DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1035; Project Identifier MCAI-2020-01017-T]
Airworthiness Directives; Yabora Industria
Aeronautica S.A. (Type Certificate Previously Held by Embraer
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
SUMMARY: The FAA proposes to adopt a new airworthiness directive
for certain Yabora Industria Aeronautica S.A.
Model EMB-135, EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes. This proposed AD was prompted by reports that
calculations provided by the automatic takeoff thrust control system
(ATTCS) are incorrect under certain conditions. This proposed AD would
require updating the software of the installed full authority digital
engine control (FADEC) systems, as specified in an Agencia
Nacional de Aviacao Civil (ANAC) AD, which will be
incorporated 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 January
ADDRESSES: You may send comments, using the procedures found in
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow
instructions for submitting comments.
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.
Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
For ANAC material 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--Sao Jose dos
Campos--SP, BRAZIL, Tel: 55 (12) 3203-6600; Email: firstname.lastname@example.org;
internet www.anac.gov.br/en/. You may find this IBR material on the
ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp.
You may view this IBR 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 on the
internet at https://www.regulations.gov by searching for and locating
Docket No. FAA-2020-1035.
Examining the AD Docket
You may examine the AD docket on the internet at https://www.regulations.
gov by searching for and locating Docket No. FAA-2020-1035;
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, any comments received, and other information. The street
address for Docket Operations is listed above. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email email@example.com.
The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time. Send your
comments to an address listed under the ADDRESSES section. Include
"Docket No. FAA-2020-1035; Project Identifier MCAI-2020-01017-T" at
the beginning of your 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, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM because of those
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 the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
The ANAC, which is the aviation authority for Brazil, has issued
ANAC AD 2020-07-02, effective July 21, 2020 ("ANAC AD 2020-07-02")
(also referred to as the Mandatory Continuing Airworthiness
Information, or "the MCAI"), to correct an unsafe condition for
certain Yabora Industria Aeronautica S.A. Model
EMB-135, EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes. Model EMB-145EU, EMB-145LU, and EMB-145MK airplanes are not
certificated by the FAA and are not included on the U.S. type
certificate data sheet; this AD therefore does not include those
airplanes in the applicability.
This proposed AD was prompted by reports that calculations provided
by the ATTCS do not take into consideration the required engine air
bleed during operations with a single engine and anti-ice system on.
The FAA is proposing this AD to address the risk of over-prediction of
the operational margins, without the necessary alert being provided to
the flightcrew in some situations. This condition, if not corrected,
could lead to a performance reduction during takeoff, in which case
the aircraft may not be able to take off safely. See the MCAI for
additional background information.
Related Service Information Under 1 CFR Part 51
ANAC AD 2020-07-02 describes procedures for updating the software
of the installed FADECs to version B9.4 or B9.4.1. 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 and Requirements of This Proposed AD
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,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in ANAC AD 2020-07-02 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and the European Union
Aviation Safety Agency (EASA) to develop a process to use certain EASA
ADs as the primary source of information for compliance with
requirements for corresponding FAA ADs. The FAA has since coordinated
with other manufacturers and civil aviation authorities (CAAs) to use
this process. As a result, ANAC AD 2020-07-02 will be incorporated by
reference in the FAA final rule. This proposed AD would, therefore,
require compliance with ANAC AD 2020-07-02 in its entirety, through
that incorporation, except for any differences identified as exceptions
in the regulatory text of this proposed AD. Service information
specified in ANAC AD 2020-07-02 that is required for compliance with
ANAC AD 2020-07-02 will be available on the internet at https://www.
regulations.gov by searching for and locating Docket No. FAA-2020-1035
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 494 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
Estimated Costs for Required Actions
|5 work-hours x $85 per hour =
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.
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
(1) Is not a "significant regulatory action" under Executive
(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
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
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]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness