[Federal Register Volume 73, Number 15 (Wednesday, January 23, 2008)]
[Proposed Rules]
[Pages 3882-3884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1076]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE284; Notice No. 23-08-02-SC]


Special Conditions: Embraer S.A.; Model EMB-500; Static Pressure 
System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This notice proposes special conditions for the Embraer S.A.; 
Model EMB-500 airplane. This airplane has a novel or unusual design 
feature associated with the static pressure system. The applicable 
airworthiness regulations do not contain adequate or appropriate safety 
standards for this design feature. These proposed special conditions 
contain the additional safety standards that the Administrator 
considers necessary to harmonize with Brazil's Agencia Nacional de 
Aviacao Civil (ANAC) and to maintain the same level of safety between 
the ANAC Type Certificate and the U.S. Type Certificate.

DATES: Comments must be received on or before February 22, 2008.

ADDRESSES: Mail comments on this proposal in duplicate to: Federal 
Aviation Administration, Regional

[[Page 3883]]

Counsel, ACE-7, Attention: Rules Docket, Docket No. CE284, 901 Locust, 
Room 506, Kansas City, Missouri 64106, or delivered in duplicate to the 
Regional Counsel at the above address. Comments must be marked: CE284. 
Comments may be inspected in the Rules Docket weekdays, except Federal 
holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Leslie B. Taylor, Federal Aviation 
Administration, Aircraft Certification Service, Small Airplane 
Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri, 816-
329-4134, fax 816-329-4090, e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of 
these proposed special conditions by submitting such written data, 
views, or arguments as they may desire. Identify the regulatory docket 
or notice number and submit them in duplicate to the address specified 
above. All communications received on or before the closing date for 
comments will be considered by the Administrator. The proposals 
described in this notice may be changed in light of the comments 
received. All comments received will be available in the Rules Docket 
for examination by interested persons, both before and after the 
closing date for comments. A report summarizing each substantive public 
contact with FAA personnel concerning this rulemaking will be filed in 
the docket. If you wish the FAA to acknowledge receipt of the comments 
submitted in response to this notice, include with those comments a 
self-addressed, stamped postcard on which the following statement is 
made: ``Comments to Docket No. CE284.'' The postcard will be date 
stamped and returned to the commenter.

Background

    On October 5, 2005, Embraer S.A. applied for a type certificate for 
their new Model EMB-500. The EMB-500 is a twin engine jet of a type 
popularly referred to as a very light jet. The airplane is proposed to 
be type certificated in the normal category of 14 CFR part 23 (and 
comparable Brazilian requirements RBHA 23). The EMB-500 is 
predominantly of metallic construction and is a conventionally 
configured low-wing monoplane with a T-tail and tricycle landing gear. 
The two Pratt and Whitney of Canada 1,600 pound thrust P&WC 617F/1 
turbofan engines are aft fuselage mounted in typical business jet 
fashion. The engines are full authority digital engine control (FADEC) 
equipped.
    The airplane's maximum takeoff weight is 9,965 pounds. The 
VMO/MMO is 275 KIAS/M .70, with a maximum 
operating altitude of 41,000 feet. Requested operations are day/night 
VFR/IFR, and icing operations approval is requested.
    The advance of electronic technology in altimetry systems has 
permitted a better precision of altitude measurements, including the 
improvements to Altimetry System Error (ASE) (difference between the 
pressure altitude displayed to the flightcrew when referenced to the 
International Standard Atmosphere (ISA) standard ground pressure 
setting and free stream pressure), Static Source Error (difference 
between the pressure sensed by the static system at the static port and 
the undisturbed ambient pressure) and Static Source Error Correction 
(SSEC) (correction for static source error). These parameters are 
essential, for example, in operation in Reduced Vertical Minimum 
Separation (RVSM) airspace. This special condition for the Embraer EMB-
500 airplane for the Static Pressure System, including new avionics and 
certain performance characteristics inherent in this type of airplane, 
was partially envisioned in existing regulations. This special 
condition contains the additional airworthiness standards that the FAA 
considers necessary to harmonize with ANAC and to maintain the same 
level of safety between the ANAC Type Certificate and the U.S. Type 
Certificate.

Type Certification Basis

    Under the provisions of 14 CFR part 21, Sec.  21.17, Embraer S.A. 
must show that the EMB-500 meets the applicable provisions of 14 CFR 
part 23, as amended by Amendment 23-1 through Amendment 23-55 thereto.
    If the Administrator finds that the applicable airworthiness 
regulations (i.e., 14 CFR part 23) do not contain adequate or 
appropriate safety standards for the EMB-500 because of a novel or 
unusual design feature, special conditions are prescribed under the 
provisions of Sec.  21.16.
    In addition to the applicable airworthiness regulations and special 
conditions, the EMB-500 must comply with the fuel vent and exhaust 
emission requirements of 14 CFR part 34 and the noise certification 
requirements of 14 CFR part 36; and the FAA must issue a finding of 
regulatory adequacy pursuant to section 611 of Public Law 92-574, the 
``Noise Control Act of 1972.''
    Special conditions, as appropriate, as defined in Sec.  11.19, are 
issued in accordance with Sec.  11.38 and become part of the type 
certification basis in accordance with Sec.  21.17(a)(2).
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate for that model be amended 
later to include any other model that incorporates the same novel or 
unusual design feature, the special conditions would also apply to the 
other model under the provisions of Sec.  21.101.

Novel or Unusual Design Features

    The EMB-500 will incorporate the following novel or unusual design 
features:
    The avionics system provides corrections to the altimeter 
indication, which introduces failure conditions not in other Static 
Pressure Systems.

Applicability

    As discussed above, these special conditions are applicable to the 
EMB-500. If Embraer S.A. applies at a later date for a change to the 
type certificate to include another model incorporating the same novel 
or unusual design feature, the special conditions would apply to that 
model as well under Sec.  21.101.

Conclusion

    This action affects only certain novel or unusual design features 
on one model of airplane. It is not a rule of general applicability and 
affects only the applicant who applied to the FAA for approval of these 
features on the airplane.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113 and 44701; 14 CFR 21.16 and 
21.17; and 14 CFR 11.38 and 11.19.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration proposes the 
following special conditions as part of the type certification basis 
for the Embraer S.A.; Model EMB-500 airplanes.

Static Pressure System

    If an altimeter system is fitted with a device that provides 
corrections to the altimeter indication, the device must be designed 
and installed in such a manner that it can be bypassed when it 
malfunctions, unless an alternate altimeter system is provided. Each 
correction device must be fitted with a

[[Page 3884]]

means for indicating occurrence of reasonably probable malfunctions, 
including power failure, to the flightcrew.

    Issued in Kansas City, Missouri, on January 15, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-1076 Filed 1-22-08; 8:45 am]
BILLING CODE 4910-13-P