[Federal Register Volume 89, Number 59 (Tuesday, March 26, 2024)]
[Rules and Regulations]
[Pages 20846-20849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06444]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-0469; Project Identifier MCAI-2024-00137-T; 
Amendment 39-22705; AD 2024-05-13]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Embraer S.A. Model EMB-545 and EMB-550 airplanes. This AD was prompted 
by a report of a hard landing event with substantial damage to the 
airplane, in which the angle of attack (AOA) limiter was engaged during 
the final approach phase in unstable air conditions and remained 
engaged until the airplane touched down on the runway. This AD requires 
revising the Limitations and Normal Procedures sections of the existing 
airplane flight manual (AFM) to incorporate new operational airspeed 
limitations, and flight control limitations and approach procedures 
when AOA limiter protection is engaged, as specified in an 
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which 
is incorporated by reference. This AD also requires inspecting records 
for instances of AOA limiter engagement during a certain phase of 
flight and reporting findings to the FAA. The FAA is issuing this AD to 
address the unsafe condition on these products.

DATES: This AD is effective April 10, 2024.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of April 10, 
2024.
    The FAA must receive comments on this AD by May 10, 2024.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-0469; 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 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For ANAC material incorporated by reference in this AD, 
contact National Civil Aviation Agency (ANAC), Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email anac.gov.br">pac@anac.gov.br; 
website anac.gov.br/en/. You may find this material on the ANAC website 
at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
     You may view this material that is incorporated by 
reference at the FAA, Airworthiness Products Section, Operational 
Safety Branch, 2200 South 216th St., Des Moines, WA. For information on 
the availability of this material at the FAA, call 206-231-3195. It is 
also available at regulations.gov under Docket No. FAA-2024-0469.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 206-231-3653; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2024-0469; Project Identifier MCAI-
2024-00137-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 
this final rule 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Hassan 
Ibrahim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3653; email: 
[email protected]. Any commentary that the FAA receives which is 
not specifically designated as CBI will be placed in the public docket 
for this rulemaking.

Background

    ANAC, which is the aviation authority for Brazil, has issued ANAC 
AD 2024-02-02, effective February 26, 2024 (ANAC AD 2024-02-02) (also 
referred to after this as the MCAI), to correct an unsafe condition for 
all Embraer S.A. Model EMB-545 and EMB-550 airplanes. The MCAI states 
that a hard landing event with substantial damage to the airplane was 
reported, in which the AOA limiter was engaged during the final 
approach phase in unstable air conditions and remained engaged until 
the airplane touched down on the runway. If the AOA limiter remains 
engaged during the final approach phase when the landing flare

[[Page 20847]]

is commanded, pitch response could be reduced during a critical phase 
of flight near the ground; in unstable air conditions, this condition 
could result in a high-rate-of-descent landing and the possible 
consequent catastrophic structural damage of the airplane on landing.
    The FAA is issuing this AD to address the unsafe condition on these 
products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-0469.

Related Material Under 1 CFR Part 51

    ANAC AD 2024-02-02 specifies procedures for revising the 
Limitations and Normal Procedures sections of the existing AFM to 
incorporate operational airspeed limitations, and flight control 
limitations and approach procedures when AOA limiter protection is 
engaged. This material 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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD after determining that the 
unsafe condition described previously is likely to exist or develop on 
other products of the same type design.

Requirements of This AD

    This AD requires accomplishing the actions specified in ANAC AD 
2024-02-02 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD and except as discussed 
under ``Differences Between this AD and the MCAI.''

Compliance With AFM Revisions

    FAA regulations require operators furnish to pilots any changes to 
the AFM (for example, 14 CFR 121.137), and to ensure the pilots are 
familiar with the AFM (for example, 14 CFR 91.505). As with any other 
flightcrew training requirement, training on the updated AFM content is 
tracked by the operators and recorded in each pilot's training record, 
which is available for the FAA to review. FAA regulations also require 
pilots to follow the procedures in the existing AFM including all 
updates. 14 CFR 91.9 requires that any person operating a civil 
aircraft must comply with the operating limitations specified in the 
AFM.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, 
ANAC AD 2024-02-02 is incorporated by reference in this AD. This AD 
requires compliance with ANAC AD 2024-02-02 in its entirety through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this AD. Service information required by ANAC 
AD 2024-02-02 for compliance will be available at regulations.gov under 
Docket No. FAA-2024-0469 after this AD is published.

Differences Between This AD and the MCAI

    This AD requires inspecting all airplane records for instances of 
AOA limiter engagement that occur after passing the final approach fix 
inbound, or within 5 miles of the intended point of landing if a final 
approach fix is not required, and reporting findings to the FAA. The 
compliance time for the records inspection is at intervals not to 
exceed 30 days after the effective date of this AD for 12 months after 
the effective date of this AD. The compliance time for reporting is 
within 10 days after each records inspection.

Interim Action

    The FAA considers that this AD is an interim action. If final 
action is later identified, the FAA might consider further rulemaking 
then.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because if the AOA limiter remains engaged during the final approach 
phase when the landing flare is commanded, pitch response could be 
reduced during a critical phase of flight near the ground; in unstable 
air conditions, this condition could result in a high-rate-of-descent 
landing and consequent catastrophic structural damage of the airplane 
on landing. Accordingly, notice and opportunity for prior public 
comment are impracticable and contrary to the public interest pursuant 
to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects 121 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 20848]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
            Action                 Labor cost      Parts cost      Cost per product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
AFM revision..................  1 work-hour x              $0  $85.....................  $10,285.
                                 $85 per hour =
                                 $85.
Records inspection............  1 work-hour x               0  Up to $1,020............  Up to $123,420.
                                 $85 per hour =
                                 $85.
Report results................  1 work-hour x               0  Up to $1,020............  Up to $123,420.
                                 $85 per hour =
                                 $85.
----------------------------------------------------------------------------------------------------------------

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, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2024-05-13 Embraer S.A.: Amendment 39-22705; Docket No. FAA-2024-
0469; Project Identifier MCAI-2024-00137-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 10, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Embraer S.A. Model EMB-545 and EMB-550 
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by a report of a hard landing event with 
substantial damage to the airplane, in which the angle of attack 
(AOA) limiter was engaged during the final approach phase in 
unstable air conditions and remained engaged until the airplane 
touched down on the runway. The FAA is issuing this AD to address 
AOA limiter engagement during the final approach phase when the 
landing flare is commanded, which could reduce pitch response during 
a critical phase of flight near the ground. In unstable air 
conditions, this condition, if not addressed, could result in a 
high-rate-of-descent landing and consequent catastrophic structural 
damage to the airplane on landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD 2024-02-02, effective February 26, 2024 (ANAC AD 
2024-02-02).
    Note 1 to paragraph (g): Embraer EMB-545/EMB-550 Stall 
Protection, General Publication GP-8073, Revision 1, dated February 
16, 2024, provides additional guidance regarding the actions 
required by this AD.

(h) Exceptions to ANAC AD 2024-02-02

    (1) Where ANAC AD 2024-02-02 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt paragraph (d) of ANAC AD 2024-02-02.

(i) Records Inspection and Report of Results

    (1) Within 30 days after the effective date of this AD, each 
operator must inspect all aircraft records for instances of AOA 
limiter engagement that occur after passing the final approach fix 
inbound, or within 5 miles of the intended point of landing if a 
final approach fix is not required. Repeat the inspection thereafter 
at intervals not to exceed 30 days until 12 months after the 
effective date of this AD. One report per operator may include 
multiple aircraft for the same operator for that inspection.
    (2) Within 10 days after the records inspection required in 
paragraph (i)(1) of this AD, report the results of the inspection, 
regardless of whether the inspection found any entries, to the FAA 
by either email: [email protected]; or mail: Attn: Continued 
Operational Safety, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, 
College Park, GA 30337. The report must include all known 
information about the event listed in paragraphs (i)(2)(i) through 
(viii) of this AD:
    (i) Date of records inspection;
    (ii) Date and time of all AOA limiter engagements that meet the 
criteria in paragraph (i)(1) of this AD (if any);
    (iii) Airplane serial number;
    (iv) Weather conditions at the time of each occurrence;
    (v) Copy of the pilot's report of the occurrence (if available);
    (vi) Any of the following data that is available: Destination, 
destination weather, Vref, Vapp, status of autopilot and 
autothrottle, airspeed at time of AOA limiter engagement, altitude 
at time of AOA limiter engagement, any turbulence present and its 
severity, crew action (e.g., go around or continued approach), 
actual AOA at the time of limiter engagement, seat position of the 
pilot who was flying (i.e., left or right);
    (vii) Flight operations quality assurance (FOQA) data (if 
available); and
    (viii) Any other information pertinent to the occurrence.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): 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. In accordance with 14 CFR 39.19, send your

[[Page 20849]]

request to your principal inspector or responsible Flight Standards 
Office, as appropriate. If sending information directly to the 
manager of the International Validation Branch, mail it to the 
address identified in paragraph (k)(1) of this AD. Information may 
be emailed to: [email protected]. Before using any approved 
AMOC, notify your appropriate principal inspector, or lacking a 
principal inspector, the manager of the responsible Flight Standards 
Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If 
approved by the ANAC Designee, the approval must include the 
Designee's authorized signature.

(k) Additional Information

    (1) For more information about this AD, contact Hassan Ibrahim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3653; email: 
[email protected].
    (2) For Embraer S.A. service information identified in this AD 
that is not incorporated by reference, contact Embraer S.A., 
Technical Publications Section (PC 560), Rodovia Presidente Dutra, 
km 134, 12247-004 Distrito Eug[ecirc]nio de Melo--S[atilde]o 
Jos[eacute] dos Campos--SP--Brazil; telephone: +55 12 3927-0386; 
email: [email protected]; website: mytechcare.embraer.com.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2024-02-02, effective February 26, 2024.
    (ii) [Reserved]
    (3) For ANAC AD 2024-02-02 that is incorporated by reference, 
contact National Civil Aviation Agency (ANAC), Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email: 
anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD 
on the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (4) You may view this material that is incorporated by reference 
at the FAA, Airworthiness Products Section, Operational Safety 
Branch, 2200 South 216th St., Des Moines, WA. For information on the 
availability of this material at the FAA, call 206-231-3195.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on March 13, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-06444 Filed 3-22-24; 11:15 am]
BILLING CODE 4910-13-P