Rule2021-27511
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
December 21, 2021
Effective
January 25, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for certain Embraer S.A. Model EMB-500 and EMB-505 airplanes. 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. This AD requires revising the airplane flight manual (AFM) to incorporate new and revised airspeed limitations and procedures. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 242 (Tuesday, December 21, 2021)</title>
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[Federal Register Volume 86, Number 242 (Tuesday, December 21, 2021)]
[Rules and Regulations]
[Pages 72183-72186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27511]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2020-1077; Project Identifier MCAI-2020-00819-A;
Amendment 39-21842; AD 2021-24-21]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Embraer S.A. Model EMB-500 and EMB-505 airplanes. This AD was
prompted by a report that the
[[Page 72184]]
operational envelope does not contain airspeed limitations and
procedures for operating the airplane at static air temperatures below
-54 [deg]C. This AD requires revising the airplane flight manual (AFM)
to incorporate new and revised airspeed limitations and procedures. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective January 25, 2022.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of January 25,
2022.
ADDRESSES: For service information identified in this final rule,
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#43332b262d2c2e6d31262f2a22212a2f2a373a03262e21312226316d202c2e6d2131"><span class="__cf_email__" data-cfemail="1b6b737e75747635697e77727a797277726f625b7e7679697a7e6935787476357969">[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. It is also available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No.
FAA-2020-1077.
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 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.
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#157f7c783b6760617d7067737a6771557374743b727a63"><span class="__cf_email__" data-cfemail="f19b989cdf838485999483979e8395b1979090df969e87">[email protected]</span></a>.
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 all Embraer S.A. Model
EMB-500 and EMB-505 airplanes with certain engines installed. The NPRM
published in the Federal Register on August 2, 2021 (86 FR 41410). The
NPRM was prompted by MCAI originated by the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC), which is the aviation authority for
Brazil. ANAC issued 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. Model 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. In the NPRM, the
FAA proposed to require revising the AFM to incorporate the new and
revised airspeed limitations and procedures specified in the
manufacturer's service information. The FAA is issuing 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.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment on the NPRM from Embraer. The following
presents the comment received and the FAA's response to the comment.
Embraer requested that the FAA change the final rule to allow
operators to revise the AFM using EMB-500 AFM 2656, Revision 24, dated
March 17, 2020, and EMB-505 AFM-2665, Revision 21, dated March 13,
2020, as well as future FAA-approved AFM revisions. Embraer stated that
the information in the service information proposed for incorporation
by reference has been included in the March 2020 AFM revisions for each
model type.
The FAA agrees and has revised the AD to allow use of a different
document provided the language is identical to the language in the
service information incorporated by reference.
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 these products. Except for the changes described
previously, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.
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.
Costs of Compliance
The FAA estimates that this AD affects 590 airplanes of U.S.
registry.
[[Page 72185]]
Estimated Costs for Revising the AFM
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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.5 work-hour x $85 per hour = $42.50......................... $0 $42.50 $25,075
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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
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
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:
2021-24-21 Embraer S.A.: Amendment 39-21842; Docket No. FAA-2020-
1077; Project Identifier MCAI-2020-00819-A.
(a) Effective Date
This airworthiness directive (AD) is effective January 25, 2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. Model 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. You may use a different document provided the language is
identical to the language 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 information in ``V--OPERATING
INFORMATION,'' of Embraer Phenom Operational Bulletin No. 505-005/
13, Revision 1, dated March 9, 2020. You may use a different
document provided the language is identical to the language 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 paragraph (i)(1) of this AD and email: <a href="/cdn-cgi/l/email-protection#546d7915020779151d06796367647915191b17143235357a333b22"><span class="__cf_email__" data-cfemail="8db4a0ccdbdea0ccc4dfa0babebda0ccc0c2cecdebececa3eae2fb">[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) 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#365c5f5b184443425e5344505944527650575718515940"><span class="__cf_email__" data-cfemail="9af0f3f7b4e8efeef2ffe8fcf5e8fedafcfbfbb4fdf5ec">[email protected]</span></a>.
(2) 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.
(j) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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 the AD specifies otherwise.
(i) Embraer Phenom Operational Bulletin No. 500-001/20, dated
March 9, 2020.
(ii) Embraer Phenom Operational Bulletin No. 505-005/13,
Revision 1, dated March 9, 2020.
(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#4f3f272a212022613d2a23262e2d2623263b360f2a222d3d2e2a3d612c2022612d3d"><span class="__cf_email__" data-cfemail="47372f2229282a6935222b2e26252e2b2e333e07222a25352622356924282a692535">[email protected]</span></a>;
[[Page 72186]]
website: <a href="https://www.embraer.com.br/en-US/Pages/home.aspx">https://www.embraer.com.br/en-US/Pages/home.aspx</a>.
(4) You may view this service information at 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.
(5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: <a href="/cdn-cgi/l/email-protection#3452461a5d5a47445157405d5b5a745a5546551a535b42"><span class="__cf_email__" data-cfemail="472135692e2934372224332e2829072926352669202831">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on November 19, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-27511 Filed 12-20-21; 8:45 am]
BILLING CODE 4910-13-P
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