AD 2022-27-06

1981 Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations under this paragraph in writing by certified mail, return receipt requested. The person against whom the civil penalty is assessed by the final decision shall pay the full amount of the civil penalty assessed in the final decision within 30 calendar days unless otherwise determined by the Under Secretary for Nuclear Security. (15) If a civil penalty assessed in a final decision is not paid as provided in paragraphs(c)(3), (6), or (14) of this section, as appropriate, the Under Secretary for Nuclear Security may request the Department of Justice to initiate a civil action to collect the penalty imposed under this paragraph in accordance with section 234 c. of the AEA. (16) The Under Secretary for Nuclear Security or his/her designee may publish redacted versions of notices of violation and final decisions. [FR Doc. 2023–00342 Filed 1–11–23; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–1246; Project Identifier MCAI–2022–00675–T; Amendment 39–22291; AD 2022–27–06] RIN 2120–AA64 Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yabora ˜ Indu ´ stria Aerona ´ utica S.A.; Embraer S.A.) Airplanes AGENCY : Federal Aviation Administration (FAA), DOT. ACTION : Final rule. SUMMARY : The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 190–100 STD, –100 LR, –100 ECJ, –100 IGW, –200 STD, –200 LR, and –200 IGW airplanes. This AD was prompted by a report of uncommanded setting of the barometric reference in both primary flight displays (PFDs) due to the architecture of data communication of the Control I/O modules, which interconnect the display controllers to the air data system. This AD requires installing updated Primus EPIC software, as specified in an Age ˆncia Nacional de Aviac ¸a ˜o 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 February 16, 2023. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of February 16, 2023. ADDRESSES : AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2022–1246; 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, the mandatory continuing airworthiness information (MCAI), 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. Material Incorporated by Reference: • For material incorporated by reference in this AD, contact 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—Sa ˜o Jose ´ dos Campos—SP, Brazil; telephone 55 (12) 3203–6600; email pac@anac.gov.br; website anac.gov.br/en/. You may find this material on the ANAC website at 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 at regulations.gov under Docket No. FAA–2022–1246. FOR FURTHER INFORMATION CONTACT : Hassan Ibrahim, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3653; email Hassan.M.Ibrahim@faa.gov . SUPPLEMENTARY INFORMATION : Background The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Embraer S.A. Model ERJ 190–100 STD, –100 LR, –100 ECJ, –100 IGW, –200 STD, –200 LR, and –200 IGW airplanes. The NPRM published in the Federal Register on October 20, 2022 (87 FR 63704). The NPRM was prompted by AD 2022–05–04, effective May 25, 2022, issued by ANAC, which is the aviation authority for Brazil (ANAC AD 2022–05–04) (referred to after this as the MCAI). The MCAI states that there was a report of uncommanded setting of the barometric reference in both PFDs due to the architecture of data communication of the Control I/O modules, which interconnect the display controllers to the air data system. The possibility of erroneous indications for both pilots, combined with possible adverse meteorological conditions could result in an increase of flightcrew workload. This condition, if not addressed, could interfere with the decisions taken by the flightcrew during critical phases of flight. In the NPRM, the FAA proposed to require installing updated Primus EPIC software, as specified in ANAC AD 2022–05–04. The FAA is issuing this AD to address uncommanded setting of the barometric reference in both primary flight displays, which could interfere with the decisions taken by the flightcrew during critical phases of flight, and possibly result in reduced controllability of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA–2022–1246. Discussion of Final Airworthiness Directive Comments The FAA received a comment from the Air Line Pilots Association, International (ALPA) who supported the NPRM without change. Conclusion 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 this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comment received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. This AD is adopted as proposed in the NPRM. Related Service Information Under 1 CFR Part 51 This AD requires ANAC AD 2022–05– 04, which specifies procedures for installing updated Primus EPIC 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 ADDRESSES . Costs of Compliance The FAA estimates that this AD affects 121 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: VerDate Sep<11>2014 16:10 Jan 11, 2023 Jkt 259001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1 khammond on DSKJM1Z7X2PROD with RULES

