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[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Proposed Rules]
[Pages 8684-8687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01884]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2025-0010; Project Identifier MCAI-2024-00270-T]
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: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2006-20-08, which applies to all Embraer S.A. Model EMB-145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes. AD 2006-20-08 
requires repetitive inspections to detect cracking or failure of the 
rod ends and fittings of the aileron power control actuator (PCA) and 
corrective actions if necessary, and provides an optional terminating 
action. Since the FAA issued AD 2006-20-08, it has been determined that 
there was an error in identifying a maintenance task number. This 
proposed AD would continue to require the actions in AD 2006-20-08 and 
corrects an error in a task number, as specified in an Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is proposed 
for incorporation by reference (IBR). The FAA is proposing this AD to 
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by March 17, 
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-2025-0010; 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 NPRM, 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 proposed 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. It is also available 
at regulations.gov under Docket No. FAA-2025-0010.
     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.

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

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2025-0010; 
Project Identifier MCAI-2024-00270-T'' at the beginning of your 
comments. The most helpful comments reference a specific portion of the 
proposal, 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 proposal 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 NPRM.

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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to 
Hassan Ibrahim,

[[Page 8685]]

Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 206-231-3653; email 
[email protected]. 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 2006-20-08, Amendment 39-14777 (71 FR 58487, 
October 4, 2006) (AD 2006-20-08), for all Embraer Model EMB-145, -
145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. AD 2006-
20-08 was prompted by an MCAI originated by Departmento de Aviacao 
Civil (DAC), which was the aviation authority for Brazil (now known as 
ANAC). DAC issued AD 1999-02-01R6, dated June 21, 2004, to correct an 
unsafe condition.
    AD 2006-20-08 requires repetitive inspections to detect cracking or 
failure/breaking of the rod ends and fittings of the aileron PCA, 
corrective actions if necessary, and provides an optional terminating 
action for the requirements. The FAA issued AD 2006-20-08 to detect and 
correct cracking or breaking of the rod ends and connecting fittings of 
the aileron PCA, which could result in reduced controllability of the 
airplane.

Actions Since AD 2006-20-08 Was Issued

    Since the FAA issued AD 2006-20-08, ANAC superseded AD 1999-02-
01R6, dated June 21, 2004, and issued ANAC AD 1999-02-01R7, effective 
May 6, 2024; corrected October 11, 2024 (ANAC AD 1999-02-01R7) (also 
referred to as the MCAI), to correct an unsafe condition for all 
Embraer S.A. Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and 
-145EP airplanes. The MCAI states that after ANAC AD 1999-02-01R6 was 
issued it was identified that the visual inspection task number 
referenced on requirement (c) of that AD (AMM TASK 27-12-01-212-002-
A00, ``Aileron PCA Rod Ends/Fitting, Lugs for Integrity and General 
Condition'') was incorrect. ANAC AD 1999-02-01R7 was issued to replace 
the task reference to MRB-145/1150 TASK 27-12-01-212-002-A05. For 
airplanes identified in paragraph (c) of ANAC AD 1999-02-01R7, 
accomplishing repetitive inspections as specified in MRB-145/1150 TASK 
27-12-01-212-002-A05 are necessary to address the unsafe condition.
    The FAA is proposing this AD to detect and correct cracking or 
breaking of the rod ends and connecting fittings of the aileron PCA, 
which could result in reduced controllability of the airplane. You may 
examine the MCAI in the AD docket at regulations.gov under Docket No. 
FAA-2025-0010.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2006-20-08, this proposed AD would retain certain 
requirements of AD 2006-20-08. Those requirements are referenced in 
ANAC AD 1999-02-01R7, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Material Incorporated by Reference Under 1 CFR Part 51

    ANAC AD 1999-02-01R7 specifies procedures for repetitive 
inspections to detect cracking and failure of the rod ends and PCA 
fittings of the aileron PCA and corrective actions if necessary, and 
provides an optional terminating action. Corrective actions include 
replacing cracked and failed rod ends and PCA fittings. 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 NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain certain requirements of AD 2006-20-
08. This proposed AD would require accomplishing the actions specified 
in ANAC AD 1999-02-01R7 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed 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, the 
FAA proposes to incorporate ANAC AD 1999-02-01R7 by reference in the 
FAA final rule. This proposed AD would, therefore, require compliance 
with ANAC AD 1999-02-01R7 in its entirety through that incorporation, 
except for any differences identified as exceptions in the regulatory 
text of this proposed AD. Material required by ANAC AD 1999-02-01R7 for 
compliance will be available at regulations.gov under Docket No. FAA-
2025-0010 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 272 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
             Action                    Labor cost          Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2006-20- 1 work-hour x $85    None.............                $85             $23,120
 08.                               per hour = $85.
----------------------------------------------------------------------------------------------------------------

                  Estimated Costs for Optional Actions
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           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
24 work-hours x $85 per hour =              $19,817             $21,857
 $2,040.........................
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[[Page 8686]]

    The FAA estimates the following costs to do any necessary on-
condition action 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 this on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
24 work-hours x $85 per hour =              $19,817             $21,857
 $2,040.........................
------------------------------------------------------------------------

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

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2006-20-08, Amendment 39-14777 
(71 FR 58487, October 4, 2006); and
0
b. Adding the following new AD:

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)): Docket No. FAA-
2025-0010; Project Identifier MCAI-2024-00270-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by March 17, 2025.

(b) Affected ADs

    This AD replaces AD 2006-20-08, Amendment 39-14777 (71 FR 58487, 
October 4, 2006) (AD 2006-20-08).

