Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 1981-1983 [2023-00124]
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Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations
under this paragraph in writing by
certified mail, return receipt requested.
The person against whom the civil
penalty is assessed by the final decision
shall pay the full amount of the civil
penalty assessed in the final decision
within 30 calendar days unless
otherwise determined by the Under
Secretary for Nuclear Security.
(15) If a civil penalty assessed in a
final decision is not paid as provided in
paragraphs(c)(3), (6), or (14) of this
section, as appropriate, the Under
Secretary for Nuclear Security may
request the Department of Justice to
initiate a civil action to collect the
penalty imposed under this paragraph
in accordance with section 234 c. of the
AEA.
(16) The Under Secretary for Nuclear
Security or his/her designee may
publish redacted versions of notices of
violation and final decisions.
[FR Doc. 2023–00342 Filed 1–11–23; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2022–1246; Project
Identifier MCAI–2022–00675–T; Amendment
39–22291; AD 2022–27–06]
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.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Embraer S.A. Model ERJ 190–100 STD,
–100 LR, –100 ECJ, –100 IGW, –200
STD, –200 LR, and –200 IGW airplanes.
This AD was prompted by a report of
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 AD requires installing
updated Primus EPIC software, 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 February 16,
2023.
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SUMMARY:
VerDate Sep<11>2014
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Jkt 259001
1981
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of February 16, 2023.
ADDRESSES:
AD Docket: You may examine the AD
docket at regulations.gov under Docket
No. FAA–2022–1246; 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 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 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 at regulations.gov
under Docket No. FAA–2022–1246.
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:
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. This condition, if
not addressed, could interfere with the
decisions taken by the flightcrew during
critical phases of flight.
In the NPRM, the FAA proposed to
require installing updated Primus EPIC
software, as specified in ANAC AD
2022–05–04. The FAA is issuing this
AD to address uncommanded setting of
the barometric reference in both primary
flight displays, which could interfere
with the decisions taken by the
flightcrew during critical phases of
flight, and possibly result in reduced
controllability of the airplane.
You may examine the MCAI in the
AD docket at regulations.gov under
Docket No. FAA–2022–1246.
Background
Related Service Information Under 1
CFR Part 51
This AD requires ANAC AD 2022–05–
04, which 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 ADDRESSES.
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 ERJ
190–100 STD, –100 LR, –100 ECJ, –100
IGW, –200 STD, –200 LR, and –200 IGW
airplanes. The NPRM published in the
Federal Register on October 20, 2022
(87 FR 63704). The NPRM was
prompted by AD 2022–05–04, effective
May 25, 2022, issued by ANAC, which
is the aviation authority for Brazil
(ANAC AD 2022–05–04) (referred to
after this as the MCAI). The MCAI states
that there was a report of uncommanded
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
the Air Line Pilots Association,
International (ALPA) who supported the
NPRM without change.
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, considered
the comment received, 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. This AD is
adopted as proposed in the NPRM.
Costs of Compliance
The FAA estimates that this AD
affects 121 airplanes of U.S. registry.
The FAA estimates the following costs
to comply with this AD:
E:\FR\FM\12JAR1.SGM
12JAR1
1982
Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations
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
$82,280
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.
khammond on DSKJM1Z7X2PROD with RULES
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
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:
■
2022–27–06 Embraer S.A.: Amendment
39–22291; Docket No. FAA–2022–1246;
Project Identifier MCAI–2022–00675–T.
(a) Effective Date
This airworthiness directive (AD) is
effective February 16, 2023.
(b) Affected ADs
This AD affects AD 2020–05–21,
Amendment 39–19871 (85 FR 15940, March
20, 2022) (AD 2020–05–21).
(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 190–100 STD, –100 LR, –100 ECJ,
–100 IGW, –200 STD, –200 LR, and –200
IGW airplanes, certificated in any category,
as identified in Ageˆncia Nacional de Aviac
¸a˜o
Civil (ANAC) AD 2022–05–04, effective May
25, 2022 (ANAC AD 2022–05–04).
(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.
The Amendment
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, ANAC AD 2022–05–04.
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(h) Exceptions to ANAC AD 2022–05–04
(1) Where ANAC AD 2022–05–04 refers to
its effective date, this AD requires using the
effective date of this AD.
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Fmt 4700
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(2) The ‘‘Alternative methods of
compliance (AMOC)’’ section of ANAC AD
2022–05–04 does not apply to this AD.
(3) Where paragraph (d) of ANAC AD
2022–05–04 states, ‘‘You must use the
following service information for the
installation of the Primus EPIC software
versions 25.9, 27.4 and 27.4.0.1 as required
by this AD,’’ replace that text with ‘‘You
must use the following service information
for the installation of the Primus EPIC
software versions 25.9, 27.4 and 27.4.0.1, as
applicable, except as provided in paragraphs
(a)(1) through (6) of ANAC AD 2022–05–04.’’
(i) Terminating Action for AD 2020–05–21
Accomplishing the actions required by this
AD on an airplane terminates all
requirements of AD 2020–05–21 for that
airplane only.
(j) No Reporting Requirement
Although the service information
referenced in ANAC AD 2022–05–04
specifies to submit certain information to the
manufacturer, this AD does not include that
requirement.
(k) 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 (l) 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.
(l) 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.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
E:\FR\FM\12JAR1.SGM
12JAR1
Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations
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) Ageˆncia Nacional de Aviac
¸a˜o Civil
(ANAC) AD 2022–05–04, effective May 25,
2022.
(ii) [Reserved]
(3) For ANAC AD 2022–05–04, 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.
Issued on December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–00124 Filed 1–11–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1105; Project
Identifier MCAI–2020–01459–T; Amendment
39–22086; AD 2020–25–03R1]
RIN 2120–AA64
Airworthiness Directives; Airbus SAS
Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule; removal.
AGENCY:
The FAA is removing
Airworthiness Directive (AD) 2020–25–
03, which applied to all Airbus SAS
Model A318, A319, A320, and A321
series airplanes. AD 2020–25–03
required repetitive checks of the
pressure gauges to determine the
amount of pressure on the inflation
reservoir of each emergency escape
slide/raft, and applicable corrective
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:10 Jan 11, 2023
Jkt 259001
actions. AD 2020–25–03 also provided
optional terminating action for the
repetitive checks. The FAA issued AD
2020–25–03 to address insufficient
reservoir pressure in an emergency
escape slide/raft, which would prevent
the deployment of the emergency escape
slide/raft during an emergency, possibly
resulting in injury to the occupants. The
FAA has determined that AD 2020–25–
03 is no longer necessary because the
unsafe condition no longer exists.
Accordingly, AD 2020–25–03 is
removed.
DATES: This AD becomes effective
January 12, 2023.
ADDRESSES: AD Docket: You may
examine the AD docket at
regulations.gov under Docket No. FAA–
2020–1105; 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, any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Dan
Rodina, Aerospace Engineer, Large
Aircraft Section, International
Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198;
telephone 206–231–3225; email
Dan.Rodina@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
The European Union Aviation Safety
Agency (EASA), which is the Technical
Agent for the Member States of the
European Union, previously issued AD
2020–0236, dated October 27, 2020
(EASA AD 2020–0236) (also referred to
as the Mandatory Continuing
Airworthiness Information, or the
MCAI), to correct an unsafe condition
for all Airbus SAS Model A318 series
airplanes; Model A319–111, –112, –113,
–114, –115, –131, –132, –133, –151N,
–153N, and –171N airplanes; Model
A320–211, –212, –214, –215, –216,
–231, –232, –233, –251N, –252N,
–253N, –271N, –272N, and –273N
airplanes; and Model A321 series
airplanes. The FAA issued
corresponding AD 2020–25–03,
Amendment 39–21345 (85 FR 79415,
December 10, 2020) (AD 2020–25–03),
for those airplanes except for Model
A319–153N and A320–215 airplanes,
which are not included on the U.S. type
certificate data sheet. AD 2020–25–03
required repetitive checks of the
pressure gauges to determine the
amount of pressure on the inflation
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
1983
reservoir of each emergency escape
slide/raft, and applicable corrective
actions. AD 2020–25–03 also provided
optional terminating action for the
repetitive checks. AD 2020–25–03 was
prompted by a report of a loud bang
heard during airplane boarding. A
subsequent inspection revealed that one
emergency escape slide/raft was found
with zero reservoir pressure due to a
burst rupture disk assembly in the
inflation reservoir, which was probably
caused by a manufacturing defect. The
FAA issued AD 2020–25–03 to address
insufficient reservoir pressure in an
emergency escape slide/raft, which
would prevent the deployment of the
emergency escape slide/raft during an
emergency, possibly resulting in injury
to the occupants.
Since the FAA issued AD 2020–25–
03, EASA issued AD 2020–0236–CN,
dated May 16, 2022, to cancel EASA AD
2020–0236. EASA advised the FAA that
SAFRAN Aerosystems, the
manufacturer of the affected parts,
produced service information with
instructions for replacement of the
rupture disk during overhaul of the
affected parts. EASA reports that no
rupture disk failures have occurred in
service or during overhaul.
Consequently, new risk analysis
determined that an unsafe condition no
longer exists that would warrant AD
action.
Subsequently, the FAA issued a
notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 by removing
AD 2020–25–03. The NPRM was
published in the Federal Register on
June 16, 2022 (87 FR 36274). The FAA
is issuing this AD to remove AD 2020–
25–03.
Discussion of Final Airworthiness
Directive
Comments
The FAA received a comment from
United Airlines Engineering in support
of the NPRM without change. The
commenter concurred with the proposal
to rescind AD 2020–25–03, noting that
there have been no known reports of
evacuation slide issues related to
rupture disc failure while in service or
during repair/overhaul. The commenter
added that a visual check of the slide
pressure is performed prior to each
revenue flight.
Change to Project Identifier Number
The NPRM identified the project
number as AD–2020–01459–T.
However, the project number for this
rescission is MCAI–2020–1459–T. The
FAA has revised this rescission
accordingly.
E:\FR\FM\12JAR1.SGM
12JAR1
Agencies
[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Rules and Regulations]
[Pages 1981-1983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00124]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1246; Project Identifier MCAI-2022-00675-T;
Amendment 39-22291; AD 2022-27-06]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100
IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD was prompted by
a report of 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 AD requires installing
updated Primus EPIC software, 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 February 16, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 16,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1246; 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 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
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 at regulations.gov under
Docket No. FAA-2022-1246.
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 ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR,
and -200 IGW airplanes. The NPRM published in the Federal Register on
October 20, 2022 (87 FR 63704). The NPRM was prompted by AD 2022-05-04,
effective May 25, 2022, issued by ANAC, which is the aviation authority
for Brazil (ANAC AD 2022-05-04) (referred to after this as the MCAI).
The MCAI states that there was 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. This condition, if not addressed, could interfere with the
decisions taken by the flightcrew during critical phases of flight.
In the NPRM, the FAA proposed to require installing updated Primus
EPIC software, as specified in ANAC AD 2022-05-04. The FAA is issuing
this AD to address uncommanded setting of the barometric reference in
both primary flight displays, which could interfere with the decisions
taken by the flightcrew during critical phases of flight, and possibly
result in reduced controllability of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2022-1246.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from the Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
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, considered the
comment received, 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. This AD is adopted as proposed in the
NPRM.
Related Service Information Under 1 CFR Part 51
This AD requires ANAC AD 2022-05-04, which 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
ADDRESSES.
Costs of Compliance
The FAA estimates that this AD affects 121 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 1982]]
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 $82,280
----------------------------------------------------------------------------------------------------------------
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:
2022-27-06 Embraer S.A.: Amendment 39-22291; Docket No. FAA-2022-
1246; Project Identifier MCAI-2022-00675-T.
(a) Effective Date
This airworthiness directive (AD) is effective February 16,
2023.
(b) Affected ADs
This AD affects AD 2020-05-21, Amendment 39-19871 (85 FR 15940,
March 20, 2022) (AD 2020-05-21).
(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 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -
200 STD, -200 LR, and -200 IGW airplanes, certificated in any
category, as identified in Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD 2022-05-04, effective May 25,
2022 (ANAC AD 2022-05-04).
(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 2022-05-04.
(h) Exceptions to ANAC AD 2022-05-04
(1) Where ANAC AD 2022-05-04 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 2022-05-04 does not apply to this AD.
(3) Where paragraph (d) of ANAC AD 2022-05-04 states, ``You must
use the following service information for the installation of the
Primus EPIC software versions 25.9, 27.4 and 27.4.0.1 as required by
this AD,'' replace that text with ``You must use the following
service information for the installation of the Primus EPIC software
versions 25.9, 27.4 and 27.4.0.1, as applicable, except as provided
in paragraphs (a)(1) through (6) of ANAC AD 2022-05-04.''
(i) Terminating Action for AD 2020-05-21
Accomplishing the actions required by this AD on an airplane
terminates all requirements of AD 2020-05-21 for that airplane only.
(j) No Reporting Requirement
Although the service information referenced in ANAC AD 2022-05-
04 specifies to submit certain information to the manufacturer, this
AD does not include that requirement.
(k) 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 (l) 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.
(l) 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].
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of
[[Page 1983]]
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) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2022-05-04, effective May 25, 2022.
(ii) [Reserved]
(3) For ANAC AD 2022-05-04, 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 December 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-00124 Filed 1-11-23; 8:45 am]
BILLING CODE 4910-13-P