[Federal Register Volume 73, Number 15 (Wednesday, January 23, 2008)]
[Proposed Rules]
[Pages 3884-3885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1077]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE283; Notice No. 23-08-01-SC]


Special Conditions: Embraer S.A.; Model EMB-500; Brakes--
Designation of Applicable Regulations

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 braking 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 Counsel, ACE-7, Attention: Rules 
Docket, Docket No. CE283, 901 Locust, Room 506, Kansas City, Missouri 
64106, or delivered in duplicate to the Regional Counsel at the above 
address. Comments must be marked: CE283. 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. CE283.'' 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 FAA considers it necessary to add an additional airworthiness 
standard to adopt the commuter category requirement in 14 CFR 
23.735(e), which the Administrator 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 under 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 under Sec.  11.38 and become part of the type certification 
basis under 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(a)(1).

Novel or Unusual Design Features

    The EMB-500 will incorporate the following novel or unusual design 
features: The takeoff speed and takeoff distance for this jet airplane 
make it necessary to adopt rejected takeoff requirements.

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(a)(1).

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.

[[Page 3885]]

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 (FAA) proposes the 
following special conditions as part of the type certification basis 
for the Embraer S.A. Model EMB-500 airplanes. Brakes-Designation of 
Applicable Regulations.
    SC 23.735(e): Delete ``In addition, for commuter category 
airplanes.''
    The rejected takeoff brake kinetic energy capacity rating of each 
main wheel brake assembly must not be less than the kinetic energy 
absorption requirements determined under either of the following 
methods.
    (e)(1) The brake kinetic energy absorption requirements must be 
based on a conservative rational analysis of the sequence of events 
expected during a rejected takeoff at the design takeoff weight.
    (e)(2) Instead of rational analysis, the kinetic energy absorption 
requirements for each main wheel brake assembly may be derived from the 
following formula--
KE = 0.0443WV\2\N

Where:

KE =Kinetic energy per wheel (ft.-lbs.);
W = Design takeoff weight (lbs.);
V = Ground speed, in knots, associated with the maximum value of 
V1 selected in accordance with Sec.  23.51(c)(1);
N = Number of main wheels with brakes.

    Issued in Kansas City, Missouri on January 15, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-1077 Filed 1-22-08; 8:45 am]
BILLING CODE 4910-13-P