2926 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

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. 

(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. 

(3) Required for Compliance (RC): Except 

as specified by paragraph (j)(2) of this AD: 

For material that contains steps that are 

labeled as Required for Compliance (RC), the 

provisions of paragraphs (j)(3)(i) and (ii) of 

this AD apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(k) Additional Information 

For more information about this AD, 

contact Krista Greer, Aviation Safety 

Engineer, FAA, 2200 South 216th Street, Des 

Moines, WA 98198; phone: 206–231–3221; 

email: krista.greer@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. 

(i) Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD 2023–06–01R1, effective June 17, 

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—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. 

(4) 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. 

(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 fr.inspection@nara.gov. 

Issued on January 6, 2025. 

Suzanne Masterson, 

Deputy Director, Integrated Certificate 

Management Division, Aircraft Certification 

Service. 

[FR Doc. 2025–00387 Filed 1–13–25; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–2550; Project 

Identifier MCAI–2024–00345–T; Amendment 

39–22903; AD 2024–25–01] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

(Type Certificate Previously Held by 

Yabora ̃ Indu ́ stria Aerona ́utica S.A.; 

Embraer S.A.) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2023–23– 

09, which applied to all Embraer S.A. 

Model ERJ 190–400 airplanes. AD 2023– 

23–09 required repetitive inspections of 

the press-fitted bushings of the wing 

ailerons for migration and broken 

sealant, measurements of the distance 

between the aileron surfaces and hinge 

fittings, functional checks of the 

backlash of the wing aileron control 

system, and all applicable related 

investigative and corrective actions. 

Since the FAA issued AD 2023–23–09, 

it was determined that certain 

requirements needed to be clarified. 

This AD continues to require all actions 

of ANAC AD 2023–05–02 with revised 

compliance requirements, 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 January 29, 

2025. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of January 29, 2025. 

The FAA must receive comments on 

this AD by February 28, 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–2024–2550; 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 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–2024–2550. 

FOR FURTHER INFORMATION CONTACT: 

Krista Greer, Aviation Safety Engineer, 

FAA, 2200 South 216th Street, Des 

Moines, WA 98198; phone: 206–231– 

3221; email: krista.greer@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– 

2024–2550; Project Identifier MCAI– 

2024–00345–T’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the final 

rule, explain the reason for any 


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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 2927 

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 Krista Greer, Aviation 

Safety Engineer, FAA, 2200 South 216th 

Street, Des Moines, WA 98198; phone: 

206–231–3221; email: krista.greer@

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 

The FAA issued AD 2023–23–09, 

Amendment 39–22611 (88 FR 89286, 

December 27, 2023) (AD 2023–23–09), 

for all Embraer S.A. Model ERJ 190–400 

airplanes. AD 2023–23–09 was 

prompted by an MCAI originated by 

ANAC, which is the aviation authority 

for Brazil. ANAC issued AD 2023–05– 

02R1, dated June 17, 2024 (ANAC AD 

2023–05–02R1), to correct an unsafe 

condition. 

AD 2023–23–09 required repetitive 

inspections of the press-fitted bushings 

of the wing ailerons for migration and 

broken sealant, measurements of the 

distance between the aileron surfaces 

and hinge fittings, functional checks of 

the backlash of the wing aileron control 

system, and all applicable related 

investigative and corrective actions, as 

specified in ANAC AD 2023–05–02, 

effective May 18, 2023, which was 

incorporated by reference in FAA AD 

2023–23–09. The FAA issued AD 2023– 

23–09 to address a limit cycle 

oscillation phenomenon, which could 

expose the surrounding structure and 

systems to unacceptable vibration levels 

and reduce airplane controllability. 

Actions Since AD 2023–23–09 Was 

Issued 

Since the FAA issued AD 2023–23– 

09, ANAC superseded ANAC AD 2023– 

05–02 and issued ANAC AD 2023–05– 

02R1, effective June 17, 2024 (ANAC AD 

2023–05–02R1) (also referred to as the 

MCAI), to correct an unsafe condition 

for all Embraer S.A. Model ERJ 190–400 

airplanes. The MCAI states that the 

compliance paragraph was changed. 

The changes clarify that discrepancies 

found during any inspection must be 

corrected immediately, without any 

additional intervening actions. 

The FAA is issuing this AD to address 

wear on the wing hinge bearing 

assembly of the aileron surfaces that 

could lead to excessive backlash. If not 

addressed, this backlash could result in 

a limit cycle oscillation phenomenon 

exposing the surrounding structure and 

systems to unacceptable vibration levels 

and reducing airplane controllability. 

