Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 59345-59347 [2022-21024]
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Proposed Rules
back in an airworthy condition. Any
substitutions or changes to procedures
or tests identified as RC require
approval of an AMOC.
(k) Related Information
(1) For EASA AD 2022–0057, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221
8999 000; email ADs@easa.europa.eu;
internet easa.europa.eu. You may find
this EASA AD on the EASA website at
ad.easa.europa.eu. You may view this
material at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA,
call 206–231–3195. This material may
be found in the AD docket at
regulations.gov by searching for and
locating Docket No. FAA–2022–1242.
(2) For more information about this
AD, contact Vladimir Ulyanov,
Aerospace Engineer, Large Aircraft
Section, FAA, International Validation
Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone 206–231–
3229; email vladimir.ulyanov@faa.gov.
(3) For service information identified
in this AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne,
Germany; telephone +49 221 8999 000;
email ADs@easa.europa.eu; internet
easa.europa.eu. You may find this
material on the EASA website
atad.easa.europa.eu. You may view this
service information 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.
Issued on September 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–21022 Filed 9–29–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
jspears on DSK121TN23PROD with PROPOSALS
[Docket No. FAA–2022–1243; Project
Identifier MCAI–2022–00674–T]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
(Type Certificate Previously Held by
Yabora˜ Indu´stria Aerona´utica S.A.;
Embraer S.A.) Airplanes
Federal Aviation
Administration (FAA), DOT.
AGENCY:
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16:46 Sep 29, 2022
Jkt 256001
Notice of proposed rulemaking
(NPRM).
ACTION:
The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170
airplanes. This proposed AD was
prompted by a report of uncommanded
setting of the barometric reference in
both primary flight displays (PFDs) due
to the architecture of data
communication of the Control I/O
modules, which interconnect the
display controllers to the air data
system. This proposed AD would
require installing updated Primus EPIC
software, as specified in an Ageˆncia
Nacional de Aviac
¸a˜o Civil (ANAC) AD,
which is proposed for incorporation by
reference. The FAA is proposing this
AD to address the unsafe condition on
these products.
SUMMARY:
The FAA must receive comments
on this proposed AD November 14,
2022.
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
regulations.gov. Follow the instructions
for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material that will be incorporated
by reference (IBR) in this AD, contact
National Civil Aviation Agency (ANAC),
Aeronautical Products Certification
Branch (GGCP), Rua Dr. Orlando
Feirabend Filho, 230—Centro
Empresarial Aquarius—Torre B—
Andares 14 a 18, Parque Residencial
Aquarius, CEP 12.246–190—Sa˜o Jose´
dos Campos—SP, Brazil; telephone 55
(12) 3203–6600; email pac@anac.gov.br;
website anac.gov.br/en/. You may find
this material on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp. You may view this material at
the FAA, Airworthiness Products
Section, Operational Safety Branch,
2200 South 216th St., Des Moines, WA.
For information on the availability of
this material at the FAA, call 206–231–
3195. It is also available in the AD
docket at regulations.gov by searching
for and locating Docket No. FAA–2022–
1243.
ADDRESSES:
PO 00000
Frm 00004
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Sfmt 4702
59345
Examining the AD Docket
You may examine the AD docket at
regulations.gov by searching for and
locating Docket No. FAA–2022–1243; or
in person at Docket Operations between
9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this NPRM, the
mandatory continuing airworthiness
information (MCAI), any comments
received, and other information. The
street address for Docket Operations is
listed above.
FOR FURTHER INFORMATION CONTACT:
Hassan Ibrahim, Aerospace Engineer,
Large Aircraft Section, FAA,
International Validation Branch, 2200
South 216th St., Des Moines, WA 98198;
telephone 206–231–3653; email
hassan.m.ibrahim@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket No.
