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.

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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 Aviacao 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--Sao Jose dos
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email 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: hassan.m.ibrahim@faa.gov.

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:
hassan.m.ibrahim@faa.gov. 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
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:

Estimated Costs for Required Actions

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

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]

2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive: