[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 [www.gpo.gov]
[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: 
[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. It is also available at 
https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-1077.

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 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: [email protected].

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 https://www.regulations.gov 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
----------------------------------------------------------------------------------------------------------------

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: [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) 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].
    (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 https://www.regulations.gov 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: [email protected];

[[Page 72186]]

website: https://www.embraer.com.br/en-US/Pages/home.aspx.
    (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: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    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