(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)) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by reports of broken rod ends of the 
aileron power control actuator (PCA) at the aileron or at the wing 
structure connection points and a determination that an incorrect 
task number was published in AD 2006-20-08. The FAA is issuing this 
AD to address cracking or breaking of the rod ends and connecting 
fittings of the aileron PCA. The unsafe condition, if not addressed, 
could result in reduced controllability of the airplane.

(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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC) AD 1999-02-01R7, effective May 6, 2024; corrected 
October 11, 2024 (ANAC AD 1999-02-01R7).

(h) Exceptions to ANAC AD 1999-02-01R7

    (1) Where ANAC AD 1999-02-01R7 refers to ``21 jul. 2004,'' this 
AD requires using November 8, 2006 (the effective date of AD 2006-
20-08).
    (2) This AD does not adopt paragraph (f) of ANAC AD 1999-02-
01R7.
    (3) Where ANAC AD 1999-02-01R7 specifies ``operating days,'' 
this AD requires replacing that text with ``days.''
    (4) Where paragraphs (a)2. and (a)3. of ANAC AD 1999-02-01R7 
specify to replace cracked and failed rod ends and PCA fittings, for 
this AD, all applicable replacements must be done before further 
flight.
    (5) Where paragraph (a) of ANAC AD 1999-02-01R7 does not specify 
an initial compliance time for the repetitive inspections, for this 
AD the initial compliance time for the inspection is at the 
applicable time identified in paragraph (h)(5)(i), (ii), or (iii) of 
this AD.
    (i) For airplanes that have PCAs with part number (P/N) 394900-
1003 or 394900-1005, do the initial inspection within 3 days after 
November 8, 2006.
    (ii) For airplanes that have PCAs with P/N 394900-1007, do the 
initial inspection within 14 days after November 8, 2006.
    (iii) For airplanes that have PCAs with P/Ns 418800-1001, 
418800-1003, 418800-9003, 418800-1005, 418800-9005, 418800-1007, or 
418800-9007; and that have new reinforced PCA fittings installed in 
accordance with paragraph (k) or (l) of AD 2006-20-08 or paragraph 
(b) of ANAC AD 1999-02-01R7, do the initial inspection within 500 
flight hours after November 8, 2006.
    (6) Where paragraph (b) of ANAC AD 1999-02-01R7 specifies to 
accomplish an installation within ``6000 operating cycles,'' for 
this AD, the compliance time is at the applicable time specified in 
paragraph (h)(6)(i) or (ii) of this AD.
    (i) For airplanes with PCAs with P/N 394900-1003, 394900-1005, 
or 394900-1007: At the later of the times in paragraphs (h)(6)(i)(A) 
or (B) of this AD.
    (A) Before the airplane accumulates 6,000 total flight hours.
    (B) Within 3 days or 25 flight hours after November 8, 2006 (the 
effective date of AD 2006-20-08), whichever occurs later.
    (ii) For airplanes with PCAs with P/N 418800-1001, 418800-1003, 
418800-9003,

[[Page 8687]]

418800-1005, 418800-9005, 418800-1007, or 418800-9007: Before the 
airplane accumulates 6,000 total flight cycles or within 600 flight 
cycles after November 8, 2006 (the effective date of AD 2006-20-08), 
whichever occurs later.
    (7) Where paragraph (c) of ANAC AD 1999-02-01R7 specifies to do 
an inspection in accordance with a task, for this AD, inspections 
done before the effective date of this AD using AMM Task 27-12-01-
212-002-A00 or using a method approved by either the Manager, 
International Validation Branch, FAA, or ANAC (or its delegated 
agent) are acceptable methods of compliance. Inspections done on or 
after the effective date of this AD must be done using the task 
identified in paragraph (c) of ANAC AD 1999-02-01R7 or using a 
method approved as specified in paragraph (k)(2) of this AD.
    (8) Where paragraph (c) of ANAC AD 1999-02-01R7 specifies to 
accomplish the initial inspection ``in conjunction with the new PCA 
fittings and reinforcement provisions referred on item (b) above,'' 
this AD requires replacing that text with ``Within 500 flight hours 
after accomplishing the installation and reinforcements provisions 
referred to item (b) above.''
    (9) Where paragraph (c) of ANAC AD 1999-02-01R7 specifies to 
accomplish the inspections ``every 500 flight hours'' this AD 
requires replacing that text with ``at intervals not to exceed 500 
flight hours.''
    (10) Where paragraph (d) of ANAC AD 1999-02-01R7 specifies to 
accomplish the inspections ``every 1000 flight hours'' this AD 
requires replacing that text with ``at intervals not exceeding 1,000 
flight hours.''

(i) Credit for Previous Actions

    This paragraph provides credit for the replacement specified in 
paragraph (a)2. of ANAC AD 1999-02-01R7 and the optional terminating 
actions specified in paragraph (d) of ANAC AD 1999-02-01R7, if those 
actions were performed before the effective date of this AD using 
EMBRAER Service Bulletin 145-27-0061, dated October 19, 1999.

(j) No Return of Parts

    Where the service information identified in ANAC AD 1999-02-01R7 
specifies to send parts to the parts manufacturer, that action is 
not required by this AD.

(k) 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 (l)(1) of this AD and email to: 
[email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2006-20-08 are approved as 
AMOCs for the corresponding provisions of ANAC AD 1999-02-01R7 that 
are required by paragraph (g) of this AD.
    (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.

(l) Additional Information

    (1) 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 
[email protected].
    (2) For EMBRAER material identified in this AD that is not 
incorporated by reference, contact Embraer S.A., Technical 
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brasil; telephone 
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email 
[email protected]; website flyembraer.com.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 1999-02-01R7, effective May 6, 2024; corrected October 11, 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 
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 [email protected].

    Issued on January 23, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2025-01884 Filed 1-30-25; 8:45 am]
BILLING CODE 4910-13-P
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