81790 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 

Issued in Des Moines, Washington, on 

December 4, 2020. 

James E. Wilborn, 

Acting Manager, Transport Standards 

Branch, Policy and Innovation Division, 

Aircraft Certification Service. 

[FR Doc. 2020–27107 Filed 12–16–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1122; Project 

Identifier MCAI–2020–00972–T; Amendment 

39–21357; AD 2020–26–02] 

RIN 2120–AA64 

Airworthiness Directives; Yabora ̃

Indu ́ stria Aerona ́utica S.A. (Type 

Certificate Previously Held by Embraer 

S.A.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Yabora ̃ Indu ́ stria Aerona ́utica S.A. (type 

certificate previously held by Embraer 

S.A.) Model ERJ 190–400 airplanes. This 

AD was prompted by a report of an inflight shutdown (IFSD) due in part to 

failure in the low-pressure compressor 

(LPC) rotor 1 during operation in high 

altitude at high thrust settings. This AD 

requires amending the airplane flight 

manual (AFM) to incorporate a new 

limitation and revise certain normal 

procedures, as specified in an Ageˆncia 

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 becomes effective 

January 4, 2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 4, 2021. 

The FAA must receive comments on 

this AD by February 1, 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 the 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—Sa ̃o Jose ́

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 at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1122. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1122; 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 206–231–3221; email 

krista.greer@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The ANAC, which is the aviation 

authority for Brazil, has issued ANAC 

AD 2020–07–01, effective July 15, 2020 

(ANAC AD 2020–07–01) (also referred 

to as the Mandatory Continuing 

Airworthiness Information, or the 

MCAI), to correct an unsafe condition 

for certain Yabora ̃ Indu ́ stria Aerona ́utica 

S.A. (type certificate previously held by 

Embraer S.A.) Model ERJ 190–400 

airplanes. 

This AD was prompted by a report of 

an IFSD due in part to failure in the LPC 

rotor 1 during operation in high altitude 

at high thrust settings. The FAA is 

issuing this AD to address uncontained 

release of the LPC rotor 1 and damage 

to the engine and airplane structure, 

which could result in loss of control of 

the airplane. See the MCAI for 

additional background information. 

Related Service Information Under 1 

CFR Part 51 

ANAC AD 2020–07–01 describes 

procedures for amending the AFM to 

incorporate a new limitation and revise 

the normal procedures to limit the 

engine N1 setting for flights above 

33000 ft. 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 evaluated all pertinent 

information and determined 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 the MCAI 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 

2020–07–01 is incorporated by reference 

in this final rule. This AD, therefore, 

requires compliance with ANAC AD 

2020–07–01 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 

2020–07–01 that is required for 

compliance with ANAC AD 2020–07–01 

is available on the internet at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1122. 

Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 81791 

FAA’s Justification and Determination 

of the Effective Date 

Since there are currently no domestic 

operators of these products, notice and 

opportunity for public comment before 

issuing this AD are unnecessary. In 

addition, for the reason stated above, the 

FAA finds that good cause exists for 

making this amendment effective in less 

than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety and 

was not preceded by notice and an 

opportunity for public comment. 

However, the FAA invites you to send 

any written comments, data, or views 

about this AD. The most helpful 

comments reference a specific portion of 

the proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should submit only one 

copy of the comments. Send your 

comments to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2020–1122; Project Identifier 

MCAI–2020–00972–T’’ at the beginning 

of your 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, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this AD. The FAA will 

consider all comments received by the 

closing date for comments. The FAA 

may amend this AD because of those 

comments. 

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 

206–231–3221; email krista.greer@

faa.gov. Any commentary that the FAA 

receives that 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

Action Labor cost Parts cost Cost per 

product 

AFM revision ................................................................. 1 work-hour × $85 per hour = $85 ............................... $0 $85 

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. 

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 

■ 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 (AD): 

2020–26–02 Yabora ̃ Indu ́ stria Aerona ́utica 

S.A. (Type Certificate Previously Held 

by Embraer S.A.) Airplanes: 

Amendment 39–21357; Docket No. 

FAA–2020–1122; Project Identifier 

MCAI–2020–00972–T. 

(a) Effective Date 

This AD becomes effective January 4, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Yabora ̃ Indu ́ stria 

Aerona ́utica S.A. (type certificate previously 

held by Embraer S.A.) Model ERJ 190–400 

airplanes, certificated in any category, as 

identified in Ageˆncia Nacional de Aviac ̧a ̃o 

81792 Federal Register / Vol. 85, No. 243 / Thursday, December 17, 2020 / Rules and Regulations 

Civil (ANAC) AD 2020–07–01, effective July 

15, 2020 (ANAC AD 2020–07–01). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time Limits/Maintenance 

Checks. 

(e) Reason 

This AD was prompted by a report of an 

in-flight shutdown (IFSD) due in part to 

failure in the low-pressure compressor (LPC) 

rotor 1 during operation in high altitude at 

high thrust settings. The FAA is issuing this 

AD to address uncontained release of the LPC 

rotor 1 and damage to the engine and 

airplane structure, which could result in loss 

of control 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 2020–07–01. 

(h) Exceptions to ANAC AD 2020–07–01 

(1) Where ANAC AD 2020–07–01 refers to 

its effective date, this AD requires using after 

the effective date of this AD. 

(2) The ‘‘Alternative method of compliance 

(AMOCs)’’ section of ANAC AD 2020–07–01 

does not apply to this AD. 

(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 local Flight Standards 

District 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-AIR730-AMOC@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, 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 206–231–3221; email krista.greer@

faa.gov. 

(l) 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) Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD 2020–07–01, effective July 15, 

2020. 

(ii) [Reserved] 

(3) For ANAC AD 2020–07–01, 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—Sa ̃o Jose ́ 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. 

(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–2020–1122. 

(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 December 7, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2020–27621 Filed 12–16–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1108; Project 

Identifier AD–2020–01397–T; Amendment 

39–21360; AD 2020–26–05] 

RIN 2120–AA64 

Airworthiness Directives; Textron 

Aviation Inc. (Type Certificate 

Previously Held by Cessna Aircraft 

Company) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Textron Aviation Inc. (type certificate 

previously held by Cessna Aircraft 

Company) Model 560XL airplanes. This 

AD was prompted by an incident where 

a Model 560XL airplane experienced an 

uncommanded engine acceleration with 

the left engine throttle unresponsive to 

power commands, including engine 

shut-off. This AD requires an inspection 

of the rivet of the left and right throttle 

quadrant assembly (TQA) sensor link 

and sensor drive arm pivot for correct 

installation and corrective actions if 

necessary. The FAA is issuing this AD 

to address the unsafe condition on these 

products. 

DATES: This AD is effective December 

17, 2020. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 17, 2020. 

The FAA must receive comments on 

this AD by February 1, 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 service information identified in 

this final rule, contact Textron Aviation 

Inc., P.O. Box 7706, Wichita, KS 67277; 

phone: (316) 517–5800; website: https:// 

txtav.com. You may review this service 

information at the FAA, Airworthiness 

Products Section, Operational Safety 

Branch, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. It is also available 

at https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1108. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1108; 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 street address for 

the Docket Operations is listed above.