DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0984; Project Identifier MCAI-2022-00236-T]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model EMB-545 airplanes. This proposed AD was
prompted by an error that was detected in the airplane takeoff
configuration warning logic. The error prevents the system from
sounding an aural alert ``No Takeoff Trim'' for the flightcrew. This
proposed AD would require installation of a new software version of
engine indication and crew alert system (EICAS), as specified in an
Ag[ecirc]ncia Nacional de Aviacao Civil (ANAC) AD, which
is proposed for incorporation 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 September
12, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-493-2251.
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 material that will be 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; telephone 55 (12) 3203-6600; email pac@anac.gov.br;
internet www.anac.gov.br/en/. You may find this material on the ANAC
website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. You
may find this material on the ANAC website at https://sistemas.anac.gov.br/certificacao/DA/DAE.asp. 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 www.regulations.gov by searching for and
locating Docket No. FAA-2022-0984.

Examining the AD Docket

You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0984; 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, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Ho-Joon Lim, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone 206-231-3405; email Ho-Joon.Lim@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0984; Project Identifier
MCAI-2022-00236-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those 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, to
www.regulations.gov, including any personal information you provide.
The agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

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 Ho-
Joon Lim, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone 206 231 3405; email Ho-Joon.Lim@faa.gov. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

ANAC, which is the aviation authority for Brazil, has issued AD
2022-02-02, effective February 23, 2022 (ANAC AD 2022-02-02) (also
referred to as the MCAI), to correct an unsafe condition for certain
Embraer S.A. Model EMB-545 airplanes.
This proposed AD was prompted by an error that was detected in the
airplane takeoff configuration warning logic. The error prevents the
system from sounding an aural alert ``No Takeoff Trim'' for the
flightcrew, if the pitch trim is in a position that would not allow a
safe takeoff (positioned out of the green band indication). The FAA is
proposing this AD to address the lack of the aural alert ``No Takeoff
Trim'' to the flightcrew on a possibly misconfigured airplane, which
could result in loss of airplane controllability. See the MCAI for
additional background information.

Related Service Information Under 1 CFR Part 51

ANAC AD 2022-02-02 specifies procedures for installation of a new
software version of EICAS.
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

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, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

This proposed AD would require accomplishing the actions specified
in ANAC AD 2022-02-02 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate ANAC AD 2022-02-02 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2022-02-02 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Service information required by ANAC AD 2022-02-02
for compliance will be available at www.regulations.gov by searching
for and locating Docket No. FAA-2022-0984 after the FAA final rule is
published.

Costs of Compliance

The FAA estimates that this proposed AD would affect 41 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

Estimated Costs for Required Actions

* The FAA has received no definitive data on which to base the cost estimates
for the parts specified in this proposed AD.

According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.

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

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
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would 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 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
directive: