[Federal Register Volume 86, Number 129 (Friday, July 9, 2021)]
[Rules and Regulations]
[Pages 36207-36210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14612]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0456; Project Identifier MCAI-2021-00212-T; 
Amendment 39-21601; AD 2021-12-14]
RIN 2120-AA64


Airworthiness Directives; Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (Type Certificate Previously Held by Embraer 
S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-08-
11, which applied to all Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica Model ERJ 190-

[[Page 36208]]

300 and ERJ 190-400 airplanes. AD 2020-08-11 required revising the 
existing airplane flight manual (AFM) procedures associated with 
messages of smoke in the electronic bays presented on the respective 
engine indication and crew alerting system (EICAS). This AD continues 
to require revising the existing AFM procedures, and adds requirements 
for a terminating modification of the electrical wiring of the mid-
electronic bay and backup smoke detectors; as specified in an 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which 
is incorporated by reference. This AD was prompted by a failure 
propagation test, which revealed that under certain conditions, the 
smoke detection system of the electrical bays erroneously indicated the 
presence of smoke via the respective EICAS messages. The FAA is issuing 
this AD to address the unsafe condition on these products.

DATES: This AD becomes effective July 26, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of July 26, 
2021.
    The FAA must receive comments on this AD by August 23, 2021.

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.
     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 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--S[atilde]o Jos[eacute] 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-2021-0456.

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-2021-
0456; 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 AD, any comments received, and other information. The street 
address for Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer, 
Large Aircraft Section, International Validation Branch, FAA, 2200 
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued AD 2020-08-11, Amendment 39-19903 (85 FR 27112, May 
7, 2020) (AD 2020-08-11), which applied to all Yabor[atilde] 
Ind[uacute]stria Aeron[aacute]utica Model ERJ 190-300 and ERJ 190-400 
airplanes. AD 2020-08-11 required revising the existing AFM procedures 
associated with messages of smoke in the electronic bays presented on 
the respective EICAS. The FAA issued AD 2020-08-11 to provide the 
flightcrew with revised AFM procedures for responding to erroneous 
indications of smoke in the electrical bays presented on the EICAS. The 
AFM procedures are intended to prevent loss of all electrical digital 
current (DC) essential buses, causing loss of electrical power for 
critical systems of the airplane.

Actions Since AD 2020-08-11 Was Issued

    Since the FAA issued AD 2020-08-11, the FAA has determined that it 
is necessary to mandate a modification to correct the root cause of 
erroneous indications of smoke in the electrical bays presented on the 
EICAS that will allow for removal of the AFM revision required by AD 
2020-08-11. Production airplanes are not included in the applicability 
of this AD because the modification required by this AD is incorporated 
during production.
    ANAC, which is the aviation authority for Brazil, has issued ANAC 
AD 2021-02-01, effective February 15, 2021; corrected February 23, 2021 
(ANAC AD 2021-02-01) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI); to correct an unsafe condition 
for all Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica Model ERJ 
190-300 and ERJ 190-400 airplanes. ANAC AD 2021-02-01 superseded ANAC 
Emergency AD 2019-12-01, effective December 9, 2019 (which corresponds 
to FAA AD 2020-08-11).
    This AD was prompted by a failure propagation test, which revealed 
that when complete loss of the electrical DC essential bus 2 was 
induced, the smoke detection system of the forward and aft electrical 
bays erroneously indicated the presence of smoke via the respective 
EICAS messages. When these messages are displayed, the existing AFM 
procedures require the flightcrew to turn off the essential electrical 
buses DC ESS BUS 1 and DC ESS BUS 3. The FAA is issuing this AD to 
address a loss of all electrical DC essential buses, and consequent 
loss of electrical power for critical systems of the airplane. See the 
MCAI for additional background information.

Explanation of Retained Requirements

    Although this AD does not explicitly restate the requirements of AD 
2020-08-11, this AD retains all of the requirements of AD 2020-08-11. 
Those requirements are referenced in ANAC AD 2021-02-01, which, in 
turn, is referenced in paragraph (g) of this AD.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2021-02-01 describes temporary revisions to the existing 
AFM procedures associated with messages of smoke in the electronic bays 
presented on the EICAS, and removal of those temporary revisions once a 
modification of certain electrical wiring is completed. ANAC AD 2021-
02-01 also describes procedures for modification of electrical wiring 
of the mid-electronic bay and backup smoke detectors, which is 
terminating action for the temporary revisions to the AFM. 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, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA has 
evaluated all pertinent information and determined

[[Page 36209]]

the unsafe condition exists and is likely to exist or develop on other 
products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in ANAC AD 
2021-02-01 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, ANAC AD 2021-02-01 
is incorporated by reference in this AD. This AD, therefore, requires 
compliance with ANAC AD 2021-02-01 in its entirety, through that 
incorporation, except for any differences identified as exceptions in 
the regulatory text of this AD. Service information specified in ANAC 
AD 2021-02-01 that is required for compliance with ANAC AD 2021-02-01 
is available on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0456.

FAA's Justification and Determination of the Effective Date

    There are currently no domestic operators of these products. 
Therefore, the FAA finds that notice and opportunity for prior public 
comment are unnecessary and that good cause exists for making this 
amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0456; Project Identifier MCAI-
2021-00212-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Krista 
Greer, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
telephone and fax 206-231-3223; email [email protected] Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. If an 
affected airplane is imported and placed on the U.S. Register in the 
future, the FAA provides the following cost estimates to comply with 
this AD:

                                      Estimated Costs for Required Actions
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                                                                                                     Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Retained action from AD 2020-08-11............  1 work-hour x $85 per hour = $85              $0             $85
New actions...................................  6 work-hours x $85 per hour =                  0             510
                                                 $510.
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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

    The FAA determined that 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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 36210]]

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

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:
0
a. Removing airworthiness directive (AD) 2020-08-11, Amendment 39-19903 
(85 FR 27112, May 7, 2020), and
0
b. Adding the following new AD:

2021-12-14 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A. 
(Type Certificate Previously Held by Embraer S.A.): Amendment 39-
21601; Docket No. FAA-2021-0456; Project Identifier MCAI-2021-00212-
T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective July 26, 
2021.

(b) Affected ADs

    This AD replaces AD 2020-08-11, Amendment 39-19903 (85 FR 27112, 
May 7, 2020) (AD 2020-08-11).

(c) Applicability

    This AD applies to Yabor[atilde] Ind[uacute]stria 
Aeron[aacute]utica S.A. (type certificate previously held by Embraer 
S.A.) Model ERJ 190-300 and ERJ 190-400 airplanes, certificated in 
any category, identified in Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD 2021-02-01, effective February 
15, 2021; corrected February 23, 2021 (ANAC AD 2021-02-01).

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical 
power.

(e) Reason

    This AD was prompted by a failure propagation test, which 
revealed that when complete loss of the electrical digital current 
(DC) essential bus 2 was induced, the smoke detection system of the 
forward and aft electrical bays erroneously indicated the presence 
of smoke via the respective engine indication and crew alerting 
system (EICAS) messages, and by the determination that a terminating 
modification is necessary to correct the root cause of the unsafe 
condition. The FAA is issuing this AD to address the potential loss 
of all electrical DC essential buses, and consequent loss of 
electrical power for critical systems 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 2021-02-01.

(h) Exceptions to ANAC AD 2021-02-01

    (1) Where ANAC AD 2021-02-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where ANAC AD 2021-02-01 refers to December 9, 2019 (the 
effective date of ANAC Emergency AD 2019-12-01), this AD requires 
using May 22, 2020 (the effective date of AD 2020-08-11).
    (3) The ``Alternative Methods of Compliance (AMOC)'' section of 
ANAC AD 2021-02-01 does not apply to this AD.
    (4) Where Part II, paragraph (b)(2), of ANAC AD 2021-02-01 
specifies that after modification of the electrical wiring of the 
mid electronic bay and backup smoke detectors the temporary airplane 
flight manual (AFM) revisions ``must be removed,'' this AD requires 
removing the temporary AFM revisions before further flight after 
completing the modification required by Part II, paragraph (b)(1), 
of ANAC AD 2021-02-01.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (j) of this 
AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 
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, Large Aircraft 
Section, 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.

(j) Related Information

    For more information about this AD, contact Krista Greer, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 
and fax 206-231-3223.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) 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 2021-02-01, effective February 15, 2021; corrected February 23, 
2021.
    (ii) [Reserved]
    (3) For ANAC AD 2021-02-01, 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.
    (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. 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-2021-0456.
    (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 
fedreg.legal@nara.gov, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on June 4, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-14612 Filed 7-8-21; 8:45 am]
BILLING CODE 4910-13-P


