Proposed Rule2021-16339
Airworthiness Directives; Embraer S.A. Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. Models EMB-500 and EMB-505 airplanes. This proposed AD was prompted by a report that the operational envelope does not contain airspeed limitations and procedures for operating the airplane at static air temperatures below -54 [deg]C. This proposed AD would require revising the airplane flight manual (AFM) to incorporate new and revised airspeed limitations and procedures. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 145 (Monday, August 2, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 145 (Monday, August 2, 2021)]
[Proposed Rules]
[Pages 41410-41412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16339]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 /
Proposed Rules
[[Page 41410]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1077; Project Identifier MCAI-2020-00819-A]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. Models EMB-500 and EMB-505 airplanes. This
proposed AD was prompted by a report that the operational envelope does
not contain airspeed limitations and procedures for operating the
airplane at static air temperatures below -54 [deg]C. This proposed AD
would require revising the airplane flight manual (AFM) to incorporate
new and revised airspeed limitations and procedures. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this NPRM by September 16,
2021.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
<bullet> Fax: (202) 493-2251.
<bullet> 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.
<bullet> 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 NPRM, contact Phenom
Maintenance Support, Avenida Brigadeiro Faria Lima, 2170, P.O. Box 36/
2, S[atilde]o Jos[eacute] dos Campos, 12227-901, Brazil; phone: +55 12
3927 1000; email: <a href="/cdn-cgi/l/email-protection#4a3a222f24252764382f26232b282326233e330a2f2728382b2f3864292527642838"><span class="__cf_email__" data-cfemail="c8b8a0ada6a7a5e6baada4a1a9aaa1a4a1bcb188ada5aabaa9adbae6aba7a5e6aaba">[email protected]</span></a>; website: <a href="https://www.embraer.com.br/en-US/Pages/home.aspx">https://www.embraer.com.br/en-US/Pages/home.aspx</a>. You may view this service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 901 Locust, Kansas City, MO 64106. For information on
the availability of this material at the FAA, call (816) 329-4148.
Examining the AD Docket
You may examine the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2020-1077; 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
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The street address for Docket
Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, FAA, General Aviation & Rotorcraft Section, International
Validation Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone:
(816) 329-4165; fax: (816) 329-4090; email: <a href="/cdn-cgi/l/email-protection#89e3e0e4a7fbfcfde1ecfbefe6fbedc9efe8e8a7eee6ff"><span class="__cf_email__" data-cfemail="13797a7e3d6166677b7661757c6177537572723d747c65">[email protected]</span></a>.
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 ADDRESSES. Include ``Docket No. FAA-2020-1077; Project Identifier
MCAI-2020-00819-A'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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
the proposal 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Jim
Rutherford, Aviation Safety Engineer, FAA, General Aviation &
Rotorcraft Section, International Validation Branch, 901 Locust, Room
301, Kansas City, MO 64106. Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.
Background
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued ANAC AD 2020-05-
03, effective June 1, 2020 (ANAC AD 2020-05-03) (also referred to after
this as ``the MCAI''), to correct an unsafe condition on Embraer S.A.
Models EMB-500 and EMB-505 airplanes with certain engines installed.
Although the affected airplanes were designed for operation at
temperatures below -54 [deg]C, the operational envelope in the AFM does
not contain the necessary limitations and procedures to operate safely
in these colder temperatures. The MCAI states that operation of the
affected airplanes at static air temperatures below -54 [deg]C without
these limitations could cause several systems and components to operate
inadequately, resulting in multiple systems failures.
Accordingly, the MCAI requires updating the AFM to incorporate a
modified operational envelope that establishes restrictions and minimum
airspeed required for each static temperature range. The FAA is
[[Page 41411]]
proposing this AD to prevent inadequate operation below the allowable
temperature, which could result in multiple systems failures and
compromise safe flight of the airplane.
You may examine the MCAI in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
1077.
Related Service Information Under 1 CFR Part 51
The FAA reviewed Embraer Phenom Operational Bulletin No. 500-001/
20, dated March 9, 2020; and Operational Bulletin No. 505-005/13,
Revision 1, dated March 9, 2020. This service information specifies
revising the AFM to incorporate limitations and procedures for the
minimum airspeed in the affected region of the operational envelope.
