Rule2021-19847
Airworthiness Directives; Yaborã Indústria Aeronáutica S.A. (Type Certificate Previously Held by Embraer S.A.) Airplanes
Primary source
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Published
September 16, 2021
Effective
October 1, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2020-26- 02, which applied to certain Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. (type certificate previously held by Embraer S.A.) Model ERJ 190-400 airplanes. AD 2020-26-02 required amending the existing airplane flight manual (AFM) to incorporate a new limitation and revise certain normal procedures. This AD retains those requirements and also requires upgrading the electronic engine control (EEC) software, 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 report of an in-flight shutdown (IFSD) due in part to failure in the low-pressure compressor (LPC) rotor 1 during operation in high altitude at high thrust settings, and by the development of updated EEC software, which would terminate the requirement to amend the existing AFM. 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 177 (Thursday, September 16, 2021)</title>
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[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Rules and Regulations]
[Pages 51597-51600]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19847]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0701; Project Identifier MCAI-2021-00365-T;
Amendment 39-21704; AD 2021-18-03]
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) 2020-26-
02, which applied to certain Yabor[atilde] Ind[uacute]stria
Aeron[aacute]utica S.A. (type certificate previously held by Embraer
S.A.) Model ERJ 190-400 airplanes. AD 2020-26-02 required amending the
existing airplane flight manual (AFM) to incorporate a new limitation
and revise certain normal procedures. This AD retains those
requirements and also requires upgrading the electronic engine control
(EEC) software, 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 report of an in-flight shutdown
(IFSD) due in part to failure in the low-pressure compressor (LPC)
rotor 1 during operation in high altitude at high thrust settings, and
by the development of updated EEC software, which would
[[Page 51598]]
terminate the requirement to amend the existing AFM. The FAA is issuing
this AD to address the unsafe condition on these products.
DATES: This AD becomes effective October 1, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 1,
2021.
The FAA must receive comments on this AD by November 1, 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#5828393b183936393b763f372e763a2a"><span class="__cf_email__" data-cfemail="dfafbebc9fbeb1bebcf1b8b0a9f1bdad">[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-2021-0701.
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-
0701; 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 206-231-3221;
email <a href="/cdn-cgi/l/email-protection#e388918a909782cd8491868691a3858282cd848c95"><span class="__cf_email__" data-cfemail="610a13081215004f0613040413210700004f060e17">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued AD 2020-26-02, Amendment 39-21357 (85 FR 81790,
December 17, 2020) (AD 2020-26-02), which applied to Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A. (type certificate previously
held by Embraer S.A.) Model ERJ 190-400 airplanes. AD 2020-26-02
required amending the existing AFM to incorporate a new limitation and
revise certain normal procedures. The FAA issued AD 2020-26-02 to
address uncontained release of the LPC rotor 1 and damage to the engine
and airplane structure, which could result in loss of control of the
airplane.
Actions Since AD 2020-26-02 Was Issued
AD 2020-26-02 and the corresponding ANAC AD 2020-07-01 considered
their requirements interim action. ANAC AD 2020-07-01 indicated that
further mandatory actions may be necessary as a result of the
investigation into failures in engines similar to those on affected
airplanes. The manufacturer has since developed upgraded EEC software
that will prevent the unsafe condition. The FAA has determined that
further rulemaking is necessary; this AD follows from that
determination.
Since the FAA issued AD 2020-26-02, ANAC, which is the aviation
authority for Brazil, has issued ANAC AD 2020-07-01R01, effective March
26, 2021 (ANAC AD 2020-07-01R01) (also referred to as the Mandatory
Continuing Airworthiness Information, or the MCAI), to correct an
unsafe condition for certain Model ERJ 190-400 airplanes. ANAC AD 2020-
07-01R01 supersedes ANAC AD 2020-07-01.
This AD was prompted by a report of an IFSD due in part to failure
in the LPC rotor 1 during operation in high altitude at high thrust
settings, and the development of upgraded EEC software, which
eliminates the need for the amendments to the existing AFM required by
AD 2020-26-02. The FAA is issuing this AD to address uncontained
release of the LPC rotor 1 and damage to the engine and airplane
structure, which could result in loss of control 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
2020-26-02, this AD retains all of the requirements of AD 2020-26-02.
Those requirements are referenced in ANAC AD 2020-07-01R01, which, in
turn, is referenced in paragraph (g) of this AD.
Related Service Information Under 1 CFR Part 51
ANAC AD 2020-07-01R01 describes procedures for amending the
existing AFM to incorporate a new limitation and revise the normal
procedures to limit the engine N1 setting for flights above 33,000 ft.
