AD 2023-21-04

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.

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—São José 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.

Jim Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329-4165; email: jim.rutherford@faa.gov.

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.

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

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.

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.

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 estimates that this AD affects 183 airplanes of U.S. registry.

The FAA estimates the following costs to comply with this AD:

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.

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.

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.

Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

2. The FAA amends § 39.13 by adding the following new airworthiness directive: