Federal Register - February 23, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations Room W12140, 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 2062313218; email kathleen.arrigotti@faa.gov.
SUPPLEMENTARY INFORMATION:
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, 230Centro Empresarial AquariusTorre B
Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246190Sao Jose dos CamposSP, BRAZIL, Tel: 55 12
32036600; 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 2062313195.
It is also available in the AD docket on the internet at https
www.regulations.gov by searching for and locating Docket No. FAA2020
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. FAA2020
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, M30, West Building Ground Floor,
Discussion The ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 20200702, effective July 21, 2020
ANAC AD 20200702 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 EMB135, EMB145, 145EP, 145ER, 145LR, 145MP, 145MR, and 145XR airplanes. Model EMB145EU, EMB145LU, 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 EMB135, EMB145, 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
20200702.
Comments The FAA gave the public the opportunity to participate in developing
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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 EMB145ER 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 20200702 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
Cost per product
Cost on U.S.
operators
5 work-hours $85 per hour = $425
$0
$425
$209,950
Authority for This Rulemaking Title 49 of the United States Code specifies the FAAs 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 Agencys authority.
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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.
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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
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