Rule2022-24988
Airworthiness Directives; 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
November 17, 2022
Effective
December 22, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB-545 airplanes. This AD was prompted by an error that was detected in the airplane takeoff configuration warning logic. The error prevents the system from sounding an aural alert "No Takeoff Trim" for the flightcrew. This AD requires the installation of a new software version of engine indication and crew alert system (EICAS), as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 87 Issue 221 (Thursday, November 17, 2022)</title>
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[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Rules and Regulations]
[Pages 68889-68891]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24988]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0984; Project Identifier MCAI-2022-00236-T;
Amendment 39-22207; AD 2022-21-08]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model EMB-545 airplanes. This AD was prompted by
an error that was detected in the airplane takeoff configuration
warning logic. The error prevents the system from sounding an aural
alert ``No Takeoff Trim'' for the flightcrew. This AD requires the
installation of a new software version of engine indication and crew
alert system (EICAS), as specified in an Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective December 22, 2022.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 22,
2022.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0984; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
Material Incorporated by Reference:
<bullet> For material incorporated by reference (IBR) in this AD,
contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua
Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre
B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-
6600; email <a href="/cdn-cgi/l/email-protection#c5b5a4a685f9a4e5adb7a0a3f8" 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
IBR material on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/certificacao/
DA/DAE.asp.
<bullet> 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> under Docket No. FAA-2022-0984.
FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aerospace Engineer,
Large Aircraft Section, FAA, International Validation Branch, 2200
South 216th St., Des Moines, WA 98198; telephone 206-231-3653; email
<a href="/cdn-cgi/l/email-protection#98d0f9ebebf9f6b6d5b6d1faeaf9f0f1f5d8fef9f9b6fff7ee"><span class="__cf_email__" data-cfemail="6028011313010e4e2d4e2902120108090d200601014e070f16">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Embraer S.A.
Model EMB-545 airplanes. The NPRM published in the Federal Register on
July 29, 2022 (87 FR 45707). The NPRM was prompted by AD 2022-02-02,
effective February 23, 2022, issued by ANAC, which is the aviation
authority for Brazil (referred to after this as the MCAI). The MCAI
states that an error was detected in the airplane takeoff configuration
warning logic. The error prevents the system from sounding an aural
alert ``No Takeoff Trim'' for the flightcrew, if the pitch trim is in a
position that would not allow a safe takeoff (positioned out of the
green band indication).
In the NPRM, the FAA proposed to require installation of a new
software version of EICAS, as specified in ANAC
[[Page 68890]]
AD 2022-02-02. The FAA is issuing this AD to address the lack of sound
aural alert ``No Takeoff Trim'' to the flightcrew on a possibly
misconfigured airplane, which could result in loss of airplane
controllability.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0984.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the NPRM or on the determination of
the cost to the public.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the NPRM. None of the changes will increase the economic burden on any
operator.
Related Service Information Under 1 CFR Part 51
ANAC AD 2022-02-02 specifies procedures for installation of a new
software version of EICAS.
This material is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 41 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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3.5 work-hours x $85 per hour * = $297.50.................... ............... $297.50 $12,197.50
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* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
AD.
According to the manufacturer, some or all of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all known costs
in the cost estimate.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2022-21-08 Embraer S.A.: Amendment 39-22207; Docket No. FAA-2022-
0984; Project Identifier MCAI-2022-00236-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 22,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model EMB-545 airplanes,
certificated in any category, as identified in Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2022-02-02,
effective February 23, 2022 (ANAC AD 2022-02-02).
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Unsafe Condition
This AD was prompted by an error that was detected in the
airplane takeoff configuration warning logic. The error prevents the
system from sounding an aural alert ``No Takeoff Trim'' for the
flightcrew, if the pitch trim is in a position that would not allow
a safe takeoff (positioned out of the green band indication). The
FAA is issuing this AD to address the lack of sound aural alert ``No
Takeoff Trim'' to the flightcrew on a possibly misconfigured
airplane, which could result in loss of airplane controllability.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required
[[Page 68891]]
actions and compliance times specified in, and in accordance with,
ANAC AD 2022-02-02.
(h) Exceptions to ANAC AD 2022-02-02
(1) Where ANAC AD 2022-02-02 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The ``Alternative methods of compliance (AMOC)'' section of
ANAC AD 2022-02-02 does not apply to this AD.
(3) Where paragraph (b) of ANAC AD 2022-02-02 specifies
acceptable higher software versions, replace ``For higher software
versions, use the applicable Service Bulletin recommended by the
Manufacturer'' with ``For higher software versions, use the
applicable Service Bulletin approved by ANAC and recommended by the
Manufacturer.''
(i) No Reporting Required
Although the service information referenced in ANAC AD 2022-02-
02 specifies to submit certain information to the manufacturer, this
AD does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#b0899df1e6e39df1f9e29d8783809df1fdfff3f0d6d1d19ed7dfc6"><span class="__cf_email__" data-cfemail="b28b9ff3e4e19ff3fbe09f8581829ff3fffdf1f2d4d3d39cd5ddc4">[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.
(k) Additional Information
For more information about this AD, contact Hassan Ibrahim,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone 206-231-3653; email <a href="/cdn-cgi/l/email-protection#9dd5fceeeefcf3b3d0b3d4ffeffcf5f4f0ddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="6f270e1c1c0e01412241260d1d0e0706022f090e0e41080019">[email protected]</span></a>.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2022-02-02, effective February 23, 2022.
(ii) [Reserved]
(3) For ANAC AD 2022-02-02, contact ANAC, Aeronautical Products
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email
<a href="/cdn-cgi/l/email-protection#15657476552974357d67707328" 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.
(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
<a href="/cdn-cgi/l/email-protection#83e5f1adeaedf0f3e6e0f7eaecedc3ede2f1e2ade4ecf5"><span class="__cf_email__" data-cfemail="8ceafea2e5e2fffce9eff8e5e3e2cce2edfeeda2ebe3fa">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on October 3, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24988 Filed 11-16-22; 8:45 am]
BILLING CODE 4910-13-P
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