[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54941-54944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16989]


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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]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Embraer S.A. (Embraer) Model EMB-505 airplanes. This 
proposed AD was prompted by occurrences of an uncommanded change in the 
setting of the barometric pressure in both primary flight displays 
(PFDs). This proposed AD would require 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 proposed 
for incorporation by reference (IBR). The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this NPRM by September 28, 
2023.

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

[[Page 54942]]

p.m., Monday through Friday, except Federal holidays.
    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 NPRM, 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 service information that is proposed for IBR in 
this NPRM, 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. It is also available at regulations.gov under 
Docket No. FAA-2023-1708. You may view this service information 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.

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].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-1708; Project Identifier 
MCAI-2023-00554-A'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to Jim 
Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590. 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 2023-04-01, effective April 4, 2023 (ANAC AD 2023-04-01) (referred 
to after this 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. The FAA is proposing 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.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2023-04-01 specifies procedures for installing Garmin G3000 
avionics system software updates.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

FAA's Determination

    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 described above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in ANAC AD 2023-04-01 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD and 
except as discussed under ``Differences Between this Proposed AD and 
the MCAI.''

Differences Between This Proposed 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 proposed AD would 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 would not require 
compliance with paragraphs (c) through (e) of ANAC AD 2023-04-01.

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, the 
FAA proposes to

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incorporate ANAC AD 2023-04-01 by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with ANAC AD 2023-04-
01 in its entirety through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. Service information required by ANAC AD 2023-04-01 for 
compliance will be available at regulations.gov under Docket No. FAA-
2023-1708 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 183 airplanes of U.S. registry.
    The FAA estimates the following costs to comply with this proposed 
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.
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    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, all 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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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:

Embraer S.A.: Docket No. FAA-2023-1708; Project Identifier MCAI-
2023-00554-A.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by September 28, 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].

[[Page 54944]]

(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 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 service information 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 service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on August 3, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-16989 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P