Rule2023-00124
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; 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
January 12, 2023
Effective
February 16, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 8 (Thursday, January 12, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00124]
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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.
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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 <a href="http://regulations.gov">regulations.gov</a> 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:
<bullet> 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 <a href="/cdn-cgi/l/email-protection#87f7e6e4c7bbe6a7eff5e2e1ba" 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.
<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 at <a href="http://regulations.gov">regulations.gov</a> 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
<a href="/cdn-cgi/l/email-protection#6129001212000f4f2c4f2803130009080c210700004f060e17"><span class="__cf_email__" data-cfemail="99d1f8eaeaf8f7b7d4b7d0fbebf8f1f0f4d9fff8f8b7fef6ef">[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 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 <a href="http://regulations.gov">regulations.gov</a> 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
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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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
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: <a href="/cdn-cgi/l/email-protection#ad9480ecfbfe80ece4ff809a9e9d80ece0e2eeedcbcccc83cac2db"><span class="__cf_email__" data-cfemail="81b8acc0d7d2acc0c8d3acb6b2b1acc0cccec2c1e7e0e0afe6eef7">[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
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#3870594b4b5956167516715a4a59505155785e5959165f574e"><span class="__cf_email__" data-cfemail="5d153c2e2e3c33731073143f2f3c3534301d3b3c3c733a322b">[email protected]</span></a>.
(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
<a href="/cdn-cgi/l/email-protection#2a5a4b496a164b0a42584f4c17" 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#adcbdf83c4c3deddc8ced9c4c2c3edc3ccdfcc83cac2db"><span class="__cf_email__" data-cfemail="3355411d5a5d40435650475a5c5d735d5241521d545c45">[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 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
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