Airworthiness Directives; Embraer S.A. Airplanes, 68889-68891 [2022-24988]

Download as PDF Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Rules and Regulations these final amendments to Regulation D. The rate change for IORB that is reflected in the final amendment to Regulation D was made with a view towards accommodating commerce and business and with regard to their bearing upon the general credit situation of the country. Notice and public comment would prevent the Board’s action from being effective as promptly as necessary in the public interest and would not otherwise serve any useful purpose. Notice, public comment, and a delayed effective date would create uncertainty about the finality and effectiveness of the Board’s action and undermine the effectiveness of that action. Accordingly, the Board has determined that good cause exists to dispense with the notice, public comment, and delayed effective date procedures of the APA with respect to this final amendment to Regulation D. ■ IV. Regulatory Flexibility Analysis DEPARTMENT OF TRANSPORTATION The Regulatory Flexibility Act (‘‘RFA’’) does not apply to a rulemaking where a general notice of proposed rulemaking is not required.10 As noted previously, the Board has determined that it is unnecessary and contrary to the public interest to publish a general notice of proposed rulemaking for this final rule. Accordingly, the RFA’s requirements relating to an initial and final regulatory flexibility analysis do not apply. V. Paperwork Reduction Act In accordance with the Paperwork Reduction Act (‘‘PRA’’) of 1995,11 the Board reviewed the final rule under the authority delegated to the Board by the Office of Management and Budget. The final rule contains no requirements subject to the PRA. List of Subjects in 12 CFR Part 204 Banks, Banking, Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, the Board amends 12 CFR part 204 as follows: PART 204—RESERVE REQUIREMENTS OF DEPOSITORY INSTITUTIONS (REGULATION D) 1. The authority citation for part 204 continues to read as follows: lotter on DSK11XQN23PROD with RULES1 ■ Authority: 12 U.S.C. 248(a), 248(c), 461, 601, 611, and 3105. 10 5 U.S.C. 603, 604. U.S.C. 3506; see 5 CFR part 1320 Appendix 11 44 A.1. VerDate Sep<11>2014 16:17 Nov 16, 2022 Jkt 259001 2. Section 204.10 is amended by revising paragraph (b)(1) to read as follows: § 204.10 Payment of interest on balances. * * * * * (b) * * * (1) For balances maintained in an eligible institution’s master account, interest is the amount equal to the interest on reserve balances rate (‘‘IORB rate’’) on a day multiplied by the total balances maintained on that day. The IORB rate is 3.90 percent. * * * * * By order of the Board of Governors of the Federal Reserve System. Ann E. Misback, Secretary of the Board. [FR Doc. 2022–25082 Filed 11–16–22; 8:45 am] BILLING CODE 6210–01–P Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0984; Project Identifier MCAI–2022–00236–T; Amendment 39–22207; AD 2022–21–08] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB–545 airplanes. This AD was prompted by an error that was detected in the airplane takeoff configuration warning logic. The error prevents the system from sounding an aural alert ‘‘No Takeoff Trim’’ for the flightcrew. This AD requires the installation of a new software version of engine indication and crew alert system (EICAS), as specified in an Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 22, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 22, 2022. ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–0984; or in person at Docket Operations between 9 a.m. and SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 68889 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. Material Incorporated by Reference: • For material incorporated by reference (IBR) in this AD, contact 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 IBR 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 under Docket No. FAA– 2022–0984. 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: Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Embraer S.A. Model EMB–545 airplanes. The NPRM published in the Federal Register on July 29, 2022 (87 FR 45707). The NPRM was prompted by AD 2022–02–02, effective February 23, 2022, issued by ANAC, which is the aviation authority for Brazil (referred to after this as the MCAI). The MCAI states that an error was detected in the airplane takeoff configuration warning logic. The error prevents the system from sounding an aural alert ‘‘No Takeoff Trim’’ for the flightcrew, if the pitch trim is in a position that would not allow a safe takeoff (positioned out of the green band indication). In the NPRM, the FAA proposed to require installation of a new software version of EICAS, as specified in ANAC E:\FR\FM\17NOR1.SGM 17NOR1 68890 Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Rules and Regulations AD 2022–02–02. The FAA is issuing this AD to address the lack of sound aural alert ‘‘No Takeoff Trim’’ to the flightcrew on a possibly misconfigured airplane, which could result in loss of airplane controllability. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2022–0984. Discussion of Final Airworthiness Directive Comments The FAA received no comments on the NPRM or on the determination of the cost to the public. Conclusion 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 this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator. Related Service Information Under 1 CFR Part 51 ANAC AD 2022–02–02 specifies procedures for installation of a new software version of EICAS. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section. Costs of Compliance The FAA estimates that this AD affects 41 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: ESTIMATED COSTS FOR REQUIRED ACTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 3.5 work-hours × $85 per hour * = $297.50 ................................................................................ ........................ $297.50 $12,197.50 * The FAA has received no definitive data on which to base the cost estimates for the parts specified in this AD. According to the manufacturer, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has included all known costs in the cost estimate. lotter on DSK11XQN23PROD with RULES1 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. the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify that this AD: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Will not affect intrastate aviation in Alaska, and (3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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. Regulatory Findings This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on VerDate Sep<11>2014 16:17 Nov 16, 2022 Jkt 259001 § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 2022–21–08 Embraer S.A.: Amendment 39– 22207; Docket No. FAA–2022–0984; Project Identifier MCAI–2022–00236–T. (a) Effective Date This airworthiness directive (AD) is effective December 22, 2022. (b) Affected ADs None. (c) Applicability This AD applies to Embraer S.A. Model EMB–545 airplanes, certificated in any category, as identified in Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2022–02–02, effective February 23, 2022 (ANAC AD 2022– 02–02). (d) Subject Air Transport Association (ATA) of America Code 27, Flight Controls. (e) Unsafe Condition This AD was prompted by an error that was detected in the airplane takeoff configuration warning logic. The error prevents the system from sounding an aural alert ‘‘No Takeoff Trim’’ for the flightcrew, if the pitch trim is in a position that would not allow a safe takeoff (positioned out of the green band indication). The FAA is issuing this AD to address the lack of sound aural alert ‘‘No Takeoff Trim’’ to the flightcrew on a possibly misconfigured airplane, which could result in loss of airplane controllability. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Requirements Except as specified in paragraphs (h) and (i) of this AD: Comply with all required E:\FR\FM\17NOR1.SGM 17NOR1 Federal Register / Vol. 87, No. 221 / Thursday, November 17, 2022 / Rules and Regulations actions and compliance times specified in, and in accordance with, ANAC AD 2022–02– 02. (h) Exceptions to ANAC AD 2022–02–02 (1) Where ANAC AD 2022–02–02 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 2022–02–02 does not apply to this AD. (3) Where paragraph (b) of ANAC AD 2022–02–02 specifies acceptable higher software versions, replace ‘‘For higher software versions, use the applicable Service Bulletin recommended by the Manufacturer’’ with ‘‘For higher software versions, use the applicable Service Bulletin approved by ANAC and recommended by the Manufacturer.’’ (i) No Reporting Required Although the service information referenced in ANAC AD 2022–02–02 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (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) 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 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. lotter on DSK11XQN23PROD with RULES1 (l) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference 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. VerDate Sep<11>2014 16:17 Nov 16, 2022 Jkt 259001 (i) Ageˆncia Nacional de Aviac ¸a˜o Civil (ANAC) AD 2022–02–02, effective February 23, 2022. (ii) [Reserved] (3) For ANAC AD 2022–02–02, contact 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 ANAC AD on the ANAC website at 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. (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 fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibrlocations.html. 68891 01–05, and AD 2019–20–13 required revising the existing maintenance or inspection program, as applicable. This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective December 22, 2022. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 22, 2022. The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of June 24, 2016 (81 FR 31844, May 20, 2016). The Director of the Federal Register approved the incorporation by reference Issued on October 3, 2022. of a certain other publication listed in Christina Underwood, this AD as of November 26, 2019 (84 FR Acting Director, Compliance & Airworthiness 56378, October 22, 2019). Division, Aircraft Certification Service. ADDRESSES: [FR Doc. 2022–24988 Filed 11–16–22; 8:45 am] AD Docket: You may examine the AD BILLING CODE 4910–13–P docket at regulations.gov under Docket No. FAA–2022–0682; or in person at DEPARTMENT OF TRANSPORTATION Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal Aviation Administration Federal holidays. The AD docket contains this final rule, the mandatory 14 CFR Part 39 continuing airworthiness information (MCAI), any comments received, and [Docket No. FAA–2022–0682; Project Identifier MCAI–2021–01271–T; Amendment other information. The address for Docket Operations is U.S. Department of 39–22171; AD 2022–19–02] Transportation, Docket Operations, M– RIN 2120–AA64 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Airworthiness Directives; Airbus SAS Washington, DC 20590. Airplanes Material Incorporated by Reference: • For EASA AD 2021–0250, contact AGENCY: Federal Aviation EASA, Konrad-Adenauer-Ufer 3, 50668 Administration (FAA), Department of Cologne, Germany; telephone +49 221 Transportation (DOT). 8999 000; email ADs@easa.europa.eu; ACTION: Final rule. internet easa.europa.eu. You may find SUMMARY: The FAA is superseding this EASA AD on the EASA website at Airworthiness Directive (AD) 2016–10– ad.easa.europa.eu. 08, AD 2017–05–10, and AD 2019–01– • For Airbus SAS service 05, which applied to certain Airbus SAS information, contact Airbus SAS, Model A330–200, –200 Freighter, and Airworthiness Office—EAL, Rond-Point –300 series airplanes; and AD 2019–20– Emile Dewoitine No: 2, 31700 Blagnac 13, which applied to certain Airbus SAS Cedex, France; telephone +33 5 61 93 36 Model A330–200, A330–200 Freighter, 96; fax +33 5 61 93 45 80; email A330–300, A340–200, A340–300, A340– airworthiness.A330-A340@airbus.com; 500, and A340–600 series airplanes. AD internet airbus.com. • You may view this service 2016–10–08 required determining the information at the FAA, Airworthiness flight cycles accumulated on certain trimmable horizontal stabilizer actuators Products Section, Operational Safety Branch, 2200 South 216th St., Des (THSAs), and replacing the THSA if Moines, WA. For information on the necessary. AD 2017–05–10, AD 2019– PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\17NOR1.SGM 17NOR1

Agencies

[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Rules and Regulations]
[Pages 68889-68891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24988]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0984; Project Identifier MCAI-2022-00236-T; 
Amendment 39-22207; AD 2022-21-08]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model EMB-545 airplanes. This AD was prompted by 
an error that was detected in the airplane takeoff configuration 
warning logic. The error prevents the system from sounding an aural 
alert ``No Takeoff Trim'' for the flightcrew. This AD requires the 
installation of a new software version of engine indication and crew 
alert system (EICAS), as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective December 22, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 22, 
2022.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0984; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference (IBR) in this AD, 
contact 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 
IBR 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 under Docket No. FAA-2022-0984.

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: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Embraer S.A. 
Model EMB-545 airplanes. The NPRM published in the Federal Register on 
July 29, 2022 (87 FR 45707). The NPRM was prompted by AD 2022-02-02, 
effective February 23, 2022, issued by ANAC, which is the aviation 
authority for Brazil (referred to after this as the MCAI). The MCAI 
states that an error was detected in the airplane takeoff configuration 
warning logic. The error prevents the system from sounding an aural 
alert ``No Takeoff Trim'' for the flightcrew, if the pitch trim is in a 
position that would not allow a safe takeoff (positioned out of the 
green band indication).
    In the NPRM, the FAA proposed to require installation of a new 
software version of EICAS, as specified in ANAC

[[Page 68890]]

AD 2022-02-02. The FAA is issuing this AD to address the lack of sound 
aural alert ``No Takeoff Trim'' to the flightcrew on a possibly 
misconfigured airplane, which could result in loss of airplane 
controllability.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0984.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-02-02 specifies procedures for installation of a new 
software version of EICAS.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 41 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3.5 work-hours x $85 per hour * = $297.50....................  ...............         $297.50       $12,197.50
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  AD.

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

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

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2022-21-08 Embraer S.A.: Amendment 39-22207; Docket No. FAA-2022-
0984; Project Identifier MCAI-2022-00236-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 22, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-545 airplanes, 
certificated in any category, as identified in Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2022-02-02, 
effective February 23, 2022 (ANAC AD 2022-02-02).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by an error that was detected in the 
airplane takeoff configuration warning logic. The error prevents the 
system from sounding an aural alert ``No Takeoff Trim'' for the 
flightcrew, if the pitch trim is in a position that would not allow 
a safe takeoff (positioned out of the green band indication). The 
FAA is issuing this AD to address the lack of sound aural alert ``No 
Takeoff Trim'' to the flightcrew on a possibly misconfigured 
airplane, which could result in loss of airplane controllability.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required

[[Page 68891]]

actions and compliance times specified in, and in accordance with, 
ANAC AD 2022-02-02.

(h) Exceptions to ANAC AD 2022-02-02

    (1) Where ANAC AD 2022-02-02 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 2022-02-02 does not apply to this AD.
    (3) Where paragraph (b) of ANAC AD 2022-02-02 specifies 
acceptable higher software versions, replace ``For higher software 
versions, use the applicable Service Bulletin recommended by the 
Manufacturer'' with ``For higher software versions, use the 
applicable Service Bulletin approved by ANAC and recommended by the 
Manufacturer.''

(i) No Reporting Required

    Although the service information referenced in ANAC AD 2022-02-
02 specifies to submit certain information to the manufacturer, this 
AD does not include that requirement.

(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) 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

    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].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2022-02-02, effective February 23, 2022.
    (ii) [Reserved]
    (3) For ANAC AD 2022-02-02, contact 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.
    (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.
    (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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 3, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24988 Filed 11-16-22; 8:45 am]
BILLING CODE 4910-13-P
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