Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes

[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 [www.gpo.gov]
[FR Doc No: 2023-04251]


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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.

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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 regulations.gov 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 anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this 
material on the ANAC website at sistemas.anac.gov.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 
regulations.gov 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 
[email protected].

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 regulations.gov 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: [email protected]. 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 [email protected].

 (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 
anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD 
on the ANAC website at sistemas.anac.gov.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 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    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]
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