Rule2023-04251
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
March 3, 2023
Effective
April 7, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 170 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
<html>
<head>
<title>Federal Register, Volume 88 Issue 42 (Friday, March 3, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Rules and Regulations]
[Pages 13311-13313]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04251]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-1243; Project Identifier MCAI-2022-00674-T;
Amendment 39-22344; AD 2023-03-19]
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170 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 April 7, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 7,
2023.
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1243; 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#bbcbdad8fb87da9bd3c9dedd86" 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 in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-1243.
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#422a233131232c6c2f6c2b2030232a2b2f022423236c252d34"><span class="__cf_email__" data-cfemail="076f6674746669296a296e6575666f6e6a4761666629606871">[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 170-100 LR, -100 STD, -100 SE, and -100 SU airplanes; and
Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL airplanes. The
NPRM published in the Federal Register on September 30, 2022 (87 FR
59345). The NPRM was prompted by AD 2022-05-03, effective May 25, 2022
issued by ANAC, which is the aviation authority for Brazil (ANAC AD
2022-05-03) (also referred to 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.
In the NPRM, the FAA proposed to require installing updated Primus
EPIC software, as specified in ANAC AD 2022-05-03. The FAA is issuing
this AD to address the unsafe 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.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-1243.
Related Rulemaking
This AD requires installing updated Primus EPIC software. ANAC AD
2022-05-03 specifies that accomplishment of that AD ``covers the
accomplishment of [terminates] ANAC AD 2019-10-02'' (which corresponds
to FAA AD 2020-05-22) Amendment 39-19872 (85 FR 15936, March 20, 2020)
(AD 2020-05-22). Both AD 2020-05-22 and this AD require installing
updated Primus EPIC software standards, and the FAA has determined that
the actions in AD 2020-05-22 must be done prior to accomplishing the
actions in this AD. Accomplishment of the actions in this AD on an
airplane would then terminate all of the requirements of AD 2020-05-22
for that airplane only.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Horizon Air. The following presents
the comment received on the NPRM and the FAA's response to each
comment.
Request To Revise an Exception
Horizon Air requested that the FAA revise paragraph (h)(2) of this
AD. The commenter noted that paragraph (h)(2)
[[Page 13312]]
of the proposed AD states: ``The ``Alternative methods of compliance
(AMOC)'' section of ANAC AD 2022-05-03 does not apply to this AD.''
Horizon Air asked that the proposed AD be revised to limit this
exception to paragraph (c)(1) of ANAC AD 2022-05-03. Horizon Air noted
that paragraphs (c)(2), (c)(2)(i), and (c)(2)(ii) of ANAC AD 2022-05-03
clarify that only steps labeled as Required for Compliance (RC),
including sub-steps under a RC step and any figures identified in a RC
step, must be done to comply with that AD. The commenter reasoned that
excepting paragraphs (c)(2), (c)(2)(i) and (c)(2)(ii) of ANAC AD 2022-
05-03 would unnecessarily mandate steps that are not required to
correct the unsafe condition.
The FAA agrees with the commenter's request, and notes that
although the current service information does not have RC steps
labeled, Embraer might revise the service information to include RC
steps in the future. Therefore, the FAA changed paragraph (h)(2) of
this AD to state that paragraph (c)(1) of ANAC AD 2022-05-03 does not
apply to this AD. The FAA also added paragraph (j)(3) of this AD to
clarify the provisions related to complying with service information
with RC steps labeled.
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. Except for minor editorial changes,
and any other changes described previously, 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 2022-05-03 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.
Costs of Compliance
The FAA estimates that this AD will affect 668 airplanes of U.S.
registry. We estimate the following costs to comply with this 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 $454,240
----------------------------------------------------------------------------------------------------------------
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:
2023-03-19 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22344; Docket No. FAA-2022-1243; Project
Identifier MCAI-2022-00674-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 7, 2023.
(b) Affected ADs
This AD affects AD 2020-05-22, Amendment 39-19872 (85 FR 15936,
March 20, 2022) (AD 2020-05-22).
(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 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes; and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL
airplanes, certificated in any category, as identified in
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD
2022-05-03, effective May 25, 2022 (ANAC AD 2022-05-03).
(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
[[Page 13313]]
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 2022-05-03.
(h) Exceptions to ANAC AD 2022-05-03
(1) Where ANAC AD 2022-05-03 refers to its effective date, this
AD requires using the effective date of this AD.
(2) Paragraph (c)(1) of ANAC AD 2022-05-03 does not apply to
this AD.
(3) Where paragraph (d) of ANAC AD 2022-05-03 specifies you must
use certain service information for software installation, this AD
specifies to use that service information as applicable, except as
provided in paragraphs (a)(1) and (2) of ANAC AD 2022-05-03.
(i) Terminating Action for AD 2020-05-22
Accomplishing the actions required by this AD on an airplane
terminates all requirements of AD 2020-05-22 for that airplane only.
(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#241d0965727709656d76091317140965696b67644245450a434b52"><span class="__cf_email__" data-cfemail="cdf4e08c9b9ee08c849fe0fafefde08c80828e8dabacace3aaa2bb">[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.
(3) Required for Compliance (RC): Except as specified by
paragraph (j)(2) of this AD: if any service information contains
steps that are labeled as RC, the provisions of paragraphs (j)(3)(i)
and (ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(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#d8b0b9ababb9b6f6b5f6b1baaab9b0b1b598beb9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="147c756767757a3a793a7d7666757c7d79547275753a737b62">[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 2022-05-03, effective May 25, 2022.
(ii) [Reserved]
(3) ANAC AD 2022-05-03, 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#d8a8b9bb98e4b9f8b0aabdbee5" 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#7016025e191e0300151304191f1e301e1102115e171f06"><span class="__cf_email__" data-cfemail="fd9b8fd394938e8d989e89949293bd939c8f9cd39a928b">[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 February 10, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-04251 Filed 3-2-23; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on March 3, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.