Airworthiness Directives; Embraer S.A. Airplanes

[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Rules and Regulations]
[Pages 76112-76114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24393]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1708; Project Identifier MCAI-2023-00554-A; 
Amendment 39-22576; AD 2023-21-04]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This AD was 
prompted by occurrences of an uncommanded change in the setting of the 
barometric pressure in both primary flight displays (PFDs). This AD 
requires installing a new version of the airplane avionics system 
software, as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective December 11, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 11, 
2023.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-1708; 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 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
    <bullet> For service information identified in this final rule, 
contact ANAC, Continuing Airworthiness Technical Branch (GTAC), Rua 
Doutor 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; phone: 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.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas City, 
MO 64106. For information on the availability of this material at the 
FAA, call (817) 222-5110. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2023-1708.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: (816) 329-4165; email: [email protected].

[[Page 76113]]


SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Embraer Model 
EMB-505 airplanes. The NPRM published in the Federal Register on August 
14, 2023 (88 FR 54941). The NPRM was prompted by AD 2023-04-01, 
effective April 4, 2023, issued by ANAC, which is the aviation 
authority for Brazil (ANAC AD 2023-04-01) (also referred to as the 
MCAI), to correct an unsafe condition for Embraer Model EMB-505 
airplanes equipped with the Garmin G3000 avionics system. The MCAI 
states that there have been occurrences of uncommanded change in the 
setting of the barometric pressure in both PFDs resulting in erroneous 
altitude information. Erroneous altitude information on both PFDs could 
result in altitude mismanagement or spatial disorientation of the 
flight crew.
    In the NPRM, the FAA proposed to require installing a new version 
of the airplane avionics system software, as specified in ANAC AD 2023-
04-01. The FAA is issuing this AD to address the uncommanded change in 
the setting of the barometric pressure in both PFDs, which could 
consequently lead to a deviation from the intended altitude and loss of 
control of the airplane, risk of air collision due to inadequate air 
traffic separation, or risk of controlled flight into terrain.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1708.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the costs.

Conclusion

    These products have been approved by the aviation authority of 
another country and are 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 reviewed the relevant data and 
determined that air safety requires adopting this AD as proposed. 
Accordingly, the FAA is issuing this AD to address the unsafe condition 
on these products. Except for minor editorial changes, this AD is 
adopted as proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2023-04-01 specifies procedures for installing Garmin G3000 
avionics system software updates.
    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 ADDRESSES.

Differences Between This AD and the MCAI

    ANAC AD 2023-04-01 requires installing the software update in 
accordance with the service information specified in ANAC AD 2023-04-
01, and this AD does not require using that service information to 
install the software update.
    Paragraph (c) of ANAC AD 2023-04-01 provides credit for performing 
previous actions using previous revisions of the service information 
specified in ANAC AD 2023-04-01. Paragraph (d) of ANAC AD 2023-04-01 
provides procedures for obtaining an alternative method of compliance. 
Paragraph (e) of ANAC AD 2023-04-01 requires using the service 
information specified in ANAC AD 2023-04-01, or future revisions 
approved by ANAC, to do the software update. This AD does not require 
compliance with paragraphs (c) through (e) of ANAC AD 2023-04-01.

Costs of Compliance

    The FAA estimates that this AD affects 183 airplanes of U.S. 
registry.
    The FAA estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Install software....................  8 work-hours x $85 per              $50             $730         $133,590
                                       hour = $680.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, all of the costs associated 
with the software update may be covered under warranty.

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,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

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:

[[Page 76114]]

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:

2023-21-04 Embraer S.A.: Amendment 39-22576; Docket No. FAA-2023-
1708; Project Identifier MCAI-2023-00554-A.

(a) Effective Date

    This airworthiness directive (AD) is effective December 11, 
2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-505 airplanes, as 
identified in paragraph (a) of Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD 2023-04-01, effective April 4, 
2023 (ANAC AD 2023-04-01), certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 3100, Indicating/
recording system.

(e) Unsafe Condition

    This AD was prompted by occurrences of an uncommanded change in 
the setting of the barometric pressure in both primary flight 
displays (PFDs). The FAA is issuing this AD to address the 
uncommanded change in the setting of the barometric pressure in both 
PFDs. The unsafe condition, if not addressed, could result in 
altitude mismanagement or spatial disorientation of the flight crew, 
with consequent deviation from the intended altitude and loss of 
control of the airplane, risk of air collision due to inadequate air 
traffic separation, or risk of controlled flight into terrain.

(f) Compliance

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

(g) Required Actions

    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, ANAC AD 2023-04-01.

(h) Exceptions to ANAC AD 2023-04-01

    (1) Where ANAC AD 2023-04-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt paragraphs (c), (d), and (e) of ANAC 
AD 2023-04-01.

(i) No Reporting Required

    Although the service information referenced in ANAC AD 2023-04-
01 specifies to submit certain information to the manufacturer, this 
AD does not include that requirement.

(j) 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 request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the International Validation Branch, mail 
it to the address identified in paragraph (k) of this AD or email 
to: [email protected]. If mailing information, also submit 
information by email. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local Flight Standards District Office/
certificate holding district office.

(k) Additional Information

    For more information about this AD, contact Jim Rutherford, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: (816) 329-4165; email: 
[email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless the AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2023-04-01, effective April 4, 2023.
    (ii) [Reserved]
    (3) For ANAC AD 2023-04-01, contact ANAC, Continuing 
Airworthiness Technical Branch (GTAC), Rua Doutor 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; phone: 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.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 901 Locust, Kansas 
City, MO 64106. For information on the availability of this material 
at the FAA, call (817) 222-5110.
    (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 October 26, 2023.
Caitlin Locke,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2023-24393 Filed 11-3-23; 8:45 am]
BILLING CODE 4910-13-P

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