cost Cost per product Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 7 work-hours x $85 per hour = Up to $267............ Up to $862............ Up to $279,288.
$595.
----------------------------------------------------------------------------------------------------------------
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 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) 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.
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 (AD):
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. (Type
Certificate Previously Held by Embraer S.A.): Docket No. FAA-2020-
0842; Product Identifier 2020-NM-101-AD.
(a) Comments Due Date
The FAA must receive comments by November 2, 2020.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. Model airplanes identified in paragraphs
(c)(1) and (2) of this AD, certificated in any category.
(1) Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -
200 SU, -200 STD, and -200 LL airplanes, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2020-05-01, effective May 26, 2020 (``ANAC AD 2020-05-01'').
(2) Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200
STD, -200 LR, and -200 IGW airplanes, as identified in ANAC AD 2020-
05-02, effective May 26, 2020 (``ANAC AD 2020-05-02'').
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
(e) Reason
This AD was prompted by reports of installation of inverted
poles of the horizontal stabilizer pitch trim switches on the
control yokes, which causes opposite commands for the horizontal
stabilizer. The FAA is issuing this AD to address this condition,
which could 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 2020-05-01 and ANAC AD 2020-05-02, as
applicable.
(h) Exceptions to ANAC AD 2020-05-01 and ANAC AD 2020-05-02
(1) Where ANAC AD 2020-05-01 and ANAC AD 2020-05-02 refer to
their effective date, this AD requires using the effective date of
this AD.
(2) The ``Alternative method of compliance (AMOC)'' section of
ANAC AD 2020-05-01 and ANAC AD 2020-05-02 does not apply to this AD.
(3) Where ANAC AD 2020-05-01 and ANAC AD 2020-05-02 prohibit
installing certain parts, this AD prohibits their installation as of
the applicable compliance time specified by paragraph (h)(3)(i) or
(ii) of this AD.
(i) If the modification required by this AD was done before the
effective date of this AD, installation is prohibited as of the
effective date of this AD.
(ii) If the modification required by this AD is done after the
effective date of this AD, installation is prohibited after
accomplishment of the modification required by 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)(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 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
(1) For information about ANAC AD 2020-05-01 and ANAC AD 2020-
05-02, contact National Civil Aviation Agency (ANAC), Aeronautical
Products Certification Branch
[[Page 58007]]
(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
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-2020-0842.
(2) 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 protected].
Issued on September 10, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-20376 Filed 9-16-20; 8:45 am]
BILLING CODE 4910-13-P