Proposed Rule2022-21448
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes
Primary source
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Published
October 20, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt 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 proposed AD was prompted by a report of uncommanded setting of the barometric reference in both primary flight displays (PFDs) due to the architecture of data communication of the Control I/O modules, which interconnect the display controllers to the air data system. This proposed AD would require installing updated Primus EPIC software, as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 202 (Thursday, October 20, 2022)</title>
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[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Proposed Rules]
[Pages 63704-63706]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21448]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 202 / Thursday, October 20, 2022 /
Proposed Rules
[[Page 63704]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1246; Project Identifier MCAI-2022-00675-T]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. (Type Certificate
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica
S.A.; Embraer S.A.) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt 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 proposed AD was
prompted by a report of uncommanded setting of the barometric reference
in both primary flight displays (PFDs) due to the architecture of data
communication of the Control I/O modules, which interconnect the
display controllers to the air data system. This proposed AD would
require installing updated Primus EPIC software, as specified in an
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which
is proposed for incorporation by reference. The FAA is proposing this
AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by December 5,
2022.
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="http://regulations.gov">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 that will be incorporated by reference (IBR) in this
AD, contact National Civil Aviation Agency (ANAC), Aeronautical
Products Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho,
230--Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email <a href="/cdn-cgi/l/email-protection#02726361423e63226a7067643f" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>;
website <a href="http://anac.gov">anac.gov</a>.br/en/. You may find this material on the ANAC website
at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.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 <a href="http://regulations.gov">regulations.gov</a> by searching for and
locating Docket No. FAA-2022-1246.
Examining the AD Docket
You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> by searching for
and locating 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 NPRM, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.
FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3653; email
<a href="/cdn-cgi/l/email-protection#dab2bba9a9bbb4f4b7f4b3b8a8bbb2b3b79abcbbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="9ff7feececfef1b1f2b1f6fdedfef7f6f2dff9fefeb1f8f0e9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1246; Project Identifier
MCAI-2022-00675-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.
Confidential Business Information
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Hassan Ibrahim, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone 206 231 3653; email <a href="/cdn-cgi/l/email-protection#f29a938181939cdc9fdc9b9080939a9b9fb2949393dc959d84"><span class="__cf_email__" data-cfemail="cca4adbfbfada2e2a1e2a5aebeada4a5a18caaadade2aba3ba">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2022-05-04, effective May 25, 2022 (ANAC AD 2022-05-04) (also
referred to as the MCAI), to correct an unsafe condition for certain
Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -100 SR, -200 STD,
-200 LR, -200 IGW, airplanes. Model ERJ 190-100 SR airplanes are not
certificated by the FAA
[[Page 63705]]
and are not included on the U.S. type certificate data sheet; this
proposed AD therefore does not include those airplanes in the
applicability.
This proposed AD was prompted by a report of uncommanded setting of
the barometric reference in both PFDs due to the architecture of data
communication of the Control I/O modules, which interconnect the
display controllers to the air data system. The possibility of
erroneous indications for both pilots, combined with possible adverse
meteorological conditions could result in an increase of flightcrew
workload. The FAA is proposing this AD to address this condition, which
could interfere with the decisions taken by the flightcrew during
critical phases of flight, and possibly result in reduced
controllability of the airplane. See the MCAI for additional background
information.
Relationship Between This Proposed AD and AD 2020-05-21
This NPRM would not supersede AD 2020-05-21, Amendment 39-19871 (85
FR 15940, March 20, 2020) (AD 2020-05-21). ANAC AD 2022-05-04 specifies
that accomplishment of that AD ``covers the accomplishment of
[terminates] ANAC AD 2019-10-01'' (which corresponds to FAA AD 2020-05-
21). Accomplishment of the proposed actions of this AD on an airplane
would then terminate all of the requirements of AD 2020-05-21 for that
airplane only. The FAA concurs with ANAC with issuing a stand-alone AD
to address the changes in the MCAI.
Related Service Information Under 1 CFR part 51
ANAC AD 2022-05-04 specifies procedures for installing updated
Primus EPIC software. This material is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.
FAA's Determination
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in ANAC AD 2022-05-04 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2022-05-04 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2022-05-04 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by ANAC AD 2022-05-04
for compliance will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for
and locating Docket No. FAA-2022-1246 after the FAA final rule is
published.
Costs of Compliance
The FAA estimates that this proposed AD would affect 121 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
8 work-hours x $85 per hour = $680........................... $0 $680 $82,280
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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 proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 63706]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
Embraer S.A. (Type Certificate Previously Held by Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.): Docket No.
FAA-2022-1246; Project Identifier MCAI-2022-00675-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by December 5, 2022.
(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)(2) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#566f7b1700057b171f047b6165667b171b19151630373778313920"><span class="__cf_email__" data-cfemail="c0f9ed819693ed818992edf7f3f0ed818d8f8380a6a1a1eea7afb6">[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, 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
(1) For ANAC AD 2022-05-04, contact National Civil Aviation
Agency (ANAC), Aeronautical Products Certification Branch (GGCP),
Rua Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--
Torre B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-
190--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55
(12) 3203-6600; email <a href="/cdn-cgi/l/email-protection#73031210334f12531b0116154e" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website <a href="http://anac.gov">anac.gov</a>.br/en/. You
may find this ANAC AD on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/
certificacao/DA/DAE.asp. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195. This material may be
found in the AD docket at <a href="http://regulations.gov">regulations.gov</a> by searching for and
locating Docket No. FAA-2022-1246.
(2) For more information about this AD, contact Hassan Ibrahim,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3653; email <a href="/cdn-cgi/l/email-protection#640c051717050a4a094a0d0616050c0d09240205054a030b12"><span class="__cf_email__" data-cfemail="e880899b9b8986c685c6818a9a89808185a88e8989c68f879e">[email protected]</span></a>.
Issued on September 26, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-21448 Filed 10-19-22; 8:45 am]
BILLING CODE 4910-13-P
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