You may examine the MCAI in the AD 

docket at regulations.gov under Docket 

No. FAA–2024–2550. 

Explanation of Retained Requirements 

Although this AD does not explicitly 

restate the requirements of AD 2023– 

05–02, this AD retains all of the 

requirements of AD 2023–05–02. Those 

requirements are referenced in ANAC 

AD 2023–05–02R1, which, in turn, is 

referenced in paragraph (g) of this AD. 

Material Incorporated by Reference 

Under 1 CFR Part 51 

ANAC AD 2023–05–02R1 specifies 

procedures for repetitive general visual 

inspections of the press-fitted bushings 

of the left-hand (LH) and right-hand 

(RH) wing ailerons for migration and 

broken sealant; repetitive detailed 

inspections to measure the distance 

between the LH and RH wing aileron 

surfaces and hinge fittings; repetitive 

functional checks of the backlash of the 

LH and RH wing aileron control system; 

and applicable related investigative and 

corrective actions. The related 

investigative actions include a detailed 

inspection of the torque values of the 

attachment parts on the LH and RH 

wing aileron surfaces; a general visual 

inspection of the press-fitted bushings 

on the LH and RH aileron surfaces, as 

applicable, for damage (i.e., elongation, 

scratches, and nicks) and rotation or 

migration (i.e., gap between the bushing 

flange and lug, or broken sealant around 

the bushing); a general visual inspection 

of the sliding bushings of the LH and 

RH aileron surfaces, as applicable, for 

damage (i.e., scratches, steps, and dents) 

and migration of the press-fitted 

bushing pair; a detailed inspection to 

measure the outer diameter of the 

sliding bushings; a detailed inspection 

to check the inner diameter of the pressfitted bushings of certain aileron 

fittings; measurement of the outer 

diameters of the mating sliding bushing 

and bolt shank; and an operational 

check of the aileron control system, or 

a rigging procedure and deflection 

check, as applicable. The corrective 

actions include retorquing the nuts and 

installing cotter pins on the bolts and 

nuts of the attachment parts on the LH 

and RH wing aileron surfaces and 

replacing the bearings and press-fitted 

and sliding bushings. 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 AD 2023– 

05–02R1 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 AD 2023–05– 

02R1 is incorporated by reference in this 

AD. This AD requires compliance with 

ANAC AD 2023–05–02R1 in its entirety 

through that incorporation, except for 

any differences identified as exceptions 


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2928 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

in the regulatory text of this AD. 

Material required by ANAC AD 2023– 

05–02R1 for compliance will be 

available at regulations.gov under 

Docket No. FAA–2024–2550 after this 

AD is published. 

FAA’s Justification 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 thirty 

days, upon a finding of good cause. 

There are currently no domestic 

operators of these products. 

Accordingly, notice and opportunity for 

prior public comment are unnecessary, 

pursuant to 5 U.S.C. 553(b). In addition, 

for the foregoing reasons, 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. 

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 

Currently, there are no affected U.S.- 

registered airplanes. For any affected 

airplane that is imported and placed on 

the U.S. Register in the future, the FAA 

provides the following cost estimates to 

comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Up to 8 work-hours × $85 per hour = $680 ............................................................................................................ $0 $680 

The FAA estimates the following 

costs to do any necessary on-condition 

actions that would be required based on 

the results of any required actions. The 

FAA has no way of determining the 

number of aircraft that might need these 

on-condition actions: 

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per 

product 

Up to 22 work-hours × $85 per hour = $1,870 ....................................................................................................... $500 $2,370 

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, 

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: 

■ a. Removing Airworthiness Directive 

(AD) 2023–23–09, Amendment 39– 

22611 (88 FR 89286, December 27, 

2023); and 

■ b. Adding the following new AD: 

2024–25–01 Embraer S.A. (Type Certificate 

Previously Held by Yabora ̃ Indu ́ stria 

Aerona ́utica S.A.; Embraer S.A.): 

Amendment 39–22903; Docket No. 

FAA–2024–2550; Project Identifier 

MCAI–2024–00345–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 29, 2025. 

(b) Affected ADs 

This AD replaces AD 2023–23–09, 

Amendment 39–22611 (88 FR 89286, 

December 27, 2023) (AD 2023–23–09). 

(c) Applicability 

This AD applies to all Embraer S.A. (Type 

Certificate previously held by Yabora ̃

Indu ́ stria Aerona ́utica S.A.; Embraer S.A.) 

