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[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 [www.gpo.gov]
[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:
     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 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: [email protected]; website: https://www.embraer.com.br/en-US/Pages/home.aspx. 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 https://www.regulations.gov 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: [email protected].

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 
https://www.regulations.gov, 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 https://www.regulations.gov 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: [email protected].
    (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 https://www.regulations.gov 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: [email protected].
    (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: [email protected]; 
website: https://www.embraer.com.br/en-US/Pages/home.aspx. 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
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