[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Proposed Rules]
[Pages 4763-4764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1392]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE286; Notice No. 23-08-03-SC]


Special Conditions: Embraer S.A., Model EMB-500, Airspeed 
Indicating System 23.1323(e)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Embraer Model 
EMB-500 airplane. This airplane will have a novel or unusual design 
feature(s) associated with airspeed 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 establish a level of safety equivalent to that 
established by the existing airworthiness standards.

DATES: Comments must be received on or before February 27, 2008.

ADDRESSES: Mail two copies of your comments to: Federal Aviation 
Administration, Regional Counsel, ACE-7, 901 Locust, Room 506, Kansas 
City, Missouri 64106. You may deliver two copies to the Small Airplane 
Directorate at the above address. Mark your comments: Docket No. CE286. 
You may inspect comments in the Rules Docket weekdays, except Federal 
holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT:  J. Lowell Foster, Small Airplane 
Directorate Standards Office, ACE-111, Federal Aviation Administration, 
Small Airplane Directorate, Aircraft Certification Service, 901 Locust, 
Kansas City, MO 64106; telephone (816) 329-4125; facsimile (816) 329-
4090.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by 
sending written comments, data, or views. The most helpful comments 
reference a specific portion of the special

[[Page 4764]]

conditions, explain the reason for any recommended change, and include 
supporting data. We ask that you send us two copies of written 
comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning these special conditions. You can inspect the docket before 
and after the comment closing date. If you wish to review the docket in 
person, go to the address in the ADDRESSES section of this preamble 
between 7:30 a.m. and 4 p.m., Monday through Friday, except Federal 
holidays.
    We will consider all comments we receive on or before the closing 
date for comments. We will consider comments filed late if it is 
possible to do so without incurring expense or delay. We may change 
these special conditions based on the comments we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number CE286 appears. We will stamp the date on the 
postcard and mail it back to you.

Background

    On October 5, 2005, Embraer applied for a type certificate for 
their new Model EMB-500. The EMB-500 is predominantly a metal low-wing 
airplane with a ``T'' tail vertical and horizontal stabilizer. The 
Model EMB-500 provides accommodations for two pilots and up to four 
passengers in the main cabin area. It is powered by two Pratt and 
Whitney Canada PW&C 617F/1 turbofan engines with approximately 1600 
pounds of thrust each. The engines are mounted on the aft fuselage 
pylons. Two redundant FADECs will control each engine. The maximum 
takeoff weight is 9965 pounds. The VMO/MMO speeds 
for the model EMB-500 are 275 KIAS/M0.70; and the maximum altitude is 
41,000 feet.

Type Certification Basis

    Under the provisions of 14 CFR 21.17, Embraer must show that the 
EMB-500 meets the applicable provisions of part 23, effective February 
1, 1965, as amended by amendments 23-1 through 23-55. 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 Embraer Model 500 series because of a novel or 
unusual design feature, special conditions are prescribed under the 
provisions of Sec.  21.16.
    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(a)(1).
    In addition to the applicable airworthiness regulations and special 
conditions, the EMB-500 must comply with the part 23 fuel vent and 
exhaust emission requirements of 14 CFR part 34 and the part 23 noise 
certification requirements of 14 CFR part 36 and the FAA must issue a 
finding of regulatory adequacy under Sec.  611 of Public Law 92-574, 
the ``Noise Control Act of 1972.''.

Novel or Unusual Design Features

    The Embraer Model 500 will incorporate the following novel or 
unusual design features: aft-mounted turbojet engines, certain 
performance and flight characteristics, and operating limitations 
necessary for this type of airplane.

Discussion

    The proposed special conditions for the EMB-500 came from the 14 
CFR part 23 commuter category. Section 23.1323(e) requires that the 
airspeed indicating system must be calibrated to determine the system 
error during the accelerate-takeoff ground run. The ground run 
calibration must be obtained between 0.8 of the minimum value of 
V1 and 1.2 times the maximum value of V1, 
considering the approved ranges of altitude and weight. The ground run 
calibration must be determined assuming an engine failure at the 
minimum value of V1.
    Regarding the proposed SC 23.1323(e), Embraer understands that 
airspeed indicating system calibration in ground-effect should be 
performed up to the maximum V2 value, considering the 
approved range of altitude and weight. As V1 values are very 
close to V2 values on normal takeoffs, calibration up to 1.2 
V1 requires the calibration in ground-effect for speeds 
higher than V2, when the airplane is already flying and out 
of ground-effect. Therefore, Embraer proposes that SC 23.1323(e) be 
changed to read like part 25, as follows:
    ``In addition, the airspeed indicating system must be calibrated to 
determine the system error during the accelerate-takeoff ground run. 
The ground run calibration must be obtained between 0.8 of the minimum 
value of V1 and the maximum value of V2, 
considering the approved ranges of altitude and weight. The ground run 
calibration must be determined assuming an engine failure at the 
minimum value of V1.''

Applicability

    As discussed above, these special conditions are applicable to the 
Embraer Model 500 series. Should Embraer apply 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 the provisions of Sec.  21.101(a)(1).

Conclusion

    This action affects only certain novel or unusual design features 
on the Embraer Model 500 series of airplanes. It is not a rule of 
general applicability, and it affects only the applicant who applied to 
the FAA for approval of these features on the airplane.
    The FAA agrees with Embraer's position and proposed revision of the 
special conditions for section 23.1323(e).

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.
    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 Embraer Model EMB-500 series airplanes:
    SC 23.1323(e)
    In addition, the airspeed indicating system must be calibrated to 
determine the system error during the accelerate-takeoff ground run. 
The ground run calibration must be obtained between 0.8 of the minimum 
value of V1 and the maximum value of V2, 
considering the approved ranges of altitude and weight. The ground run 
calibration must be determined assuming an engine failure at the 
minimum value of V1.

    Issued in Kansas City, Missouri on January 15, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification 
Service.
 [FR Doc. E8-1392 Filed 1-25-08; 8:45 am]
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