Model ERJ 190–400 airplanes, certificated in 

any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 27, Flight Controls. 


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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 2929 

(e) Unsafe Condition 

This AD was prompted by a report of 

unexpected wear on the wing hinge bearing 

assembly of the aileron surfaces found during 

the functional test of the aileron control 

system backlash. The FAA is issuing this AD 

to address wear on the wing hinge bearing 

assembly of the aileron surfaces that could 

lead to excessive backlash. The unsafe 

condition, if not addressed, could result in a 

limit cycle oscillation phenomenon exposing 

the surrounding structure and systems to 

unacceptable vibration levels and reducing 

airplane controllability. 

(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, Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) AD 2023–05–02R1, 

effective June 17, 2024 (ANAC AD 2023–05– 

02R1). 

(h) Exceptions to ANAC AD 2023–05–02R1 

(1) Where ANAC AD 2023–05–02R1 refers 

to its effective date, this AD requires using 

the effective date of this AD. 

(2) This AD requires replacing table 01 of 

ANAC AD 2023–05–02R1 with figure 1 to 

paragraph (h)(2) of this AD; and where 

paragraph (b)(1) of ANAC AD 2023–05–02R1 

specifies ‘‘the applicable intervals and 

limitations established in the ‘Table 01— 

Compliance intervals and limitations’ of this 

AD,’’ this AD requires using figure 1 to 

paragraph (h)(2) of this AD. 

(3) Where paragraph (b)(3) of ANAC AD 

2023–05–02R1 specifies to ‘‘measure de 

distances,’’ this AD requires replacing those 

words with ‘‘measure the distances.’’ 

(4) All applicable related investigative and 

corrective actions specified in paragraphs 

(b)(4)(iii) and (b)(4)(iii)(a) of ANAC AD 2023– 

05–02R1 must be done before the next flight 

after the functional check of the left-hand 

(LH) and right-hand (RH) wing aileron 

control system. 

(5) All applicable related investigative 

actions specified in paragraph (c)(4)(ii) of 

ANAC AD 2023–05–02R1 must be done 

before the next flight after the detailed 

inspection on the LH and RH removed 

aileron surface, as applicable. 

(6) Where paragraph (d) of ANAC AD 

2023–05–02R1 specifies to repeat the 

inspections ‘‘at each 3,000 FH,’’ this AD 

requires replacing that text with ‘‘at intervals 

not to exceed 3,000 FH’’; and where 

paragraph (d) of ANAC 2023–05–02R1 

specifies performing subsequent inspections 

‘‘after 3000 FH,’’ this AD requires replacing 

those words with ‘‘within 3,000 FH.’’ 

(7) Where paragraph (d) of ANAC AD 

2023–05–02R1 specifies to ‘‘Repeat the 

inspections and the actions required by the 

paragraphs (b) and (c) of this AD,’’ this AD 

requires replacing that text with ‘‘Repeat the 

inspections required by paragraph (b) of this 

AD.’’ 

(8) Where paragraph (e) of ANAC AD 

2023–05–02R1 specifies ‘‘since the airplane 

maintenance records clearly identify that the 

actions required by the paragraphs (b) and (c) 

of this AD have been complied with,’’ this 

AD requires replacing that text with ‘‘if the 

airplane maintenance records clearly identify 

that the actions required by paragraphs (b) 

and (c) of this AD, as applicable, have been 

complied with.’’ 

(9) This AD does not adopt paragraph (f) 

of ANAC AD 2023–05–02R1. 

(10) Although the service information 

specified in ANAC AD 2023–05–02R1 

specifies returning certain parts the 

manufacturer, this AD does not include that 

requirement. 

(i) No Reporting Requirement 

Although the material referenced in ANAC 

AD 2023–05–02R1 specifies to submit certain 

information 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. 

(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. 

(3) Required for Compliance (RC): Except 

as specified by paragraph (j)(2) of this AD: 

For material that contains steps that are 


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2930 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

1Public Law 114–74, Sec. 701, 129 Stat. 584, 599. 

2Public Law 101–410, 104 Stat. 890 (codified as 

amended at 28 U.S.C. 2461 note). 

3 28 U.S.C. 2461 note, at (4). The Commission 

made its January 2024 adjustment on January 5, 

2024, in Docket No. RM24–3–000. See Civil 

Monetary Penalty Inflation Adjustments, Order No. 

903, 89 FR 1806 (Jan. 11, 2024), 186 FERC ¶ 61,017 

(2024). 

4 28 U.S.C. 2461 note at (3). 

5 16 U.S.C. 791a et seq. 

6 15 U.S.C. 717 et seq. 

7 15 U.S.C. 3301 et seq. 

8 49 App. U.S.C. 1 et seq. (1988). 

9 28 U.S.C. 2461 note at (5)(b)(1). 

10See, e.g., Memorandum from Shalanda D. 

Young, Office of Management and Budget, 

Implementation of the Penalty Inflation 

Adjustments for 2025, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act Improvements 

Act of 2015 (Dec. 17, 2024). 

11 28 U.S.C. 2461 note at (5)(a). 

12 Id. 

13 Id. at (6). 

labeled as Required for Compliance (RC), the 

provisions of paragraphs (j)(3)(i) and (ii) of 

this AD apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(k) Additional Information 

For more information about this AD, 

contact Krista Greer, Aviation Safety 

Engineer, FAA, 2200 South 216th Street, Des 

Moines, WA 98198; phone: 206–231–3221; 

email: krista.greer@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. 

(i) Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD 2023–05–02R1, effective June 17, 

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—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. 

(4) 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. 

(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 fr.inspection@nara.gov. 

Issued on January 6, 2025. 

Suzanne Masterson, 

Deputy Director, Integrated Certificate 

Management Division, Aircraft Certification 

Service. 

[FR Doc. 2025–00423 Filed 1–13–25; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 250 and 385 

[Docket No. RM25–4–000; Order No. 906] 

Civil Monetary Penalty Inflation 

Adjustments 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Energy 

Regulatory Commission (Commission) is 

issuing a final rule to amend its 

regulations governing the maximum 

civil monetary penalties assessable for 

violations of statutes, rules, and orders 

within the Commission’s jurisdiction. 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended 

most recently by the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, requires the 

Commission to issue this final rule. 

DATES: This final rule is effective 

January 14, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Dinan, Attorney, Office of 

Enforcement, Federal Energy Regulatory 

Commission, 888 First Street NE, 

Washington, DC 20426. Phone: (202) 

502–6214; email: Kevin.Dinan@ferc.gov. 

SUPPLEMENTARY INFORMATION: 1. In this 

final rule, the Federal Energy Regulatory 

Commission (Commission) is complying 

with its statutory obligation to amend 

the civil monetary penalties provided by 

law for matters within the agency’s 

jurisdiction. 

I. Background 

2. The Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (2015 Adjustment Act),1

which further amended the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990 (1990 Adjustment Act),2

required the head of each Federal 

agency to issue a rule by July 2016 

adjusting for inflation each ‘‘civil 

monetary penalty’’ provided by law 

within the agency’s jurisdiction and to 

make further inflation adjustments on 

an annual basis every January 15 

thereafter.3

II. Discussion 

3. The 2015 Adjustment Act defines a 

civil monetary penalty as any penalty, 

fine, or other sanction that: (A)(i) is for 

a specific monetary amount as provided 

by Federal law; or (ii) has a maximum 

amount provided for by Federal law; (B) 

is assessed or enforced by an agency 

pursuant to Federal law; and (C) is 

assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the federal courts.4 This 

definition applies to the maximum civil 

penalties that may be imposed under 

the Federal Power Act (FPA),5 the 

Natural Gas Act (NGA),6 the Natural Gas 

Policy Act of 1978 (NGPA),7 and the 

Interstate Commerce Act (ICA).8

4. Under the 2015 Adjustment Act, 

the first step for such adjustment of a 

civil monetary penalty for inflation 

requires determining the percentage by 

which the U.S. Department of Labor’s 

Consumer Price Index for all-urban 

consumers (CPI–U) for October of the 

preceding year exceeds the CPI–U for 

October of the year before that.9 The 

CPI–U for October 2024 exceeded the 

CPI–U for October 2023 by 2.598 

percent.10

5. The second step requires 

multiplying the CPI–U percentage 

increase by the applicable existing 

maximum civil monetary penalty.11

This step results in a base penalty 

increase amount. 

6. The third step requires rounding 

the base penalty increase amount to the 

nearest dollar and adding that amount 

to the base penalty to calculate the new 

adjusted maximum civil monetary 

penalty.12

7. Under the 2015 Adjustment Act, an 

agency is directed to use the maximum 

civil monetary penalty applicable at the 

time of assessment of a civil penalty, 

regardless of the date on which the 

violation occurred.13

8. The adjustments that the 

Commission is required to make 


khammond on DSK9W7S144PROD with RULES