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.

Proposed Rules Federal Register

41410 

Vol. 86, No. 145 

Monday, August 2, 2021 

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 °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, Sa ̃o Jose ́ dos Campos, 12227–901, 

Brazil; phone: +55 12 3927 1000; email: 

phenom.reliability@embraer.com.br; 

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: 

jim.rutherford@faa.gov. 

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 Ageˆncia Nacional de Aviac ̧a ̃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 °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 °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 


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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules 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 

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

.5 work-hour × $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 

■ 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: 

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 °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 


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41412 Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules 

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: 9-AVS-AIR-730- 

AMOC@faa.gov. 

(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) Ageˆncia 

Nacional de Aviac ̧a ̃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: jim.rutherford@faa.gov. 

(3) For service information identified in 

this AD, contact Phenom Maintenance 

Support, Avenida Brigadeiro Faria Lima, 

2170, P.O. Box 36/2, Sa ̃o Jose ́ dos Campos, 

12227–901, Brazil; phone: +55 12 3927 1000; 

email: phenom.reliability@embraer.com.br; 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–0537; Airspace 

Docket No. 21–ASO–21] 

RIN 2120–AA66 

Proposed Amendment of Class E 

Airspace; Mooresville, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace extending 

upward from 700 feet above the surface 

for Lake Norman Airpark, Mooresville, 

NC, by removing Lowe’s Mooresville 

Heliport from the description, as the 

heliport has closed and airspace is no 

longer required. This action would 

enhance the safety and management of 

controlled airspace within the national 

airspace system. Also, during the 

airspace review the FAA determined a 

radius increase was required at Lake 

Norman Airpark. In addition, the FAA 

proposes to remove unnecessary 

verbiage that references Class E airspace 

in Statesville, NC, and Concord, NC. 

Controlled airspace is necessary for the 

safety and management of instrument 

flight rules (IFR) operations in the area. 

DATES: Comments must be received on 

or before September 16, 2021. 

ADDRESSES: Send comments on this 

proposal to: The U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001; 

Telephone: (800) 647–5527 or (202) 

366–9826. You must identify the Docket 

No. FAA–2021–0537; Airspace Docket 

No. 21–ASO–21, at the beginning of 

your comments. You may also submit 

comments through the internet at 

https://www.regulations.gov. 

FAA Order 7400.11E Airspace 

Designations and Reporting Points, and 

subsequent amendments, can be viewed 

online at https://www.faa.gov/air_

traffic/publications/. For further 

information, you can contact the 

Airspace Policy Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

Telephone: (202) 267–8783. The Order 

is also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.11E at NARA, email 

fedreg.legal@nara.gov or go to https://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. 

FOR FURTHER INFORMATION CONTACT: John 

Goodson, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, 1701 Columbia Avenue, 

College Park, GA 30337; Telephone 

(404) 305–5966. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority, as it would 

amend Class E airspace in Mooresville, 

NC to support IFR operations in the 

area. 

Comments Invited 

Interested persons are invited to 

comment on this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (Docket No. FAA– 

2021–0537 and Airspace Docket No. 21– 

ASO–21) and be submitted in triplicate 

to DOT Docket Operations (see 

ADDRESSES section for the address and 

phone number). You may also submit 

comments through the internet at 

https://www.regulations.gov. 

Persons wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2021–0537; Airspace 

Docket No. 21–ASO–21.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this document may be 

changed in light of the comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

comment closing date. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

internet at https://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 


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