These documents are distinct since they apply to different airplane
models. This service information 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, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require revising the AFM by accomplishing
the actions specified in the service information already described.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 590 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Revising the AFM
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Labor cost Parts cost product operators
----------------------------------------------------------------------------------------------------------------
.5 work-hour x $85 per hour = $42.50......................... $0 $42.50 $25,075
----------------------------------------------------------------------------------------------------------------
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 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) Would not affect intrastate aviation in Alaska, and
(3) Would 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:
Embraer S.A.: Docket No. FAA-2020-1077; Project Identifier MCAI-
2020-00819-A.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 16, 2021.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Models EMB-500 and EMB-505
airplanes, all serial numbers, certificated in any category, with
Model PW617F-E or PW617F1-E engines (for Model EMB-500 airplanes) or
Model PW535E engines (for Model EMB-505 airplanes) installed.
(d) Subject
Joint Aircraft System Component (JASC) Code 0200, Operations.
(e) Unsafe Condition
This AD was prompted by a report that the operational envelope
does not contain airspeed limitations and procedures for operating
the airplane at static air temperatures below -54 [deg]C. The FAA is
issuing this AD to prevent inadequate operation below the allowable
temperature. The unsafe condition, if not addressed, could result in
multiple systems failures and compromise safe flight of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Revision of the Airplane Flight Manual (AFM)
Within 30 days after the effective date of this AD:
(1) For Model EMB-500 airplanes: Revise Section 2 Limitations
and Section 5 Performance of the existing AFM for your airplane by
incorporating the information in ``V--OPERATING INFORMATION,'' of
Embraer Phenom Operational Bulletin No. 500-001/20, dated March 9,
2020.
(2) For Model EMB-505 airplanes: Revise Section 2 Limitations,
Section 5 Performance, and Supplement 2 of the existing AFM for your
airplane by incorporating the
[[Page 41412]]
information in ``V--OPERATING INFORMATION,'' of Embraer Phenom
Operational Bulletin No. 505-005/13, Revision 1, dated March 9,
2020.
(h) Alternative Methods of Compliance (AMOCs)
(1) 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. Send your request to the person
identified in Related Information or email: <a href="/cdn-cgi/l/email-protection#e2dbcfa3b4b1cfa3abb0cfd5d1d2cfa3afada1a2848383cc858d94"><span class="__cf_email__" data-cfemail="91a8bcd0c7c2bcd0d8c3bca6a2a1bcd0dcded2d1f7f0f0bff6fee7">[email protected]</span></a>.
(2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspection, the manager
of the local Flight Standards District Office.
(i) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil AD
2020-05-03, effective June 1, 2020, for related information. This
MCAI may be found in the AD docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2020-1077.
(2) For more information about this AD, contact Jim Rutherford,
Aviation Safety Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301,
Kansas City, MO 64106; phone: (816) 329-4165; fax: (816) 329-4090;
email: <a href="/cdn-cgi/l/email-protection#6b01020645191e1f030e190d04190f2b0d0a0a450c041d"><span class="__cf_email__" data-cfemail="442e2d296a3631302c2136222b3620042225256a232b32">[email protected]</span></a>.
(3) For service information identified in this AD, contact
Phenom Maintenance Support, Avenida Brigadeiro Faria Lima, 2170,
P.O. Box 36/2, S[atilde]o Jos[eacute] dos Campos, 12227-901, Brazil;
phone: +55 12 3927 1000; email: <a href="/cdn-cgi/l/email-protection#e3938b868d8c8ecd91868f8a82818a8f8a979aa3868e8191828691cd808c8ecd8191"><span class="__cf_email__" data-cfemail="b7c7dfd2d9d8da99c5d2dbded6d5dedbdec3cef7d2dad5c5d6d2c599d4d8da99d5c5">[email protected]</span></a>;
website: <a href="https://www.embraer.com.br/en-US/Pages/home.aspx">https://www.embraer.com.br/en-US/Pages/home.aspx</a>. You may
view this service information at the FAA, Airworthiness Products
Section, Operational Safety Branch, 901 Locust, Kansas City, MO
64106. For information on the availability of this material at the
FAA, call (816) 329-4148.
Issued on July 27, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-16339 Filed 7-30-21; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 2, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.