[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54941-54944]
[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:<PHONE_NUMBER>.
     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-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<EMAIL_ADDRESS>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<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone:<PHONE_NUMBER>; 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

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
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                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
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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:<PHONE_NUMBER>; 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 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:
<EMAIL_ADDRESS>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<PHONE_NUMBER>.
    (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]
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