Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91541 

(2) Include in the airworthiness 

limitations section (ALS), any 

mandatory inspections and 

serviceability limits related to the use of 

the 30-minute AEO rating. 

(c) Section 33.87, Endurance Test. In 

addition to the requirements of 

§§ 33.87(a) and 33.87(d), the overall test 

run must include a minimum of 25 

hours of operation at 30-minute AEO 

power and limits, divided into periods 

of 30-minutes AEO power with alternate 

periods at maximum continuous power 

or less. 

(1) Modification of the § 33.87 test 

requirements to include the 25 hours of 

operation at 30-minute AEO power 

rating must be proposed by the 

Applicant and accepted by the FAA. 

(2) Each § 33.87(d) continuous oneengine-inoperative (OEI) rating test 

period of 30-minutes or longer, run at 

power and limits equal to or higher than 

the 30-minutes AEO rating, may be 

credited toward this requirement. Note 

that the test time required for the takeoff 

or other OEI ratings may not be counted 

toward the 25 hours of operation 

required at the 30-minute AEO rating. 

Issued in Seattle, Washington, on 

November 13, 2024. 

Paul R. Siegmund, 

Acting Manager, Technical Policy Branch, 

Policy and Standards Division, Aircraft 

Certification Service. 

[FR Doc. 2024–27041 Filed 11–19–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–2426; Project 

Identifier MCAI–2024–00625–T; Amendment 

39–22886; AD 2024–23–07] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Embraer S.A. Model EMB–545 and 

EMB–550 airplanes. This AD was 

prompted by reports of corrosion, 

damage, and rupture on the down lock 

spring assemblies of the main landing 

gear (MLG) and nose landing gear 

(NLG). This AD requires inspecting for 

affected MLG and NLG down lock 

springs and replacing affected down 

lock springs, and prohibits the 

installation of affected parts, as 

specified in an Ageˆncia Nacional de 

Aviac ̧a ̃o 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 November 

20, 2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of November 20, 2024. 

The FAA must receive comments on 

this AD by January 6, 2025. 

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 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2024–2426; 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 street address for 

Docket Operations is listed above. 

Material Incorporated by Reference: 

• 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—Sa ̃o Jose ́

dos Campos—SP, Brazil; telephone 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, 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–2024–2426. 

FOR FURTHER INFORMATION CONTACT: 

Hassan Ibrahim, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; 

telephone 206–231–3653; email 

Hassan.M.Ibrahim@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2024–2426; Project Identifier MCAI– 

2024–00625–T’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the final 

rule, 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 final rule 

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 final rule. 

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 AD 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 AD, 

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 AD. Submissions containing CBI 

should be sent to Hassan Ibrahim, 

Aviation Safety Engineer, FAA, 1600 

Stewart Avenue, Suite 410, Westbury, 

NY 11590; telephone 206–231–3653; 

email Hassan.M.Ibrahim@faa.gov. 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 

Emergency AD 2024–10–02, effective 

October 21, 2024 (ANAC Emergency AD 


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91542 Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 

2024–10–02) (also referred to as the 

MCAI), to correct an unsafe condition 

for certain Model Embraer S.A. Model 

EMB–545 and EMB–550 airplanes. The 

MCAI states that corrosion, damage, and 

rupture have been found on down lock 

spring assemblies of the MLG and NLG, 

which, under specific load conditions 

on the ground, may compromise the 

locking and holding of the MLG and 

NLG in their correct kinematics 

positions. Failure of these down lock 

springs could cause a non-annunciated 

loss of down locking capability, which 

may collapse the MLG and the NLG 

structure during takeoff or landing. 

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–2024–2426. 

Material Incorporated by Reference 

Under 1 CFR Part 51 

ANAC Emergency AD 2024–10–02 

specifies procedures for a general visual 

inspection for affected MLG and NLG 

down lock springs, and replacement of 

affected down lock springs. ANAC 

Emergency AD 2024–10–02 also 

prohibits the installation of affected 

down lock springs. 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. 

FAA’s Determination 

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 

is issuing this AD after determining that 

the unsafe condition described 

previously is likely to exist or develop 

on other products of the same type 

design. 

Requirements of This AD 

This AD requires accomplishing the 

actions specified in ANAC Emergency 

AD 2024–10–02 described previously, 

except for any differences identified as 

exceptions in the regulatory text of this 

AD. 

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, ANAC Emergency 

AD 2024–10–02 is incorporated by 

reference in this AD. This AD requires 

compliance with ANAC Emergency AD 

2024–10–02 in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this AD. Material 

required by ANAC Emergency AD 

2024–10–02 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2024–2426 after this 

AD is published. 

Interim Action 

The FAA considers that this AD is an 

interim action. If final action is later 

identified, the FAA might consider 

further rulemaking then. 

Justification for Immediate Adoption 

and Determination of the Effective Date 

Section 553(b) of the Administrative 

Procedure Act (APA) (5 U.S.C. 551 et 

seq.) authorizes agencies to dispense 

with notice and comment procedures 

for rules when the agency, for ‘‘good 

cause,’’ finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under this 

section, an agency, upon finding good 

cause, may issue a final rule without 

providing notice and seeking comment 

prior to issuance. Further, section 

553(d) of the APA authorizes agencies to 

make rules effective in less than 30 

days, upon a finding of good cause. 

An unsafe condition exists that 

requires the immediate adoption of this 

AD without providing an opportunity 

for public comments prior to adoption. 

The FAA has found that the risk to the 

flying public justifies forgoing notice 

and comment prior to adoption of this 

rule because failure of the MLG and 

NLG down lock spring assemblies could 

cause a non-annunciated loss of down 

locking capability, which may collapse 

the MLG and the NLG structure during 

takeoff or landing. The compliance time 

in this AD is shorter than the time 

necessary for the public to comment and 

for publication of the final rule. 

Accordingly, notice and opportunity for 

prior public comment are impracticable 

and contrary to the public interest 

pursuant to 5 U.S.C. 553(b). 

In addition, the FAA finds that good 

cause exists pursuant to 5 U.S.C. 553(d) 

for making this amendment effective in 

less than 30 days, for the same reasons 

the FAA found good cause to forgo 

notice and comment. 

Regulatory Flexibility Act (RFA) 

The requirements of the RFA do not 

apply when an agency finds good cause 

pursuant to 5 U.S.C. 553 to adopt a rule 

without prior notice and comment. 

Because the FAA has determined that it 

has good cause to adopt this rule 

without notice and comment, RFA 

analysis is not required. 

Costs of Compliance 

The FAA estimates that this AD 

affects 55 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 

Up to 17 work-hours × $85 per hour = $1,445 .......................................................... Up to $4,379 ....... Up to $5,824 ....... Up to $320,320. 

According to the manufacturer, some 

or all of the costs of this AD may be 

covered under warranty, thereby 

reducing the cost impact on affected 

individuals. The FAA does not control 

warranty coverage for affected 

individuals. As a result, the FAA has 

included all known costs in the cost 

estimate. 

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 


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Federal Register / Vol. 89, No. 224 / Wednesday, November 20, 2024 / Rules and Regulations 91543 

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, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2024–23–07 Embraer S.A.: Amendment 39– 

22886; Docket No. FAA–2024–2426; 

Project Identifier MCAI–2024–00625–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective November 20, 2024. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to Embraer S.A. Model 

EMB–545 and EMB–550 airplanes, 

certificated in any category, as identified in 

Ageˆncia Nacional de Aviac ̧a ̃o Civil (ANAC) 

Emergency AD 2024–10–02, effective October 

21, 2024 (ANAC Emergency AD 2024–10– 

02). 

(d) Subject 

Air Transport Association (ATA) of 

America Code 32, Landing gear. 

(e) Unsafe Condition 

This AD was prompted by reports of 

corrosion, damage, and rupture on the down 

lock spring assemblies of the main landing 

gear (MLG) and nose landing gear (NLG), 

which, under specific load conditions on the 

ground, may compromise the locking and 

holding of the MLG and NLG in their correct 

kinematics positions. The FAA is issuing this 

AD to prevent failure of these down lock 

springs, which could cause a nonannunciated loss of down locking capability 

and result in collapse of the MLG and the 

NLG structure during takeoff or landing. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

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 Emergency 

AD 2024–10–02. 

(h) Exceptions to ANAC Emergency AD 

2024–10–02 

(1) Where ANAC Emergency AD 2024–10– 

02 refers to its effective date, this AD requires 

using the effective date of this AD. 

(2) Where Note 1 of ANAC Emergency AD 

2024–10–02 defines a non-affected part 1 as 

‘‘an airworthy part according to the 

applicable requirements and is not an 

affected part according to the (a)(1) paragraph 

of this EAD,’’ for this AD replace that text 

with ‘‘an airworthy part that is not an 

affected part according to paragraph (a)(1) of 

this EAD.’’ 

(3) Where Note 2 of ANAC Emergency AD 

2024–10–02 defines a non-affected part 2 as 

‘‘an airworthy part according to the 

applicable requirements and is not an 

affected part according to the (a)(2) paragraph 

of this EAD,’’ for this AD replace that text 

with ‘‘an airworthy part that is not an 

affected part according to paragraph (a)(2) of 

this EAD.’’ 

(4) This AD does not adopt paragraph (g) 

of ANAC Emergency AD 2024–10–02. 

(i) Returning Parts Not Required 

Although the material referenced in ANAC 

Emergency AD 2024–10–02 specifies to send 

removed parts to the manufacturer, this AD 

does not include that requirement. 

(j) 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, send it to the attention of the person 

identified in paragraph (k) of this AD and 

email to: AMOC@faa.gov. 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. 

(k) Additional Information 

For more information about this AD, 

contact Hassan Ibrahim, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, Suite 

410, Westbury, NY 11590; telephone 206– 

231–3653; email Hassan.M.Ibrahim@faa.gov. 

(l) 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. 

(3) The following material was approved 

for IBR on November 20, 2024. 

(i) Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) Emergency AD 2024–10–02, 

effective October 21, 2024. 

(ii) [Reserved] 

(4) 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—Sa ̃o 

Jose ́ dos Campos—SP, Brazil; telephone 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. 

(5) 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. 

(6) 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 fr.inspection@nara.gov. 

Issued on November 12, 2024. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2024–27254 Filed 11–18–24; 11:15 am] 

BILLING CODE 4910–13–P 


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