Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.; Empresa Brasileira de Aeronáutica S.A. (EMBRAER)) Airplanes

[Federal Register Volume 90, Number 22 (Tuesday, February 4, 2025)]
[Rules and Regulations]
[Pages 8868-8870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02144]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2024-2133; Project Identifier MCAI-2024-00243-T; 
Amendment 39-22922; AD 2024-26-07]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. (Type Certificate 
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
S.A.; Embraer S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. 
(EMBRAER)) 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 all 
Embraer S.A. Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and 
Model EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, and -145XR 
airplanes. This AD was prompted by a structural assessment that 
indicated certain central fuselage longitudinal splices are subjected 
to fatigue damage on multiple sites due to loose fasteners, which may 
reduce the structural residual strength below the required levels. This 
AD requires performing repetitive inspections of certain upper central 
fuselage longitudinal splices and reporting the inspection results, as 
specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(ANAC) AD, which is incorporated by reference. This AD also requires 
performing corrective actions if necessary. The FAA is issuing this AD 
to address the unsafe condition on these products.

DATES: This AD is effective March 11, 2025.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 11, 
2025.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2024-2133; 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:
    <bullet> For ANAC material identified in this AD, contact National 
Civil Aviation Agency (ANAC), Aeronautical Products Certification 
Branch (GGCP), Rua Dr. 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; telephone 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.
    <bullet> You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available at regulations.gov under 
Docket No. FAA-2024-2133.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 206-231-3653; email: [email protected].

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 all Embraer S.A. Model 
EMB-135ER, -135KE, -135KL, and -135LR airplanes; and Model EMB-145, -
145EP, -145ER, -145LR, -145MP, -145MR, and -145XR airplanes. The NPRM 
published in the Federal Register on August 28, 2024 (89 FR 68840). The 
NPRM was prompted by AD 2024-04-03R01, effective May 31, 2024, issued 
by ANAC, which is the aviation authority for Brazil (ANAC AD 2024-04-
03R01) (also referred to as the MCAI). The MCAI states that a 
structural assessment indicated that certain central fuselage 
longitudinal splices are subjected to fatigue damage on multiple sites 
due to working (i.e., loose) fasteners, which could reduce structural 
residual strength below the required levels. This fatigue damage may be 
undetected by current maintenance tasks and could result in reduced 
structural integrity of the airplane.
    In the NPRM, the FAA proposed to require performing repetitive 
inspections of certain upper central fuselage longitudinal splices and 
reporting the inspection results, as specified in ANAC AD 2024-04-
03R01. The NPRM also proposed to require performing corrective actions 
if necessary. The FAA is issuing this AD to address the unsafe 
condition on these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2024-2133.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from Embraer. The following presents the 
comment received on the NPRM and the FAA's response.

Request for Withdrawing the Proposed AD

    Embraer requested the FAA withdraw the proposed AD. The commenter 
stated the proposed AD is based on the occurrence of nonconforming 
(loose, failed or missing) rivets detected in tests that exceeded 
applicable regulatory requirements, and there has been no in-service 
occurrence to prompt the structural assessment used to justify the 
proposed AD. The commenter stated that the maintenance plan for Model 
EMB-145 airplanes includes inspection tasks that allow for timely 
detection of nonconforming rivets. The commenter stated analysis 
related to working rivets show that the probability of failure of a 
rivet of fuselage longitudinal splices under operational conditions is 
less than one percent at 60,000 flight cycles. Embraer added that, 
assuming the additional inspections are necessary, the proposed 
inspection times are overly conservative. The commenter added that a 
significant reduction in the structural residual strength requires the

[[Page 8869]]

undetected failure of many rivets close to each other over a large 
area, which is improbable. The commenter concluded that the proposed AD 
creates an unnecessary burden for operators.
    The FAA disagrees with the request. ANAC, as the state of design 
authority, has determined an unsafe condition exists and is likely to 
persist based on the data provided. ANAC reviewed current maintenance 
tasks and stated they are not adequate to address the unsafe condition. 
The FAA contacted ANAC, who stated an analysis was unable to establish 
the exact cause of failure; therefore, a conservative course of action 
is required. The FAA concurs with ANAC's determination. If ANAC later 
withdraws their AD due to concluding existing inspections are 
sufficient, the FAA may consider further rulemaking.

Additional Changes Made to This AD

    The FAA revised paragraph (h)(3) of this AD to clarify that any 
discrepancy (including cracking) that is detected must be repaired. In 
the NPRM, the FAA inadvertently said that if cracking is found, the 
discrepancy (including cracking) must be repaired.

Conclusion

    This product has been approved by the aviation authority of another 
country and is 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, considered the 
comment received, and determined that air safety requires adopting this 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. Except for minor editorial changes, 
this AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Material Incorporated by Reference Under 1 CFR Part 51

    ANAC AD 2024-04-03R01 specifies an initial and repetitive external 
detailed inspections of the upper central fuselage II, III, and IV 
longitudinal splices to identify loose fasteners, contacting the 
manufacturer if any discrepancy is found, and reporting the inspection 
results. Discrepancies include loose fasteners, missing rivets, and any 
crack, crease, bend, nick, scratch, gouge, dent, abrasion, or 
structural deformation found in the skin attachments or fasteners. 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 the ADDRESSES section.

Costs of Compliance

    The FAA estimates this AD affects 309 airplanes of U.S. registry. 
The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                Labor cost                  Parts cost        Cost per product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
4 work-hours x $85 per hour = $340 per              $0  $340 per inspection cycle..  $105,060 per inspection
 inspection cycle.                                                                    cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the corrective actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to a penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a currently valid OMB Control Number. The OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

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

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

[[Page 8870]]

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2024-26-07 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. (EMBRAER)): 
Amendment 39-22922; Docket No. FAA-2024-2133; Project Identifier 
MCAI-2024-00243-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 11, 2025.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Embraer S.A. (Type Certificate previously 
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; 
Embraer S.A.; Empresa Brasileira de Aeron[aacute]utica S.A. 
(EMBRAER)) airplanes specified in paragraphs (c)(1) and (2) of this 
AD, certificated in any category.
    (1) Model EMB-135ER, -135KE, -135KL, and -135LR airplanes.
    (2) Model EMB-145, -145EP, -145ER, -145LR, -145MP, -145MR, and -
145XR airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a structural assessment that indicated 
certain central fuselage longitudinal splices are subjected to 
fatigue damage on multiple sites due to loose fasteners, which may 
reduce the structural residual strength below the required levels. 
The FAA is issuing this AD to address undetected fatigue damage on 
certain central fuselage longitudinal splices. The unsafe condition, 
if not addressed, could result in reduced structural integrity of 
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD 2024-04-03R01, effective May 31, 2024 (ANAC AD 2024-
04-03R01).

(h) Exceptions to ANAC AD 2024-04-03R01

    (1) Where ANAC AD 2024-04-03R01 refers to its effective date, 
this AD requires using the effective date of this AD.
    (2) Where paragraphs (b)(1) and (2) of ANAC AD 2024-04-03R01 
specify the initial compliance time for the external detailed 
inspection, for this AD, the initial compliance time for doing the 
external detailed inspection is prior to the accumulation of 44,000 
total flight cycles, or within 500 flight cycles after the effective 
date of this AD, whichever occurs later.
    (3) Where paragraph (b)(3) of ANAC AD 2024-04-03R01 specifies 
``If any discrepancies are found, contact Embraer,'' this AD 
requires replacing that text with ``If any discrepancy (including 
cracking) is detected during an inspection required by paragraph (g) 
of this AD, repair the discrepancy (including cracking) before 
further flight using a method approved by the Manager, International 
Validation Branch, FAA; or ANAC; or Embraer's ANAC Design 
Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.''
    (4) Paragraph (d) of ANAC AD 2024-04-03R01 specifies to report 
inspection results to ANAC and Embraer within a certain compliance 
time. For this AD, report inspection results after each inspection 
required by paragraph (g) of this AD at the applicable times 
specified in paragraph (h)(4)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (5) This AD does not adopt paragraph (e) of ANAC AD 2024-04-
03R01.

(i) 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 (j) of this AD. Information may be emailed to: 
[email protected]. 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 ANAC; or ANAC's authorized Designee. If 
approved by the ANAC Designee, the approval must include the 
Designee's authorized signature.

(j) Additional Information

    For more information about this AD, contact Hassan Ibrahim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3653; email: 
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the material listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this material as applicable to do the actions 
required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2024-04-03R01, effective May 31, 2024.
    (ii) [Reserved]
    (3) For ANAC material identified in this AD, contact ANAC, 
Aeronautical Products Certification Branch (GGCP), Rua Dr. 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; telephone 55 (12) 3203-6600; 
email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this 
ANAC AD 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, 2200 South 216th 
Street, Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (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 January 6, 2025.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2025-02144 Filed 2-3-25; 8:45 am]
BILLING CODE 4910-13-P

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