Airworthiness Directives; Yaborã Indústria Aeronáutica S.A. (Type Certificate Previously Held by Embraer S.A.) Airplanes, 36207-36210 [2021-14612]

Download as PDF Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations 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: ■ 2021–13–03 Safran Helicopter Engines, S.A. (Type Certificate previously held by Turbomeca, S.A.): Amendment 39– 21608; Docket No. FAA–2020–1180; Project Identifier MCAI–2020–00517–E. (a) Effective Date This airworthiness directive (AD) is effective August 13, 2021. (b) Affected ADs None. (c) Applicability This AD applies to Safran Helicopter Engines, S.A. (Type Certificate previously held by Turbomeca, S.A.) Arriel 2B, 2B1, 2C, 2C1, 2C2, 2S1 and 2S2 model turboshaft engines with a fuel filter pre-blockage pressure switch, part number 9 550 17 200 0, and serial number (S/N) 00001 to 12753, inclusive, and S/N A0001 to A0247, inclusive, installed. (d) Subject Joint Aircraft System Component (JASC) Code 7321, Fuel Control/Turbine Engines. (e) Unsafe Condition This AD was prompted by reports from the manufacturer of non-conforming fuel filter pre-blockage pressure switches manufactured before December 2016. The FAA is issuing this AD to prevent the non-conformity of the fuel filter pre-blockage pressure switch, which can cause its non-activation in case of fuel system contamination, with consequent opening of the by-pass without indication in the cockpit. The unsafe condition, if not addressed, could result in uncommanded inflight shut-down of the engine, an emergency autorotation landing on a single engine helicopter, or an uncommanded in-flight shut-down of both engines on a twin engine helicopter. jbell on DSKJLSW7X2PROD with RULES (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions (1) After the effective date of this AD, during the pre-flight inspection for the first flight of each day the engine is operated, perform a visual inspection of the fuel filter by-pass indicator to determine if the fuel VerDate Sep<11>2014 15:58 Jul 08, 2021 Jkt 253001 filter by-pass indicator pop-up has been activated. (2) Within the next 300 hydro-mechanical metering unit (HMU) operating hours or 180 days after the effective date of this AD, whichever occurs first, perform an operational test of the fuel filter pre-blockage pressure switch in accordance with Task 73– 23–01–750–801–A01—Pre-Blockage Pressure Switch of the Fuel Filter Tests (Electrical), dated November 30, 2012, (the Task) from the Turbomeca Arriel 2 S1 Maintenance Manual. (3) During any visual inspection required by paragraph (g)(1) of this AD, if the fuel filter by-pass indicator pop-up has been activated or, during the operational test required by paragraph (g)(2) of this AD, any discrepancy is detected as described by the Task, before next flight, replace the fuel filter pre-blockage pressure switch with a part eligible for installation. (4) The actions required by paragraph (g)(1) of this AD may be performed by the owner/ operator (pilot) holding at least a private pilot certificate, and must be entered into the aircraft records showing compliance with this AD, in accordance with 14 CFR 43.9 (a)(1) through (4) and 14 CFR 91.417(a)(2)(v). The records must be maintained as required by 14 CFR 91.417, 121.380, or 135.439. (h) Terminating Action Passing the operational test (no failure detected) of the fuel filter pre-blockage pressure switch, as required by paragraph (g)(2) of this AD, or replacement of the fuel filter pre-blockage pressure switch with a part eligible for installation, constitutes a terminating action for the repetitive visual inspections required by paragraph (g)(1) of this AD for that engine. (i) Definition A part eligible for installation is a fuel filter pre-blockage pressure switch that is not listed in the Applicability, paragraph (c), of this AD, or a fuel filter pre-blockage pressure switch that has passed the operational test (no discrepancies detected) required by paragraph (g)(2) of this AD. (j) Alternative Methods of Compliance (AMOCs) (1) The Manager, ECO 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 manager of the ECO Branch, send it to the attention of the person identified in Related Information. You may email your request to: ANE-AD-AMOC@faa.gov. (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. (k) Related Information (1) For more information about this AD, contact Wego Wang, Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: (781) 238–7134; fax: (781) 238–7199; email: wego.wang@faa.gov. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 36207 (2) Refer to EASA AD 2019–0180, dated July 25, 2019, for more information. You may examine the EASA AD in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA–2020–1180. (l) 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 the AD specifies otherwise. (i) Task 73–23–01–750–801–A01—PreBlockage Pressure Switch of the Fuel Filter Tests (Electrical), dated November 30, 2012, from the Turbomeca Arriel 2 S1 Maintenance Manual. (ii) [Reserved] (3) For Turbomeca service information identified in this AD, contact Safran Helicopter Engines, S.A., Avenue du 1er Mai, Tarnos, France; phone: +33 (0) 5 59 74 40 00. (4) You may view this service information at FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (781) 238–7759. (5) You may view this service information 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 July 1, 2021. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–14520 Filed 7–8–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2021–0456; Project Identifier MCAI–2021–00212–T; Amendment 39–21601; AD 2021–12–14] 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: Final rule; request for comments. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2020–08– 11, which applied to all Yabora˜ Indu´stria Aerona´utica Model ERJ 190– SUMMARY: E:\FR\FM\09JYR1.SGM 09JYR1 jbell on DSKJLSW7X2PROD with RULES 36208 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations 300 and ERJ 190–400 airplanes. AD 2020–08–11 required revising the existing airplane flight manual (AFM) procedures associated with messages of smoke in the electronic bays presented on the respective engine indication and crew alerting system (EICAS). This AD continues to require revising the existing AFM procedures, and adds requirements for a terminating modification of the electrical wiring of the mid-electronic bay and backup smoke detectors; as specified in an Ageˆncia Nacional de Aviac¸a˜o Civil (ANAC) AD, which is incorporated by reference. This AD was prompted by a failure propagation test, which revealed that under certain conditions, the smoke detection system of the electrical bays erroneously indicated the presence of smoke via the respective EICAS messages. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD becomes effective July 26, 2021. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 26, 2021. The FAA must receive comments on this AD by August 23, 2021. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For material incorporated by reference (IBR) in this AD, contact National Civil Aviation Agency (ANAC), Aeronautical Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230— Centro Empresarial Aquarius—Torre B—Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246–190—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 VerDate Sep<11>2014 15:58 Jul 08, 2021 Jkt 253001 material at the FAA, call 206–231–3195. It is also available in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0456. Examining the AD Docket You may examine the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0456; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, any comments received, and other information. The street address for Docket Operations is listed above. FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3223. SUPPLEMENTARY INFORMATION: Background The FAA issued AD 2020–08–11, Amendment 39–19903 (85 FR 27112, May 7, 2020) (AD 2020–08–11), which applied to all Yabora˜ Indu´stria Aerona´utica Model ERJ 190–300 and ERJ 190–400 airplanes. AD 2020–08–11 required revising the existing AFM procedures associated with messages of smoke in the electronic bays presented on the respective EICAS. The FAA issued AD 2020–08–11 to provide the flightcrew with revised AFM procedures for responding to erroneous indications of smoke in the electrical bays presented on the EICAS. The AFM procedures are intended to prevent loss of all electrical digital current (DC) essential buses, causing loss of electrical power for critical systems of the airplane. Actions Since AD 2020–08–11 Was Issued Since the FAA issued AD 2020–08– 11, the FAA has determined that it is necessary to mandate a modification to correct the root cause of erroneous indications of smoke in the electrical bays presented on the EICAS that will allow for removal of the AFM revision required by AD 2020–08–11. Production airplanes are not included in the applicability of this AD because the modification required by this AD is incorporated during production. ANAC, which is the aviation authority for Brazil, has issued ANAC AD 2021–02–01, effective February 15, 2021; corrected February 23, 2021 (ANAC AD 2021–02–01) (also referred to as the Mandatory Continuing Airworthiness Information, or the PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 MCAI); to correct an unsafe condition for all Yabora˜ Indu´stria Aerona´utica Model ERJ 190–300 and ERJ 190–400 airplanes. ANAC AD 2021–02–01 superseded ANAC Emergency AD 2019– 12–01, effective December 9, 2019 (which corresponds to FAA AD 2020– 08–11). This AD was prompted by a failure propagation test, which revealed that when complete loss of the electrical DC essential bus 2 was induced, the smoke detection system of the forward and aft electrical bays erroneously indicated the presence of smoke via the respective EICAS messages. When these messages are displayed, the existing AFM procedures require the flightcrew to turn off the essential electrical buses DC ESS BUS 1 and DC ESS BUS 3. The FAA is issuing this AD to address a loss of all electrical DC essential buses, and consequent loss of electrical power for critical systems of the airplane. See the MCAI for additional background information. Explanation of Retained Requirements Although this AD does not explicitly restate the requirements of AD 2020– 08–11, this AD retains all of the requirements of AD 2020–08–11. Those requirements are referenced in ANAC AD 2021–02–01, which, in turn, is referenced in paragraph (g) of this AD. Related Service Information Under 1 CFR Part 51 ANAC AD 2021–02–01 describes temporary revisions to the existing AFM procedures associated with messages of smoke in the electronic bays presented on the EICAS, and removal of those temporary revisions once a modification of certain electrical wiring is completed. ANAC AD 2021–02–01 also describes procedures for modification of electrical wiring of the mid-electronic bay and backup smoke detectors, which is terminating action for the temporary revisions to the AFM. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. FAA’s Determination This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with the State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD because the FAA has evaluated all pertinent information and determined E:\FR\FM\09JYR1.SGM 09JYR1 36209 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations the unsafe condition exists and is likely to exist or develop on other products of the same type design. FAA’s Justification and Determination of the Effective Date There are currently no domestic operators of these products. Therefore, the FAA finds that notice and opportunity for prior public comment are unnecessary and that good cause exists for making this amendment effective in less than 30 days. Requirements of This AD This AD requires accomplishing the actions specified in ANAC AD 2021– 02–01 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 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 2021–02–01 is incorporated by reference in this AD. This AD, therefore, requires compliance with ANAC AD 2021–02–01 in its entirety, through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Service information specified in ANAC AD 2021–02–01 that is required for compliance with ANAC AD 2021–02–01 is available on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021– 0456. Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA– 2021–0456; Project Identifier MCAI– 2021–00212–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to https:// www.regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Krista Greer, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3223; email krista.greer.@ 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. Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance Currently, there are no affected U.S.registered airplanes. If an affected airplane is imported and placed on the U.S. Register in the future, the FAA provides the following cost estimates to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Action Labor cost Retained action from AD 2020–08–11 ......................... New actions .................................................................. 1 work-hour × $85 per hour = $85 ............................... 6 work-hours × $85 per hour = $510 ........................... jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 15:58 Jul 08, 2021 Jkt 253001 aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 Cost per product Parts cost $0 0 $85 510 between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, and (2) Will not affect intrastate aviation in Alaska. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. E:\FR\FM\09JYR1.SGM 09JYR1 36210 Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations 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: a. Removing airworthiness directive (AD) 2020–08–11, Amendment 39– 19903 (85 FR 27112, May 7, 2020), and ■ b. Adding the following new AD: ■ ■ 2021–12–14 Yabora˜ Indu´stria Aerona´utica S.A. (Type Certificate Previously Held by Embraer S.A.): Amendment 39– 21601; Docket No. FAA–2021–0456; Project Identifier MCAI–2021–00212–T. (a) Effective Date This airworthiness directive (AD) becomes effective July 26, 2021. (b) Affected ADs This AD replaces AD 2020–08–11, Amendment 39–19903 (85 FR 27112, May 7, 2020) (AD 2020–08–11). (c) Applicability This AD applies to Yabora˜ Indu´stria Aerona´utica S.A. (type certificate previously held by Embraer S.A.) Model ERJ 190–300 and ERJ 190–400 airplanes, certificated in any category, identified in Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2021–02–01, effective February 15, 2021; corrected February 23, 2021 (ANAC AD 2021–02–01). (d) Subject Air Transport Association (ATA) of America Code 24, Electrical power. jbell on DSKJLSW7X2PROD with RULES (e) Reason This AD was prompted by a failure propagation test, which revealed that when complete loss of the electrical digital current (DC) essential bus 2 was induced, the smoke detection system of the forward and aft electrical bays erroneously indicated the presence of smoke via the respective engine indication and crew alerting system (EICAS) messages, and by the determination that a terminating modification is necessary to correct the root cause of the unsafe condition. The FAA is issuing this AD to address the potential loss of all electrical DC essential buses, and consequent loss of electrical power for critical systems 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 2021–02–01. VerDate Sep<11>2014 15:58 Jul 08, 2021 Jkt 253001 (h) Exceptions to ANAC AD 2021–02–01 (1) Where ANAC AD 2021–02–01 refers to its effective date, this AD requires using the effective date of this AD. (2) Where ANAC AD 2021–02–01 refers to December 9, 2019 (the effective date of ANAC Emergency AD 2019–12–01), this AD requires using May 22, 2020 (the effective date of AD 2020–08–11). (3) The ‘‘Alternative Methods of Compliance (AMOC)’’ section of ANAC AD 2021–02–01 does not apply to this AD. (4) Where Part II, paragraph (b)(2), of ANAC AD 2021–02–01 specifies that after modification of the electrical wiring of the mid electronic bay and backup smoke detectors the temporary airplane flight manual (AFM) revisions ‘‘must be removed,’’ this AD requires removing the temporary AFM revisions before further flight after completing the modification required by Part II, paragraph (b)(1), of ANAC AD 2021–02– 01. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, Large Aircraft Section, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the Large Aircraft Section, International Validation Branch, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: 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 responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, Large Aircraft Section, International Validation Branch, FAA; or ANAC; or ANAC’s authorized Designee. If approved by the ANAC Designee, the approval must include the Designee’s authorized signature. (j) Related Information For more information about this AD, contact Krista Greer, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206–231–3223. (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) AD 2021–02–01, effective February 15, 2021; corrected February 23, 2021. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 (ii) [Reserved] (3) For ANAC AD 2021–02–01, contact National Civil Aviation Agency, Aeronautical Products Certification Branch (GGCP), Rua Laurent Martins, n° 209, 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. (4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. This material may be found in the AD docket on the internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2021–0456. (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 June 4, 2021. Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–14612 Filed 7–8–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2021–0207; Airspace Docket No. 21–ANM–6] RIN 2120–AA66 Establishment of Class E Airspace; Missoula, MT Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action establishes Class E domestic en route airspace extending upward from 1,200 feet above the surface at Missoula, MT. This airspace facilitates vectoring of instrument flight rules (IFR) aircraft and properly contains IFR aircraft operating on direct routes under the control of Salt Lake City Air Route Traffic Control Center (ARTCC) and Seattle ARTCC. DATES: Effective 0901 UTC, October 7, 2021. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments. SUMMARY: E:\FR\FM\09JYR1.SGM 09JYR1

