Airworthiness Directives; Embraer S.A. Airplanes, 41410-41412 [2021-16339]
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41410
Proposed Rules
Federal Register
Vol. 86, No. 145
Monday, August 2, 2021
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.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Examining the AD Docket
[Docket No. FAA–2020–1077; Project
Identifier MCAI–2020–00819–A]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
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
khammond on DSKJM1Z7X2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:46 Jul 30, 2021
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.
Jkt 253001
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.
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.
FOR FURTHER INFORMATION CONTACT:
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
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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
E:\FR\FM\02AUP1.SGM
02AUP1
Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Proposed Rules
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.
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.
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
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
41411
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
khammond on DSKJM1Z7X2PROD with PROPOSALS
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,
VerDate Sep<11>2014
16:46 Jul 30, 2021
Jkt 253001
(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.
(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.
List of Subjects in 14 CFR Part 39
(d) Subject
Joint Aircraft System Component (JASC)
Code 0200, Operations.
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.
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
(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
E:\FR\FM\02AUP1.SGM
02AUP1
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-730AMOC@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
khammond on DSKJM1Z7X2PROD with PROPOSALS
[Docket No. FAA–2021–0537; Airspace
Docket No. 21–ASO–21]
RIN 2120–AA66
Proposed Amendment of Class E
Airspace; Mooresville, NC
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
VerDate Sep<11>2014
16:46 Jul 30, 2021
Jkt 253001
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:
SUMMARY:
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,
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
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
E:\FR\FM\02AUP1.SGM
02AUP1
Agencies
[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]
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