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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 Agencia Nacional de
Aviacao 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--
Sao 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.
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
|
Action
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Labor cost
|
Parts cost
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Cost per
product
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Cost on
U.S. operators
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| Install software |
8 work-hours x $85 per hour =
$680 |
$50
|
$730
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$133,590
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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:
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.
Sec. 39.13 [Amended]
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
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