Agencies

[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Rules and Regulations]
[Pages 36207-36210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14612]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0456; Project Identifier MCAI-2021-00212-T; 
Amendment 39-21601; AD 2021-12-14]
RIN 2120-AA64


Airworthiness Directives; Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer 
S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-08-
11, which applied to all Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica Model ERJ 190-

[[Page 36208]]

300 and ERJ 190-400 airplanes. AD 2020-08-11 required revising the 
existing airplane flight manual (AFM) procedures associated with 
messages of smoke in the electronic bays presented on the respective 
engine indication and crew alerting system (EICAS). This AD continues 
to require revising the existing AFM procedures, and adds requirements 
for a terminating modification of the electrical wiring of the mid-
electronic bay and backup smoke detectors; as specified in an 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which 
is incorporated by reference. This AD was prompted by a failure 
propagation test, which revealed that under certain conditions, the 
smoke detection system of the electrical bays erroneously indicated the 
presence of smoke via the respective EICAS messages. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD becomes effective July 26, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 26, 
2021.
    The FAA must receive comments on this AD by August 23, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
National Civil Aviation Agency (ANAC), Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, BRAZIL, Tel: 55 (12) 3203-6600; Email: [email protected]; 
internet www.anac.gov.br/en/. You may find this IBR material on the 
ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. 
You may view this IBR material at the FAA, Airworthiness Products 
Section, Operational Safety Branch, 2200 South 216th St., Des Moines, 
WA. For information on the availability of this material at the FAA, 
call 206-231-3195. It is also available in the AD docket on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2021-0456.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0456; or in person at Docket Operations between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. The AD docket contains 
this AD, any comments received, and other information. The street 
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued AD 2020-08-11, Amendment 39-19903 (85 FR 27112, May 
7, 2020) (AD 2020-08-11), which applied to all Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica Model ERJ 190-300 and ERJ 190-400 
airplanes. AD 2020-08-11 required revising the existing AFM procedures 
associated with messages of smoke in the electronic bays presented on 
the respective EICAS. The FAA issued AD 2020-08-11 to provide the 
flightcrew with revised AFM procedures for responding to erroneous 
indications of smoke in the electrical bays presented on the EICAS. The 
AFM procedures are intended to prevent loss of all electrical digital 
current (DC) essential buses, causing loss of electrical power for 
critical systems of the airplane.

Actions Since AD 2020-08-11 Was Issued

    Since the FAA issued AD 2020-08-11, the FAA has determined that it 
is necessary to mandate a modification to correct the root cause of 
erroneous indications of smoke in the electrical bays presented on the 
EICAS that will allow for removal of the AFM revision required by AD 
2020-08-11. Production airplanes are not included in the applicability 
of this AD because the modification required by this AD is incorporated 
during production.
    ANAC, which is the aviation authority for Brazil, has issued ANAC 
AD 2021-02-01, effective February 15, 2021; corrected February 23, 2021 
(ANAC AD 2021-02-01) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI); to correct an unsafe condition 
for all Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica Model ERJ 
190-300 and ERJ 190-400 airplanes. ANAC AD 2021-02-01 superseded ANAC 
Emergency AD 2019-12-01, effective December 9, 2019 (which corresponds 
to FAA AD 2020-08-11).
    This AD was prompted by a failure propagation test, which revealed 
that when complete loss of the electrical DC essential bus 2 was 
induced, the smoke detection system of the forward and aft electrical 
bays erroneously indicated the presence of smoke via the respective 
EICAS messages. When these messages are displayed, the existing AFM 
procedures require the flightcrew to turn off the essential electrical 
buses DC ESS BUS 1 and DC ESS BUS 3. The FAA is issuing this AD to 
address a loss of all electrical DC essential buses, and consequent 
loss of electrical power for critical systems of the airplane. See the 
MCAI for additional background information.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2020-08-11, this AD retains all of the requirements of AD 2020-08-11. 
Those requirements are referenced in ANAC AD 2021-02-01, which, in 
turn, is referenced in paragraph (g) of this AD.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2021-02-01 describes temporary revisions to the existing 
AFM procedures associated with messages of smoke in the electronic bays 
presented on the EICAS, and removal of those temporary revisions once a 
modification of certain electrical wiring is completed. ANAC AD 2021-
02-01 also describes procedures for modification of electrical wiring 
of the mid-electronic bay and backup smoke detectors, which is 
terminating action for the temporary revisions to the AFM. This 
material is reasonably available because the interested parties have 
access to it through their normal course of business or by the means 
identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA has 
evaluated all pertinent information and determined

[[Page 36209]]

the unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in ANAC AD 
2021-02-01 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 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 2021-02-01 
is incorporated by reference in this AD. This AD, therefore, requires 
compliance with ANAC AD 2021-02-01 in its entirety, through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Service information specified in ANAC 
AD 2021-02-01 that is required for compliance with ANAC AD 2021-02-01 
is available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0456.

FAA's Justification and Determination of the Effective Date

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

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0456; Project Identifier MCAI-
2021-00212-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this AD contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this AD, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this AD. Submissions containing CBI should be sent to Krista 
Greer, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3223; 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.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Retained action from AD 2020-08-11............  1 work-hour x $85 per hour = $85              $0             $85
New actions...................................  6 work-hours x $85 per hour =                  0             510
                                                 $510.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this AD will not have federalism 
implications under Executive Order 13132. This AD will not have a 
substantial direct effect on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 36210]]

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing airworthiness directive (AD) 2020-08-11, Amendment 39-19903 
(85 FR 27112, May 7, 2020), and
0
b. Adding the following new AD:

2021-12-14 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
21601; Docket No. FAA-2021-0456; Project Identifier MCAI-2021-00212-
T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 26, 
2021.

(b) Affected ADs

    This AD replaces AD 2020-08-11, Amendment 39-19903 (85 FR 27112, 
May 7, 2020) (AD 2020-08-11).

(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 190-300 and ERJ 190-400 airplanes, certificated in 
any category, identified in Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD 2021-02-01, effective February 
15, 2021; corrected February 23, 2021 (ANAC AD 2021-02-01).

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical 
power.

(e) Reason

    This AD was prompted by a failure propagation test, which 
revealed that when complete loss of the electrical digital current 
(DC) essential bus 2 was induced, the smoke detection system of the 
forward and aft electrical bays erroneously indicated the presence 
of smoke via the respective engine indication and crew alerting 
system (EICAS) messages, and by the determination that a terminating 
modification is necessary to correct the root cause of the unsafe 
condition. The FAA is issuing this AD to address the potential loss 
of all electrical DC essential buses, and consequent loss of 
electrical power for critical systems 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 2021-02-01.

(h) Exceptions to ANAC AD 2021-02-01

    (1) Where ANAC AD 2021-02-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where ANAC AD 2021-02-01 refers to December 9, 2019 (the 
effective date of ANAC Emergency AD 2019-12-01), this AD requires 
using May 22, 2020 (the effective date of AD 2020-08-11).
    (3) The ``Alternative Methods of Compliance (AMOC)'' section of 
ANAC AD 2021-02-01 does not apply to this AD.
    (4) Where Part II, paragraph (b)(2), of ANAC AD 2021-02-01 
specifies that after modification of the electrical wiring of the 
mid electronic bay and backup smoke detectors the temporary airplane 
flight manual (AFM) revisions ``must be removed,'' this AD requires 
removing the temporary AFM revisions before further flight after 
completing the modification required by Part II, paragraph (b)(1), 
of ANAC AD 2021-02-01.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, International Validation Branch, FAA, has 
the authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or responsible Flight 
Standards Office, as appropriate. If sending information directly to 
the Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (j) of this 
AD. Information may be emailed to: [email protected]. 
Before using any approved AMOC, notify your appropriate principal 
inspector, or lacking a principal inspector, the manager of the 
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, Large Aircraft 
Section, International Validation Branch, FAA; or ANAC; or ANAC's 
authorized Designee. If approved by the ANAC Designee, the approval 
must include the Designee's authorized signature.

(j) Related Information

    For more information about this AD, contact Krista Greer, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2021-02-01, effective February 15, 2021; corrected February 23, 
2021.
    (ii) [Reserved]
    (3) For ANAC AD 2021-02-01, contact National Civil Aviation 
Agency, Aeronautical Products Certification Branch (GGCP), Rua 
Laurent Martins, n[deg] 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.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195. This material may be found in the AD 
docket on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2021-0456.
    (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 June 4, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-14612 Filed 7-8-21; 8:45 am]
BILLING CODE 4910-13-P