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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1035; Project Identifier MCAI-2020-01017-T;
Amendment 39-21430; AD 2021-04-09]
RIN 2120-AA64
Airworthiness Directives; Yabora Industria Aeronautica S.A. (Type
Certificate Previously Held by Embraer S.A.) Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD)
for
certain Yabora Industria Aeronautica S.A. Model
EMB-135, EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, and -145XR
airplanes. This AD was prompted by reports that calculations provided
by the automatic takeoff thrust control system (ATTCS) are incorrect
under certain conditions. This AD requires 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 is incorporated by reference. The FAA is issuing this
AD to address the unsafe condition on these products.
DATES: This AD is effective March 30, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 30,
2021.
ADDRESSES: 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: pac@anac.gov.br;
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 final rule, 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.
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 kathleen.arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
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, -
145EP, -145ER, -145LR, -145MP, -145MR, and -145XR 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.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 by adding an AD that would apply to certain Yabora
Industria Aeronautica S.A. Model EMB-135, EMB-145, -
145EP, -145ER, -145LR, -145MP, -145MR, and -145XR airplanes. The NPRM
published in the Federal Register on November 27, 2020 (85 FR 75964).
The NPRM was prompted by reports that calculations provided by the
ATTCS are incorrect under certain conditions. The NPRM proposed to
require updating the software of the installed FADEC systems, as
specified in ANAC AD 2020-07-02.
Comments
The FAA gave the public the opportunity to participate in
developing this final rule. The FAA received no comments on the NPRM or
on the determination of the cost to the public.
Changes Made to This AD
Paragraph (c) of this AD has been revised to correct the reference
to Model EMB-145ER airplanes.
Certain paragraph designations have been corrected in the
regulatory text of this AD.
Conclusion
The FAA reviewed the relevant data and determined that air safety
and the public interest require adopting this final rule with the
changes described previously and minor editorial changes. The FAA has
determined that these minor changes:
Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
Do not add any additional burden upon the public than was
already proposed in the NPRM.
The FAA also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.
Related Service Information Under 1 CFR Part 51
ANAC AD 2020-07-02 describes procedures for updating the software
of the installed FADEC systems 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.
Costs of Compliance
The FAA estimates that this AD affects 494 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
Estimated Costs for Required Actions
|
Labor cost
|
Parts cost
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Cost per
product
|
Cost on
U.S. operators
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| 5 work-hours x $85 per hour =
$425 |
$0
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$425
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$209,950
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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.
Adoption of 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
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
directive:
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