Airworthiness Directives; Embraer S.A. Airplanes, 76112-76114 [2023-24393]
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
(j) Exceptions to EASA AD 2023–0045
(1) This AD does not adopt the
requirements specified in paragraphs (1) and
(2) of EASA AD 2023–0045.
(2) Paragraph (3) of EASA AD 2023–0045
specifies revising ‘‘the approved AMP’’
within 12 months after its effective date, but
this AD requires revising the existing
maintenance or inspection program, as
applicable, within 90 days after the effective
date of this AD.
(3) The initial compliance time for doing
the tasks specified in paragraph (3) of EASA
AD 2023–0045 is at the applicable
‘‘limitations’’ as incorporated by the
requirements of paragraph (3) of EASA AD
2023–0045, or within 90 days after the
effective date of this AD, whichever occurs
later.
(4) This AD does not adopt the provisions
specified in paragraphs (4) and (5) of EASA
AD 2023–0045.
(5) This AD does not adopt the ‘‘Remarks’’
section of EASA AD 2023–0045.
(k) New Provisions for Alternative Actions
and Intervals
After the existing maintenance or
inspection program has been revised as
required by paragraph (i) of this AD, no
alternative actions (e.g., inspections) and
intervals are allowed unless they are
approved as specified in the provisions of the
‘‘Ref. Publications’’ section of EASA AD
2023–0045.
ddrumheller on DSK120RN23PROD with RULES1
(l) Terminating Action for AD 2010–26–05
Accomplishing the actions required by
paragraph (g) or (i) of this AD terminates the
requirements of paragraph (g)(1) of AD 2010–
26–05, for Dassault Aviation Model
MYSTERE–FALCON 200 airplanes only.
(m) 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
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 (n) of this AD. Information may be
emailed to: 9-AVS-AIR-730-AMOC@faa.gov.
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 EASA; or Dassault
Aviation’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(n) Additional Information
For more information about this AD,
contact Tom Rodriguez, Aviation Safety
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16:25 Nov 03, 2023
Jkt 262001
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; phone 206–231–
3226; email: tom.rodriguez@faa.gov.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) 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 this AD specifies otherwise.
(3) The following service information was
approved for IBR on December 11, 2023.
(i) European Union Aviation Safety Agency
(EASA) AD 2023–0045, dated March 2, 2023;
corrected March 3, 2023.
(ii) [Reserved].
(4) The following service information was
approved for IBR on March 5, 2020 (85 FR
5313, January 30, 2020).
(i) Chapter 5–40–00, Airworthiness
Limitations, Revision 18, dated January 15,
2019, of the Dassault Falcon 200
Maintenance Manual.
(ii) [Reserved]
(5) For EASA AD 2023–0045, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email: ADs@easa.europa.eu; website:
easa.europa.eu. You may find this EASA AD
on the EASA website: ad.easa.europa.eu.
(6) For Dassault Aviation service
information incorporated by reference in this
AD, contact Dassault Falcon Jet Corporation,
Teterboro Airport, P.O. Box 2000, South
Hackensack, NJ 07606; telephone 201–440–
6700; website dassaultfalcon.com.
(7) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th
Street, Des Moines, WA. For information on
the availability of this material at the FAA,
call 206–231–3195.
(8) 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-locationsoremailfr.inspection@nara.gov.
Issued on October 30, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–24403 Filed 11–3–23; 8:45 am]
BILLING CODE 4910–13–P
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
Federal Aviation
Administration (FAA), DOT.
AGENCY:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
ACTION:
Final rule.
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
Ageˆncia Nacional de Aviac¸a˜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:
• 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—Sa˜o Jose´
dos Campos—SP, Brazil; phone: 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 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: jim.rutherford@faa.gov.
SUMMARY:
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Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
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
76113
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.
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.
Discussion of Final Airworthiness
Directive
Differences Between This AD and the
MCAI
Comments
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.
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.
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
Action
Labor cost
Parts cost
Cost per
product
Cost on U.S.
operators
Install software ................................................
8 work-hours × $85 per hour = $680 .............
$50
$730
$133,590
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.
ddrumheller on DSK120RN23PROD with RULES1
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
VerDate Sep<11>2014
16:25 Nov 03, 2023
Jkt 262001
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
List of Subjects in 14 CFR Part 39
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,
PO 00000
Frm 00017
Fmt 4700
(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.
Sfmt 4700
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:
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76114
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations
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.
§ 39.13
[Amended]
2. The FAA amends § 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.
(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.
ddrumheller on DSK120RN23PROD with RULES1
(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.
16:25 Nov 03, 2023
DEPARTMENT OF TRANSPORTATION
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: 9-AVSAIR-730-AMOC@faa.gov. 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.
Federal Aviation Administration
(k) Additional Information
(c) Applicability
This AD applies to Embraer S.A. Model
EMB–505 airplanes, as identified in
paragraph (a) of Ageˆncia Nacional de Aviac
¸a˜o
Civil (ANAC) AD 2023–04–01, effective April
4, 2023 (ANAC AD 2023–04–01), certificated
in any category.
VerDate Sep<11>2014
(j) Alternative Methods of Compliance
(AMOCs)
Jkt 262001
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: jim.rutherford@faa.gov.
(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) Ageˆncia Nacional de Aviac
¸a˜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—Sa˜o
Jose´ dos Campos—SP, Brazil; phone: 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.
(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 fr.inspection@nara.gov.
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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14 CFR Part 39
[Docket No. FAA–2023–1717; Project
Identifier MCAI–2023–00728–A; Amendment
39–22578; AD 2023–21–06]
RIN 2120–AA64
Airworthiness Directives; Embraer S.A.
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Embraer S.A. (Embraer) Model EMB–
505 airplanes. This AD was prompted
by analysis of certain monuments (the
right-hand refreshment center and lefthand forward cabinet) that identified
the need for installing structural
reinforcements and replacing certain
floor support rivets. This AD requires
installing structural reinforcements on
certain monuments and replacing
certain floor support rivets, as specified
in an Ageˆncia Nacional de Aviac¸a˜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–2023–1717; 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:
• For the 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—Sa˜o Jose´
dos Campos—SP, Brazil; phone: 55 (12)
3203–6600; email: pac@anac.gov.br;
SUMMARY:
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
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.
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
