Rule2021-14612
Airworthiness Directives; Yaborã Indústria Aeronáutica S.A. (Type Certificate Previously Held by Embraer S.A.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 9, 2021
Effective
July 26, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2020-08- 11, which applied to all Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica Model ERJ 190- 300 and ERJ 190-400 airplanes. AD 2020-08-11 required revising the existing airplane flight manual (AFM) procedures associated with messages of smoke in the electronic bays presented on the respective engine indication and crew alerting system (EICAS). This AD continues to require revising the existing AFM procedures, and adds requirements for a terminating modification of the electrical wiring of the mid- electronic bay and backup smoke detectors; as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. This AD was prompted by a failure propagation test, which revealed that under certain conditions, the smoke detection system of the electrical bays erroneously indicated the presence of smoke via the respective EICAS messages. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 129 (Friday, July 9, 2021)</title>
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[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Rules and Regulations]
[Pages 36207-36210]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14612]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0456; Project Identifier MCAI-2021-00212-T;
Amendment 39-21601; AD 2021-12-14]
RIN 2120-AA64
Airworthiness Directives; Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer
S.A.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-08-
11, which applied to all Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica Model ERJ 190-
[[Page 36208]]
300 and ERJ 190-400 airplanes. AD 2020-08-11 required revising the
existing airplane flight manual (AFM) procedures associated with
messages of smoke in the electronic bays presented on the respective
engine indication and crew alerting system (EICAS). This AD continues
to require revising the existing AFM procedures, and adds requirements
for a terminating modification of the electrical wiring of the mid-
electronic bay and backup smoke detectors; as specified in an
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which
is incorporated by reference. This AD was prompted by a failure
propagation test, which revealed that under certain conditions, the
smoke detection system of the electrical bays erroneously indicated the
presence of smoke via the respective EICAS messages. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD becomes effective July 26, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 26,
2021.
The FAA must receive comments on this AD by August 23, 2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For material incorporated by reference (IBR) in this AD, contact
National Civil Aviation Agency (ANAC), Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, BRAZIL, Tel: 55 (12) 3203-6600; Email: <a href="/cdn-cgi/l/email-protection#7909181a391817181a571e160f571b0b"><span class="__cf_email__" data-cfemail="4f3f2e2c0f2e212e2c61282039612d3d">[email protected]</span></a>;
internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/. You may find this IBR material on the
ANAC website at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>.
You may view this IBR material at the FAA, Airworthiness Products
Section, Operational Safety Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195. It is also available in the AD docket on the
internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-0456.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0456; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
Large Aircraft Section, International Validation Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued AD 2020-08-11, Amendment 39-19903 (85 FR 27112, May
7, 2020) (AD 2020-08-11), which applied to all Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica Model ERJ 190-300 and ERJ 190-400
airplanes. AD 2020-08-11 required revising the existing AFM procedures
associated with messages of smoke in the electronic bays presented on
the respective EICAS. The FAA issued AD 2020-08-11 to provide the
flightcrew with revised AFM procedures for responding to erroneous
indications of smoke in the electrical bays presented on the EICAS. The
AFM procedures are intended to prevent loss of all electrical digital
current (DC) essential buses, causing loss of electrical power for
critical systems of the airplane.
Actions Since AD 2020-08-11 Was Issued
Since the FAA issued AD 2020-08-11, the FAA has determined that it
is necessary to mandate a modification to correct the root cause of
erroneous indications of smoke in the electrical bays presented on the
EICAS that will allow for removal of the AFM revision required by AD
2020-08-11. Production airplanes are not included in the applicability
of this AD because the modification required by this AD is incorporated
during production.
ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2021-02-01, effective February 15, 2021; corrected February 23, 2021
(ANAC AD 2021-02-01) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI); to correct an unsafe condition
for all Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica Model ERJ
190-300 and ERJ 190-400 airplanes. ANAC AD 2021-02-01 superseded ANAC
Emergency AD 2019-12-01, effective December 9, 2019 (which corresponds
to FAA AD 2020-08-11).
This AD was prompted by a failure propagation test, which revealed
that when complete loss of the electrical DC essential bus 2 was
induced, the smoke detection system of the forward and aft electrical
bays erroneously indicated the presence of smoke via the respective
EICAS messages. When these messages are displayed, the existing AFM
procedures require the flightcrew to turn off the essential electrical
buses DC ESS BUS 1 and DC ESS BUS 3. The FAA is issuing this AD to
address a loss of all electrical DC essential buses, and consequent
loss of electrical power for critical systems of the airplane. See the
MCAI for additional background information.
Explanation of Retained Requirements
Although this AD does not explicitly restate the requirements of AD
2020-08-11, this AD retains all of the requirements of AD 2020-08-11.
Those requirements are referenced in ANAC AD 2021-02-01, which, in
turn, is referenced in paragraph (g) of this AD.
Related Service Information Under 1 CFR Part 51
ANAC AD 2021-02-01 describes temporary revisions to the existing
AFM procedures associated with messages of smoke in the electronic bays
presented on the EICAS, and removal of those temporary revisions once a
modification of certain electrical wiring is completed. ANAC AD 2021-
02-01 also describes procedures for modification of electrical wiring
of the mid-electronic bay and backup smoke detectors, which is
terminating action for the temporary revisions to the AFM. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this AD because the FAA has
evaluated all pertinent information and determined
[[Page 36209]]
the unsafe condition exists and is likely to exist or develop on other
products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in ANAC AD
2021-02-01 described previously, as incorporated by reference, except
for any differences identified as exceptions in the regulatory text of
this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, ANAC AD 2021-02-01
is incorporated by reference in this AD. This AD, therefore, requires
compliance with ANAC AD 2021-02-01 in its entirety, through that
incorporation, except for any differences identified as exceptions in
the regulatory text of this AD. Service information specified in ANAC
AD 2021-02-01 that is required for compliance with ANAC AD 2021-02-01
is available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0456.
FAA's Justification and Determination of the Effective Date
There are currently no domestic operators of these products.
Therefore, the FAA finds that notice and opportunity for prior public
comment are unnecessary and that good cause exists for making this
amendment effective in less than 30 days.
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0456; Project Identifier MCAI-
2021-00212-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Krista
Greer, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3223; email <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="91fae3f8e2e5f0bff6e3f4f4e3bfd1f7f0f0bff6fee7">[email protected]</a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
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Cost per
Action Labor cost Parts cost product
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Retained action from AD 2020-08-11............ 1 work-hour x $85 per hour = $85 $0 $85
New actions................................... 6 work-hours x $85 per hour = 0 510
$510.
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Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
The FAA determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
(2) Will not affect intrastate aviation in Alaska.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
[[Page 36210]]
Adoption of the Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing airworthiness directive (AD) 2020-08-11, Amendment 39-19903
(85 FR 27112, May 7, 2020), and
0
b. Adding the following new AD:
2021-12-14 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
21601; Docket No. FAA-2021-0456; Project Identifier MCAI-2021-00212-
T.
(a) Effective Date
This airworthiness directive (AD) becomes effective July 26,
2021.
(b) Affected ADs
This AD replaces AD 2020-08-11, Amendment 39-19903 (85 FR 27112,
May 7, 2020) (AD 2020-08-11).
(c) Applicability
This AD applies to Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. (type certificate previously held by Embraer
S.A.) Model ERJ 190-300 and ERJ 190-400 airplanes, certificated in
any category, identified in Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD 2021-02-01, effective February
15, 2021; corrected February 23, 2021 (ANAC AD 2021-02-01).
(d) Subject
Air Transport Association (ATA) of America Code 24, Electrical
power.
(e) Reason
This AD was prompted by a failure propagation test, which
revealed that when complete loss of the electrical digital current
(DC) essential bus 2 was induced, the smoke detection system of the
forward and aft electrical bays erroneously indicated the presence
of smoke via the respective engine indication and crew alerting
system (EICAS) messages, and by the determination that a terminating
modification is necessary to correct the root cause of the unsafe
condition. The FAA is issuing this AD to address the potential loss
of all electrical DC essential buses, and consequent loss of
electrical power for critical systems of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, ANAC AD 2021-02-01.
(h) Exceptions to ANAC AD 2021-02-01
(1) Where ANAC AD 2021-02-01 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Where ANAC AD 2021-02-01 refers to December 9, 2019 (the
effective date of ANAC Emergency AD 2019-12-01), this AD requires
using May 22, 2020 (the effective date of AD 2020-08-11).
(3) The ``Alternative Methods of Compliance (AMOC)'' section of
ANAC AD 2021-02-01 does not apply to this AD.
(4) Where Part II, paragraph (b)(2), of ANAC AD 2021-02-01
specifies that after modification of the electrical wiring of the
mid electronic bay and backup smoke detectors the temporary airplane
flight manual (AFM) revisions ``must be removed,'' this AD requires
removing the temporary AFM revisions before further flight after
completing the modification required by Part II, paragraph (b)(1),
of ANAC AD 2021-02-01.
(i) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j) of this
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#4e77630f181d630f071c63797d7e630f03010d0e282f2f60292138"><span class="__cf_email__" data-cfemail="70495d3126235d3139225d4743405d313d3f33301611115e171f06">[email protected]</span></a>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or ANAC; or ANAC's
authorized Designee. If approved by the ANAC Designee, the approval
must include the Designee's authorized signature.
(j) Related Information
For more information about this AD, contact Krista Greer,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3223.
(k) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2021-02-01, effective February 15, 2021; corrected February 23,
2021.
(ii) [Reserved]
(3) For ANAC AD 2021-02-01, contact National Civil Aviation
Agency, Aeronautical Products Certification Branch (GGCP), Rua
Laurent Martins, n[deg] 209, Jardim Esplanada, CEP 12242-431--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12)
3203-6600; email <a href="/cdn-cgi/l/email-protection#b1c1d0d2f1d0dfd0d29fd6dec79fd3c3"><span class="__cf_email__" data-cfemail="2454454764454a45470a434b520a4656">[email protected]</span></a>; internet <a href="http://www.anac.gov">www.anac.gov</a>.br/en/. You
may find this IBR material on the ANAC website at <a href="https://sistemas.anac.gov.br/certificacao/DA/DAE.asp">https://sistemas.anac.gov.br/certificacao/DA/DAE.asp</a>.
(4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195. This material may be found in the AD
docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching
for and locating Docket No. FAA-2021-0456.
(5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#b0d6d5d4c2d5d79edcd5d7d1dcf0ded1c2d19ed7dfc6"><span class="__cf_email__" data-cfemail="147271706671733a7871737578547a7566753a737b62">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on June 4, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-14612 Filed 7-8-21; 8:45 am]
BILLING CODE 4910-13-P
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