[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Proposed Rules]
[Pages 68819-68822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27062]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0975; Product Identifier 2019-NM-176-AD]
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 ERJ 170 airplanes. This proposed AD was 
prompted by a report of erroneous indications of certain engine 
parameters and reports of ``pitch up'' and ``pitch down'' uncommanded 
attitudes with autopilot engaged in cruise flight. This proposed AD 
would require installing updated PRIMUS EPIC LOAD software, as 
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) Brazilian 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 31, 
2020.

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 https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.

[[Page 68820]]

     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 the material identified in this proposed AD that will be 
incorporated by reference (IBR), contact National Civil Aviation 
Agency, Aeronautical Products Certification Branch (GGCP), Rua Laurent 
Martins, n[deg] 209, Jardim Esplanada, CEP 12242-431--S[atilde]o 
Jos[eacute] dos Campos--SP, Brazil; telephone 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, 
Transport Standards 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-2019-0975.

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-2019-
0975; 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 regulatory evaluation, 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: Krista Greer, Aerospace Engineer, 
International Section, Transport Standards Branch, FAA, 2200 South 
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221.

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 the ADDRESSES section. Include ``Docket No. FAA-2019-0975; 
Product Identifier 2019-NM-176-AD'' at the beginning of your comments. 
The FAA specifically invites comments on the overall regulatory, 
economic, environmental, and energy aspects of this NPRM. The FAA will 
consider all comments received by the closing date and may amend this 
NPRM based on those comments.
    The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide. 
The FAA will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Discussion

    The ANAC, which is the aviation authority for Brazil, has issued 
Brazilian AD 2019-10-02, effective October 21, 2019 (``Brazilian AD 
2019-10-02'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for 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.
    This AD was prompted by a report of erroneous indications of the 
engine parameters N1, N2, and ITT from both engines due to the design 
of data communication of the full authority digital engine control 
(FADEC) 1 and 2 with the engine indicating and crew alerting system 
(EICAS) display, which could result in interference with decisions that 
must be taken by the flight crew during takeoff. This AD was also 
prompted by reports of ``pitch up'' and ``pitch down'' uncommanded 
attitudes with autopilot engaged in cruise flight, which could occur in 
``Autoland'' mode during landing. The FAA is proposing this AD to 
address these conditions, which could interfere with the decisions 
taken by the flight crew during takeoff and landing and possibly result 
in reduced controllability of the airplane. See the MCAI for additional 
background information.

Related IBR Material Under 1 CFR Part 51

    Brazilian AD 2019-10-02 describes procedures for installing updated 
PRIMUS EPIC LOAD 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.

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 a bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the agency 
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 Brazilian AD 2019-10-02 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 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, Brazilian AD 2019-
10-02 will be incorporated by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with Brazilian AD 
2019-10-02 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 Brazilian AD 2019-10-02 
that is required for compliance with Brazilian AD 2019-10-02 will be 
available on the internet at https://www.regulations.gov by searching 
for and locating Docket No. FAA-2019-0975 after the FAA final rule is 
published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 540 airplanes of 
U.S. registry. The FAA estimates the following costs to comply with 
this proposed AD:

[[Page 68821]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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9 work-hours x $85 per hour = $765...........................              $0             $765         $413,100
----------------------------------------------------------------------------------------------------------------

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.
    This proposed AD is issued in accordance with authority delegated 
by the Executive Director, Aircraft Certification Service, as 
authorized by FAA Order 8000.51C. In accordance with that order, 
issuance of ADs is normally a function of the Compliance and 
Airworthiness Division, but during this transition period, the 
Executive Director has delegated the authority to issue ADs applicable 
to transport category airplanes and associated appliances to the 
Director of the System Oversight Division.

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) 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 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

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 (AD):

Embraer S.A.: Docket No. FAA-2019-0975; Product Identifier 2019-NM-
176-AD.

(a) Comments Due Date

    The FAA must receive comments by January 31, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to 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) Brazilian AD 2019-10-02, effective October 21, 2019 
(``Brazilian AD 2019-10-02'').

(d) Subject

    Air Transport Association (ATA) of America Code 31, Indicating/
recording systems.

(e) Reason

    This AD was prompted by a report of erroneous indications of the 
engine parameters N1, N2, and ITT from both engines due to the 
design of data communication of the full authority digital engine 
control (FADEC) 1 and 2 with the engine indicating and crew alerting 
system (EICAS) display, which could result in interference with 
decisions that must be taken by the flight crew during takeoff. This 
AD was also prompted by reports of ``pitch up'' and ``pitch down'' 
uncommanded attitudes with autopilot engaged in cruise flight, which 
could occur in ``Autoland'' mode during landing. The FAA is 
proposing this AD to address these conditions, which could interfere 
with the decisions taken by the flight crew during takeoff and 
landing 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, Brazilian AD 2019-10-02.

(h) Exceptions to Brazilian AD 2019-10-02

    (1) Where Brazilian AD 2019-10-02 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) The ``Alternative method of compliance (AMOC)'' section of 
Brazilian AD 2019-10-02 does not apply to this AD.
    (3) Where paragraph (d) of Brazilian AD 2019-10-02 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) through (3) of Brazilian AD 2019-
10-02.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Section, Transport Standards 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Section, send it to the attention of 
the person identified in paragraph (j)(2) of this AD. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district 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 
Section, Transport Standards Branch, FAA; or ANAC; or ANAC's 
authorized Designee. If approved by the ANAC Designee, the approval 
must include the Designee's authorized signature.

(j) Related Information

    (1) For information about Brazilian AD 2019-10-02, contact 
National Civil Aviation Agency, Aeronautical Products Certification 
Branch (GGCP), Rua Laurent Martins, n[deg] 209,

[[Page 68822]]

Jardim Esplanada, CEP 12242-431--S[atilde]o Jos[eacute] dos Campos--
SP, Brazil; telephone 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 material at the FAA, Transport Standards 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195. This 
material may be found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2019-0975.
    (2) For more information about this AD, contact Krista Greer, 
Aerospace Engineer, International Section, Transport Standards 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3221.

    Issued in Des Moines, Washington, on December 5, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification 
Service.
[FR Doc. 2019-27062 Filed 12-16-19; 8:45 am]
 BILLING CODE 4910-13-P