FAA–2022–1243; Project Identifier
MCAI–2022–00674–T’’ at the beginning
of your comments. The most helpful
comments reference a specific portion of
the proposal, explain the reason for any
recommended change, and include
supporting data. The FAA will consider
all comments received by the closing
date and may amend this proposal
because of those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
received, without change, to
regulations.gov, including any personal
information you provide. The agency
will also post a report summarizing each
substantive verbal contact received
about this NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
E:\FR\FM\30SEP1.SGM
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59346
Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Proposed Rules
under the FOIA, and they will not be
placed in the public docket of this
NPRM. Submissions containing CBI
should be sent to Hassan Ibrahim,
Aerospace Engineer, Large Aircraft
Section, FAA, International Validation
Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone 206 231
3221; email Hassan.M.Ibrahim@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.
Background
The ANAC, which is the aviation
authority for Brazil, has issued ANAC
AD 2022–05–03, effective May 25, 2022
(ANAC AD 2022–05–03) (also referred
to as the MCAI), to correct an unsafe
condition for certain Model ERJ 170–
100 LR, –100 STD, –100 SE, and –100
SU airplanes; and Model ERJ 170–200
LR, –200 SU, –200 STD, and –200 LL
airplanes.
This proposed AD was prompted by
a report of uncommanded setting of the
barometric reference in both PFDs due
to the architecture of data
communication of the Control I/O
modules, which interconnect the
display controllers to the air data
system. The possibility of erroneous
indications for both pilots, combined
with possible adverse meteorological
conditions could result in an increase of
flightcrew workload. The FAA is
proposing this AD to address this
condition, which could interfere with
the decisions taken by the flightcrew
during critical phases of flight, and
possibly result in reduced
controllability of the airplane. See the
MCAI for additional background
information.
Relationship Between This Proposed
AD and AD 2020–05–22
This NPRM would not supersede AD
2020–05–22, Amendment 39–19872 (85
FR 15936, March 20, 2020) (AD 2020–
05–22). Rather, the FAA has determined
that a stand-alone AD would be more
appropriate to address the changes in
the MCAI. This NPRM would require
installing updated Primus EPIC
software. ANAC AD 2022–05–03
specifies that accomplishment of that
AD ‘‘covers the accomplishment of
[terminates] ANAC AD 2019–10–02’’
(which corresponds to FAA AD 2020–
05–22). Both AD 2020–05–22 and this
proposed AD require installing updated
Primus EPIC software standards, and the
FAA has determined that the actions in
AD 2020–05–22 must be done prior to
accomplishing the actions in this
proposed AD. Accomplishment of the
proposed actions in this proposed AD
on an airplane would then terminate all
of the requirements of AD 2020–05–22
for that airplane only.
Related Service Information Under 1
CFR Part 51
ANAC AD 2022–05–03 specifies
procedures for installing updated
Primus EPIC software. This material is
reasonably available because the
interested parties have access to it
through their normal course of business
or by the means identified in the
ADDRESSES section.
FAA’s Determination
This product has been approved by
the aviation authority of another
country and is approved for operation in
the United States. Pursuant to the FAA’s
bilateral agreement with the State of
Design Authority, it has notified the
FAA of the unsafe condition described
in the MCAI referenced above. The FAA
is issuing this NPRM after determining
that the unsafe condition described
previously is likely to exist or develop
in other products of the same type
design.
Proposed AD Requirements in This
NPRM
This proposed AD would require
accomplishing the actions specified in
ANAC AD 2022–05–03 described
previously, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Explanation of Required Compliance
Information
In the FAA’s ongoing efforts to
improve the efficiency of the AD
process, the FAA developed a process to
use some civil aviation authority (CAA)
ADs as the primary source of
information for compliance with
requirements for corresponding FAA
ADs. The FAA has been coordinating
this process with manufacturers and
CAAs. As a result, the FAA proposes to
incorporate ANAC AD 2022–05–03 by
reference in the FAA final rule. This
proposed AD would, therefore, require
compliance with ANAC AD 2022–05–03
in its entirety through that
incorporation, except for any differences
identified as exceptions in the
regulatory text of this proposed AD.
Service information required by ANAC
AD 2022–05–03 for compliance will be
available at regulations.gov by searching
for and locating Docket No. FAA–2022–
1243 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed
AD would affect 668 airplanes of U.S.
registry. The FAA estimates the
following costs to comply with this
proposed AD:
ESTIMATED COSTS FOR REQUIRED ACTIONS
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
8 work-hours × $85 per hour = $680 ..........................................................................................
$0
$680
$454,240
jspears on DSK121TN23PROD with PROPOSALS
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
VerDate Sep<11>2014
16:46 Sep 29, 2022
Jkt 256001
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
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Fmt 4702
Sfmt 4702
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
E:\FR\FM\30SEP1.SGM
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Federal Register / Vol. 87, No. 189 / Friday, September 30, 2022 / Proposed Rules
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866,
(2) Would not affect intrastate
aviation in Alaska, and
(3) Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
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:
■
Embraer S.A. (Type Certificate Previously
Held by Yabora˜ Indu´stria Aerona´utica
S.A.; Embraer S.A.): Docket No. FAA–
2022–1243; Project Identifier MCAI–
2022–00674–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by November
14, 2022.
(b) Affected ADs
This AD affects AD 2020–05–22,
Amendment 39–19872 (85 FR 15936, March
20, 2022) (AD 2020–05–22).
jspears on DSK121TN23PROD with PROPOSALS
(c) Applicability
This AD applies to Embraer S.A. (Type
Certificate previously held by Yabora˜
Indu´stria Aerona´utica S.A.; Embraer S.A.)
Model ERJ 170–100 LR, –100 STD, –100 SE,
and –100 SU airplanes; and Model ERJ 170–
200 LR, –200 SU, –200 STD, and –200 LL
airplanes, certificated in any category, as
identified in Ageˆncia Nacional de Aviac
¸a˜o
Civil (ANAC) AD 2022–05–03, effective May
25, 2022 (ANAC AD 2022–05–03).
(d) Subject
Air Transport Association (ATA) of
America Code 31, Instruments.
(e) Unsafe Condition
This AD was prompted by a report of
uncommanded setting of the barometric
reference in both primary flight displays due
to the architecture of data communication of
VerDate Sep<11>2014
16:46 Sep 29, 2022
Jkt 256001
the Control I/O modules, which interconnect
the display controllers to the air data system.
The FAA is issuing this AD to address this
condition, which could interfere with the
decisions taken by the flightcrew during
critical phases of flight, and possibly result
in reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, ANAC AD 2022–05–03.
(h) Exceptions to ANAC AD 2022–05–03
(1) Where ANAC AD 2022–05–03 refers to
its effective date, this AD requires using the
effective date of this AD.
(2) The ‘‘Alternative methods of
compliance (AMOC)’’ section of ANAC AD
2022–05–03 does not apply to this AD.
(3) Where paragraph (d) of ANAC AD
2022–05–03 specifies you must use certain
service information for software installation,
this AD specifies to use that service
information as applicable, except as provided
in paragraphs (a)(1) and (2) of ANAC AD
2022–05–03.
(i) Terminating Action for AD 2020–05–22
Accomplishing the actions required by this
AD on an airplane terminates all
requirements of AD 2020–05–22 for that
airplane only.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the International Validation Branch, send
it to the attention of the person identified in
paragraph (k)(2) of this AD. Information may
be emailed to: 9-AVS-AIR-730-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, International Validation
Branch, FAA; or ANAC; or ANAC’s
authorized Designee. If approved by the
ANAC Designee, the approval must include
the Designee’s authorized signature.
(k) Additional Information
(1) For ANAC AD 2022–05–03, contact
National Civil Aviation Agency (ANAC),
Aeronautical Products Certification Branch
(GGCP), Rua Dr. Orlando Feirabend Filho,
230—Centro Empresarial Aquarius—Torre
B—Andares 14 a 18, Parque Residencial
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
59347
Aquarius, CEP 12.246–190—Sa˜o Jose´ dos
Campos—SP, Brazil; telephone 55 (12) 3203–
6600; email pac@anac.gov.br; website
anac.gov.br/en/. You may find this ANAC
AD on the ANAC website at
sistemas.anac.gov.br/certificacao/DA/
DAE.asp. You may view this material at the
FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
St., Des Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195. This material may be found
in the AD docket at regulations.gov by
searching for and locating Docket No. FAA–
2022–1243.
(2) For more information about this AD,
contact Hassan Ibrahim, Aerospace Engineer,
Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des
Moines, WA 98198; telephone 206–231–
3653; email hassan.m.ibrahim@faa.gov.
Issued on September 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–21024 Filed 9–29–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1244; Project
Identifier MCAI–2022–00872–E]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
Deutschland Ltd. & Co KG (Type
Certificate Previously Held by RollsRoyce plc) Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
2020–12–01, which applies to certain
Rolls-Royce Deutschland Ltd. & Co KG
(RRD) Trent XWB–75, Trent XWB–79,
Trent XWB–79B, and Trent XWB–84
model turbofan engines. AD 2020–12–
01 requires initial and repetitive
inspections of the low-pressure
compressor (LPC) outlet guide vane
(OGV) outer mount ring assembly and,
depending on the results of the
inspections, possible replacement of the
LPC OGV outer mount ring assembly.
Since the FAA issued AD 2020–12–01,
it was determined that these inspections
are also necessary for RRD Trent XWB–
97 model turbofan engines. This
proposed AD would require initial and
repetitive inspections of the LPC OGV
outer mount ring assembly and,
depending on the results of the
SUMMARY:
E:\FR\FM\30SEP1.SGM
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Agencies
[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Proposed Rules]
[Pages 59345-59347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21024]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1243; Project Identifier MCAI-2022-00674-T]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer S.A.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model ERJ 170 airplanes. This proposed AD was
prompted by a report of uncommanded setting of the barometric reference
in both primary flight displays (PFDs) due to the architecture of data
communication of the Control I/O modules, which interconnect the
display controllers to the air data system. This proposed AD would
require installing updated Primus EPIC software, as specified in an
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which
is proposed for incorporation by reference. The FAA is proposing this
AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD November 14,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
Fax: 202-493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material that will be incorporated by reference (IBR) in this
AD, contact National Civil Aviation Agency (ANAC), Aeronautical
Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho,
230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email anac.gov.br">[email protected]anac.gov.br;
website anac.gov.br/en/. You may find this material on the ANAC website
at sistemas.anac.gov.br/certificacao/DA/DAE.asp. You may view this
material at the FAA, Airworthiness Products Section, Operational Safety
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195. It is also
available in the AD docket at regulations.gov by searching for and
locating Docket No. FAA-2022-1243.
Examining the AD Docket
You may examine the AD docket at regulations.gov by searching for
and locating Docket No. FAA-2022-1243; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this NPRM, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.
FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3653; email
[email protected].
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1243; Project Identifier
MCAI-2022-00674-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential
[[Page 59346]]
under the FOIA, and they will not be placed in the public docket of
this NPRM. Submissions containing CBI should be sent to Hassan Ibrahim,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206 231 3221; email [email protected] Any commentary
that the FAA receives which is not specifically designated as CBI will
be placed in the public docket for this rulemaking.
Background
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2022-05-03, effective May 25, 2022 (ANAC AD 2022-05-03) (also
referred to as the MCAI), to correct an unsafe condition for certain
Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and
Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL airplanes.
This proposed AD was prompted by a report of uncommanded setting of
the barometric reference in both PFDs due to the architecture of data
communication of the Control I/O modules, which interconnect the
display controllers to the air data system. The possibility of
erroneous indications for both pilots, combined with possible adverse
meteorological conditions could result in an increase of flightcrew
workload. The FAA is proposing this AD to address this condition, which
could interfere with the decisions taken by the flightcrew during
critical phases of flight, and possibly result in reduced
controllability of the airplane. See the MCAI for additional background
information.
Relationship Between This Proposed AD and AD 2020-05-22
This NPRM would not supersede AD 2020-05-22, Amendment 39-19872 (85
FR 15936, March 20, 2020) (AD 2020-05-22). Rather, the FAA has
determined that a stand-alone AD would be more appropriate to address
the changes in the MCAI. This NPRM would require installing updated
Primus EPIC software. ANAC AD 2022-05-03 specifies that accomplishment
of that AD ``covers the accomplishment of [terminates] ANAC AD 2019-10-
02'' (which corresponds to FAA AD 2020-05-22). Both AD 2020-05-22 and
this proposed AD require installing updated Primus EPIC software
standards, and the FAA has determined that the actions in AD 2020-05-22
must be done prior to accomplishing the actions in this proposed AD.
Accomplishment of the proposed actions in this proposed AD on an
airplane would then terminate all of the requirements of AD 2020-05-22
for that airplane only.
Related Service Information Under 1 CFR Part 51
ANAC AD 2022-05-03 specifies procedures for installing updated
Primus EPIC software. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in ANAC AD 2022-05-03 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2022-05-03 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2022-05-03 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by ANAC AD 2022-05-03
for compliance will be available at regulations.gov by searching for
and locating Docket No. FAA-2022-1243 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 668 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680........................... $0 $680 $454,240
----------------------------------------------------------------------------------------------------------------
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and
[[Page 59347]]
responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Embraer S.A. (Type Certificate Previously Held by Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.): Docket No.
FAA-2022-1243; Project Identifier MCAI-2022-00674-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 14, 2022.
(b) Affected ADs
This AD affects AD 2020-05-22, Amendment 39-19872 (85 FR 15936,
March 20, 2022) (AD 2020-05-22).
(c) Applicability
This AD applies to Embraer S.A. (Type Certificate previously
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes; and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL
airplanes, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2022-05-03, effective May 25, 2022 (ANAC AD 2022-05-03).
(d) Subject
Air Transport Association (ATA) of America Code 31, Instruments.
(e) Unsafe Condition
This AD was prompted by a report of uncommanded setting of the
barometric reference in both primary flight displays due to the
architecture of data communication of the Control I/O modules, which
interconnect the display controllers to the air data system. The FAA
is issuing this AD to address this condition, which could interfere
with the decisions taken by the flightcrew during critical phases of
flight, and possibly result in reduced controllability of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, ANAC AD 2022-05-03.
(h) Exceptions to ANAC AD 2022-05-03
(1) Where ANAC AD 2022-05-03 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Alternative methods of compliance (AMOC)'' section of
ANAC AD 2022-05-03 does not apply to this AD.
(3) Where paragraph (d) of ANAC AD 2022-05-03 specifies you must
use certain service information for software installation, this AD
specifies to use that service information as applicable, except as
provided in paragraphs (a)(1) and (2) of ANAC AD 2022-05-03.
(i) Terminating Action for AD 2020-05-22
Accomplishing the actions required by this AD on an airplane
terminates all requirements of AD 2020-05-22 for that airplane only.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If
approved by the ANAC Designee, the approval must include the
Designee's authorized signature.
(k) Additional Information
(1) For ANAC AD 2022-05-03, contact National Civil Aviation
Agency (ANAC), Aeronautical Products Certification Branch (GGCP),
Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55
(12) 3203-6600; email anac.gov.br">[email protected]anac.gov.br; website anac.gov.br/en/. You
may find this ANAC AD on the ANAC website at sistemas.anac.gov.br/
certificacao/DA/DAE.asp. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195. This material may be
found in the AD docket at regulations.gov by searching for and
locating Docket No. FAA-2022-1243.
(2) For more information about this AD, contact Hassan Ibrahim,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3653; email [email protected].
Issued on September 23, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-21024 Filed 9-29-22; 8:45 am]
BILLING CODE 4910-13-P