ANAC AD 2020-07-01R01 also describes procedures for upgrading the EEC
software and subsequently removing the AFM amendments. 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 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 the MCAI
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 developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result,
ANAC AD 2020-07-01R01 is incorporated by reference in this AD. This AD
requires compliance with ANAC AD 2020-07-01R01 in its entirety through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this AD. Service information required by ANAC
AD 2020-07-01R01 for compliance will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for
[[Page 51599]]
and locating Docket No. FAA-2021-0701 after this AD is published.
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-2021-0701; Project Identifier MCAI-
2021-00365-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 206-231-3221. Any commentary that the FAA receives
which is not specifically designated as CBI will be placed in the
public docket for this rulemaking.
Interim Action
The FAA considers this AD interim action. Investigation into
failures in engines similar to those installed on the affected
airplanes will enable the manufacturer to obtain better insight into
the nature, cause, and extent of the IFSDs, and eventually to develop
final action to address the unsafe condition. Once final action has
been identified, the FAA might consider further 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
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Action Labor cost Parts cost Cost per product
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Retained actions from AD 2020-26-02.... 1 work-hour x $85 per $0 $85.
hour = $85.
New required actions................... Up to 3 work-hours x $85 0 Up to $255.
per hour = Up to $255.
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According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected operators. The FAA does not control warranty
coverage for affected operators. 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
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.
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) 2020-26-02, Amendment 39-
[[Page 51600]]
21357 (85 FR 81790, December 17, 2020), and
0
b. Adding the following new AD:
2021-18-03 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.
(Type Certificate Previously Held by Embraer S.A.) Airplanes:
Amendment 39-21704; Docket No. FAA-2021-0701; Project Identifier
MCAI-2021-00365-T.
(a) Effective Date
This airworthiness directive (AD) becomes effective October 1,
2021.
(b) Affected ADs
This AD replaces AD 2020-26-02, Amendment 39-21357 (85 FR 81790,
December 17, 2020) (AD 2020-26-02).
(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 190-400 airplanes, certificated in any category, as
identified in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil
(ANAC) AD 2020-07-01R01, effective March 26, 2021 (ANAC AD 2020-07-
01R01).
(d) Subject
Air Transport Association (ATA) of America Code 72, Turbine/
turboprop engine.
(e) Reason
This AD was prompted by a report of an in-flight shutdown (IFSD)
due in part to failure in the low-pressure compressor (LPC) rotor 1
during operation in high altitude at high thrust settings, and by
the development of updated electronic engine control (EEC) software
that will prevent the unsafe condition. The FAA is issuing this AD
to address uncontained release of the LPC rotor 1 and damage to the
engine and airplane structure, which could result in loss of control
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 2020-07-01R01.
(h) Exceptions to ANAC AD 2020-07-01R01
(1) Where ANAC AD 2020-07-01R01 refers to ``the effective date
of [ANAC] AD 2020-07-01,'' this AD requires using January 4, 2021
(the effective date of FAA AD 2020-26-02).
(2) Where ANAC AD 2020-07-01R01 says to ``upgrade de EEC
software,'' this AD requires to ``upgrade the EEC software.''
(3) Where ANAC AD 2020-07-01R01 refers to its effective date,
this AD requires using the effective date of this AD.
(4) The ``Alternative method of compliance (AMOCs)'' section of
ANAC AD 2020-07-01R01 does not apply to this AD.
(5) Where paragraph (c)(2) of ANAC AD 2020-07-01R01 requires
removing the airplane flight manual (AFM) amendments, this AD
requires that the amendments to the existing AFM be removed before
further flight after the EEC software has been updated.
(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#c2fbef839491ef838b90eff5f1f2ef838f8d8182a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="9fa6b2dec9ccb2ded6cdb2a8acafb2ded2d0dcdff9fefeb1f8f0e9">[email protected]</span></a>.
(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 206-231-3221; email <a href="/cdn-cgi/l/email-protection#7a110813090e1b541d081f1f083a1c1b1b541d150c"><span class="__cf_email__" data-cfemail="442f362d3730256a2336212136042225256a232b32">[email protected]</span></a>.
(j) 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 2020-07-01R01, effective March 26, 2021.
(ii) [Reserved]
(3) For ANAC AD 2020-07-01R01, 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#a8d8c9cbe8c9c6c9cb86cfc7de86cada"><span class="__cf_email__" data-cfemail="ef9f8e8caf8e818e8cc1888099c18d9d">[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-2021-0701.
(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#1c7a6e3275726f6c797f687573725c727d6e7d327b736a"><span class="__cf_email__" data-cfemail="4a2c38642324393a2f293e2325240a242b382b642d253c">[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 September 9, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-19847 Filed 9-15-21; 8:45 am]
BILLING CODE 4910-13-P
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