1982 Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations E STIMATED C OSTS FOR R EQUIRED A CTIONS Labor cost Parts cost Cost per product Cost on U.S. operators 8 work-hours × $85 per hour = $680 .......................................................................................... $0 $680 $82,280 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. 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. § 39.13 [Amended] ■ 2. The FAA amends § 39.13 by adding the following new airworthiness directive: 2022–27–06 Embraer S.A.: Amendment 39–22291; Docket No. FAA–2022–1246; Project Identifier MCAI–2022–00675–T. (a) Effective Date This airworthiness directive (AD) is effective February 16, 2023. (b) Affected ADs This AD affects AD 2020–05–21, Amendment 39–19871 (85 FR 15940, March 20, 2022) (AD 2020–05–21). (c) Applicability This AD applies to Embraer S.A. (Type Certificate previously held by Yabora ˜ Indu ´ stria Aerona ´utica S.A.; Embraer S.A.) Model ERJ 190–100 STD, –100 LR, –100 ECJ, –100 IGW, –200 STD, –200 LR, and –200 IGW airplanes, certificated in any category, as identified in Age ˆncia Nacional de Aviac ¸a ˜o Civil (ANAC) AD 2022–05–04, effective May 25, 2022 (ANAC AD 2022–05–04). (d) Subject Air Transport Association (ATA) of America Code 31, Instruments. (e) Unsafe Condition This AD was prompted by a report of uncommanded setting of the barometric reference in both primary flight displays due to the architecture of data communication of the Control I/O modules, which interconnect the display controllers to the air data system. The FAA is issuing this AD to address this condition, which could interfere with the decisions taken by the flightcrew during critical phases of flight, 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, ANAC AD 2022–05–04. (h) Exceptions to ANAC AD 2022–05–04 (1) Where ANAC AD 2022–05–04 refers to its effective date, this AD requires using the effective date of this AD. (2) The ‘‘Alternative methods of compliance (AMOC)’’ section of ANAC AD 2022–05–04 does not apply to this AD. (3) Where paragraph (d) of ANAC AD 2022–05–04 states, ‘‘You must use the following service information for the installation of the Primus EPIC software versions 25.9, 27.4 and 27.4.0.1 as required by this AD,’’ replace that text with ‘‘You must use the following service information for the installation of the Primus EPIC software versions 25.9, 27.4 and 27.4.0.1, as applicable, except as provided in paragraphs (a)(1) through (6) of ANAC AD 2022–05–04.’’ (i) Terminating Action for AD 2020–05–21 Accomplishing the actions required by this AD on an airplane terminates all requirements of AD 2020–05–21 for that airplane only. (j) No Reporting Requirement Although the service information referenced in ANAC AD 2022–05–04 specifies to submit certain information to the manufacturer, this AD does not include that requirement. (k) Additional AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, 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 International Validation Branch, send it to the attention of the person identified in paragraph (l) 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, 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. (l) Additional Information For more information about this AD, contact Hassan Ibrahim, Aerospace Engineer, Large Aircraft Section, FAA, International Validation Branch, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231– 3653; email Hassan.M.Ibrahim@faa.gov . (m) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of VerDate Sep<11>2014 17:58 Jan 11, 2023 Jkt 259001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1 khammond on DSKJM1Z7X2PROD with RULES

1983 Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations 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 the AD specifies otherwise. (i) Age ˆncia Nacional de Aviac ¸a ˜o Civil (ANAC) AD 2022–05–04, effective May 25, 2022. (ii) [Reserved] (3) For ANAC AD 2022–05–04, contact 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—Sa ˜o Jose ´ dos Campos—SP, Brazil; telephone 55 (12) 3203–6600; email pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD on the ANAC website at 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. (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 fr.inspection@nara.gov, or go to: www.archives.gov/federal-register/cfr/ibr- locations.html. Issued on December 21, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–00124 