8868 Federal Register / Vol. 90, No. 22 / Tuesday, February 4, 2025 / Rules and Regulations 

(i) European Union Aviation Safety Agency 

(EASA) AD 2024–0089, dated April 15, 2024. 

(ii) [Reserved] 

(3) For EASA material identified in this 

AD, contact EASA, Konrad-Adenauer-Ufer 3, 

50668 Cologne, Germany; telephone +49 221 

8999 000; email ADs@easa.europa.eu; 

website easa.europa.eu. You may find this 

material on the EASA website at 

ad.easa.europa.eu. 

(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 December 31, 2024. 

John P. Piccola, Jr., 

Director, Integrated Certificate Management 

Division, Aircraft Certification Service. 

[FR Doc. 2025–02148 Filed 2–3–25; 8:45 am] 

BILLING CODE 4910–13–P 

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 

Yabora ̃ Indu ́ stria Aerona ́utica S.A.; 

Embraer S.A.; Empresa Brasileira de 

Aerona ́utica S.A. (EMBRAER)) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

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 Ageˆncia Nacional de 

Aviac ̧a ̃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: 

• 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–2024–2133. 

FOR FURTHER INFORMATION CONTACT: 

Hassan Ibrahim, Aviation Safety 

Engineer, FAA, 1600 Stewart Avenue, 

Suite 410, Westbury, NY 11590; phone: 

206–231–3653; email: 

Hassan.M.Ibrahim@faa.gov. 

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 inservice 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 


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Federal Register / Vol. 90, No. 22 / Tuesday, February 4, 2025 / Rules and Regulations 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 × $85 per hour = $340 per inspection 

cycle.

$0 $340 per inspection cycle ............... $105,060 per inspection 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 

■ 1. The authority citation for part 39 

continues to read as follows: 

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


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8870 Federal Register / Vol. 90, No. 22 / Tuesday, February 4, 2025 / Rules and Regulations 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2024–26–07 Embraer S.A. (Type Certificate 

Previously Held by Yabora ̃ Indu ́ stria 

Aerona ́utica S.A.; Embraer S.A.; 

Empresa Brasileira de Aerona ́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 Yabora ̃

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

Empresa Brasileira de Aerona ́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, Ageˆncia Nacional de 

Aviac ̧a ̃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: 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. 

(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: Hassan.M.Ibrahim@faa.gov. 

(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) Ageˆncia Nacional de Aviac ̧a ̃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—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 

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 fr.inspection@nara.gov. 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2024–1299; Project 

Identifier MCAI–2023–00237–A; Amendment 

39–22925; AD 2025–01–01] 

RIN 2120–AA64 

Airworthiness Directives; BrittenNorman Aerospace Ltd. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

Britten-Norman Aerospace Ltd. Model 

BN–2, BN–2A, BN–2A–2, BN–2A–3, 

BN–2A–6, BN–2A–8, BN–2A–9, BN– 

2A–20, BN–2A–21, BN–2A–26, BN–2A– 

27, BN–2B–20, BN–2B–21, BN–2B–26, 

BN–2B–27, BN–2T, BN2T–4R, and 

BN2T–4S airplanes; and certain Model 

BN2A MK. III, BN2A MK. III–2, and 

BN2A MK. III–3 airplanes. This AD was 

prompted by the determination that, in 

order to ensure the continued structural 

integrity of certain landing gear and 

associated components, it is necessary 

to require removal of these components 

from service prior to exceeding 

established fatigue lives. This AD 


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