Filed 1–11–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–1105; Project Identifier MCAI–2020–01459–T; Amendment 39–22086; AD 2020–25–03R1] RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes AGENCY : Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION : Final rule; removal. SUMMARY : The FAA is removing Airworthiness Directive (AD) 2020–25– 03, which applied to all Airbus SAS Model A318, A319, A320, and A321 series airplanes. AD 2020–25–03 required repetitive checks of the pressure gauges to determine the amount of pressure on the inflation reservoir of each emergency escape slide/raft, and applicable corrective actions. AD 2020–25–03 also provided optional terminating action for the repetitive checks. The FAA issued AD 2020–25–03 to address insufficient reservoir pressure in an emergency escape slide/raft, which would prevent the deployment of the emergency escape slide/raft during an emergency, possibly resulting in injury to the occupants. The FAA has determined that AD 2020–25– 03 is no longer necessary because the unsafe condition no longer exists. Accordingly, AD 2020–25–03 is removed. DATES : This AD becomes effective January 12, 2023. ADDRESSES : AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA– 2020–1105; 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 : Dan Rodina, Aerospace Engineer, Large Aircraft Section, International Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone 206–231–3225; email Dan.Rodina@faa.gov. SUPPLEMENTARY INFORMATION : Background The European Union Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, previously issued AD 2020–0236, dated October 27, 2020 (EASA AD 2020–0236) (also referred to as the Mandatory Continuing Airworthiness Information, or the MCAI), to correct an unsafe condition for all Airbus SAS Model A318 series airplanes; Model A319–111, –112, –113, –114, –115, –131, –132, –133, –151N, –153N, and –171N airplanes; Model A320–211, –212, –214, –215, –216, –231, –232, –233, –251N, –252N, –253N, –271N, –272N, and –273N airplanes; and Model A321 series airplanes. The FAA issued corresponding AD 2020–25–03, Amendment 39–21345 (85 FR 79415, December 10, 2020) (AD 2020–25–03), for those airplanes except for Model A319–153N and A320–215 airplanes, which are not included on the U.S. type certificate data sheet. AD 2020–25–03 required repetitive checks of the pressure gauges to determine the amount of pressure on the inflation reservoir of each emergency escape slide/raft, and applicable corrective actions. AD 2020–25–03 also provided optional terminating action for the repetitive checks. AD 2020–25–03 was prompted by a report of a loud bang heard during airplane boarding. A subsequent inspection revealed that one emergency escape slide/raft was found with zero reservoir pressure due to a burst rupture disk assembly in the inflation reservoir, which was probably caused by a manufacturing defect. The FAA issued AD 2020–25–03 to address insufficient reservoir pressure in an emergency escape slide/raft, which would prevent the deployment of the emergency escape slide/raft during an emergency, possibly resulting in injury to the occupants. Since the FAA issued AD 2020–25– 03, EASA issued AD 2020–0236–CN, dated May 16, 2022, to cancel EASA AD 2020–0236. EASA advised the FAA that SAFRAN Aerosystems, the manufacturer of the affected parts, produced service information with instructions for replacement of the rupture disk during overhaul of the affected parts. EASA reports that no rupture disk failures have occurred in service or during overhaul. Consequently, new risk analysis determined that an unsafe condition no longer exists that would warrant AD action. Subsequently, the FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by removing AD 2020–25–03. The NPRM was published in the Federal Register on June 16, 2022 (87 FR 36274). The FAA is issuing this AD to remove AD 2020– 25–03. Discussion of Final Airworthiness Directive Comments The FAA received a comment from United Airlines Engineering in support of the NPRM without change. The commenter concurred with the proposal to rescind AD 2020–25–03, noting that there have been no known reports of evacuation slide issues related to rupture disc failure while in service or during repair/overhaul. The commenter added that a visual check of the slide pressure is performed prior to each revenue flight. Change to Project Identifier Number The NPRM identified the project number as AD–2020–01459–T. However, the project number for this rescission is MCAI–2020–1459–T. The FAA has revised this rescission accordingly. VerDate Sep<11>2014 16:10 Jan 11, 2023 Jkt 259001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1 khammond on DSKJM1Z7X2PROD with RULES