This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

9129 

Vol. 90, No. 25 

Friday, February 7, 2025 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2025–0022; Project 

Identifier MCAI–2023–00910–T] 

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: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

2020–12–12, which applies to all 

Embraer S.A. Model ERJ 170 airplanes 

and Model ERJ 190–100 STD, –100 LR, 

–100 ECJ, –100 IGW, –200 STD, –200 

LR, and –200 IGW airplanes. AD 2020– 

12–12 requires repetitive detailed 

inspections for cracking of the engine 

inboard and outboard engine pylon 

lower link lugs, and repair if necessary. 

Since the FAA issued AD 2020–12–12, 

it was determined that certain 

compliance times must be reduced. This 

proposed AD would continue to require 

the actions in AD 2020–12–12, with 

revised compliance times, as specified 

in an Ageˆncia Nacional de Aviac ̧a ̃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 24, 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–2025–0022; 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 the 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—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. It is also available at 

regulations.gov under Docket No. FAA– 

2025–0022. 

• 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: 

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 relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2025–0022; Project Identifier 

MCAI–2023–00910–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 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 2020–12–12, 

Amendment 39–19921 (85 FR 41175, 

July 9, 2020) (AD 2020–12–12), for all 

Embraer S.A. Model ERJ 170–100 LR, 

–100 STD, –100 SE, and –100 SU 

airplanes; Model ERJ 170–200 LR, –200 

SU, –200 STD, and –200 LL airplanes; 

and Model ERJ 190–100 STD, –100 LR, 

–100 ECJ, –100 IGW, –200 STD, –200 

LR, and –200 IGW airplanes. AD 2020– 

12–12 was prompted by an MCAI 

originated by ANAC, which is the 

aviation authority for Brazil. ANAC 

issued AD 2020–01–02, effective 

January 28, 2020, to correct an unsafe 

condition. 

AD 2020–12–12 requires repetitive 

detailed inspections for cracking of the 


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engine inboard and outboard engine 

pylon lower link lugs, and repair if 

necessary. The FAA issued AD 2020– 

12–12 to address cracking of the engine 

pylon lower link lugs, which could 

cause the loss of engine pylon integrity, 

and could result in engine separation 

from the wing, loss of airplane 

controllability, and possible injury to 

persons on the ground. 

Actions Since AD 2020–01–02 Was 

Issued 

Since the FAA issued AD 2020–12– 

12, ANAC superseded AD 2020–01–02, 

effective January 28, 2020, and issued 

ANAC AD 2020–01–02R3, effective 

October 17, 2024; corrected October 15, 

2024 (AD 2020–01–02R3) (also referred 

to as the MCAI), to correct an unsafe 

condition for certain Embraer S.A. 

Model ERJ 170–100 LR, –100 SE, –100 

STD, and –100 SU airplanes; and Model 

ERJ 170–200 LL, –200 LR, –200 STD, 

and –200 SU airplanes; and Model ERJ 

190–100 STD, –100 LR, –100 ECJ, –100 

IGW, –190 SR, –200 STD, –200 LR, and 

–200 IGW airplanes. Model ERJ 190–100 

SR airplanes are not certified by the 

FAA and are not included on the U.S. 

type certificate data sheet; therefore, this 

proposed AD does not include those 

airplanes in the applicability. 

The MCAI states that optional 

terminating actions to the repetitive 

inspections have been included. ANAC 

AD 2020–01–02R2, effective July 26, 

2023, stated the compliance intervals 

were reduced. 

The FAA is proposing this AD to 

address cracks on the left-hand (LH) and 

right-hand (RH) sides of engine pylon 

inboard lower link lugs, which could 

cause the loss of engine pylon integrity. 

The loss of integrity of the engine pylon 

could result in engine separation from 

the wing affecting the airplane 

controllability, causing injury to persons 

on ground. You may examine the MCAI 

in the AD docket at regulations.gov 

under Docket No. FAA–2025–0022. 

Explanation of Retained Requirements 

Although this proposed AD does not 

explicitly restate the requirements of AD 

2020–12–12, this proposed AD would 

retain all of the requirements of AD 

2020–12–12, at revised compliance 

times. Those requirements are 

referenced in ANAC AD 2020–01–02R3, 

which, in turn, is referenced in 

paragraph (g) of this proposed AD. 

Material Incorporated by Reference 

Under 1 CFR Part 51 

ANAC AD 2020–01–02R3 specifies 

procedures for repetitive detailed 

inspections, special detailed 

inspections, and repair, as applicable, of 

the LH and RH engine inboard and 

outboard pylon lower link lugs. ANAC 

AD 2020–01–02R3 also includes an 

optional terminating action for the 

repetitive inspections, which consists of 

revising the maintenance or inspection 

program, as applicable, to incorporate 

airworthiness limitations for pylon 

lower link 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 all 

requirements of AD 2020–12–12, at 

revised compliance times. This 

proposed AD would require 

accomplishing the actions specified in 

ANAC AD 2020–01–02R3 described 

previously. 

This proposed AD would allow 

optional terminating action to revise 

certain operator maintenance 

documents to include new actions (e.g., 

inspections) and Critical Design 

Configuration Control Limitations 

(CDCCLs). Compliance with these 

actions and CDCCLs is required by 14 

CFR 91.403(c). For airplanes that have 

been previously modified, altered, or 

repaired in the areas addressed by this 

proposed AD, the operator may not be 

able to accomplish the actions described 

in the revisions. In this situation, to 

comply with 14 CFR 91.403(c), the 

operator must request approval for an 

alternative method of compliance 

(AMOC) according to paragraph (k)(1) of 

this proposed AD. 

Explanation of Change to 

Manufacturer’s Name Specified in This 

NPRM 

The FAA has revised references to the 

manufacturer’s name specified 

throughout this NPRM to identify the 

manufacturer name as published in the 

most recent type certificate data sheet 

for the affected models. 

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 2020–01–02R3 

by reference in the FAA final rule. This 

proposed AD would, therefore, require 

compliance with ANAC AD 2020–01– 

02R3 in its entirety through that 

incorporation, except for any differences 

identified as exceptions in the 

regulatory text of this proposed AD. 

Service information required by ANAC 

AD 2020–01–02R3 for compliance will 

be available at regulations.gov under 

Docket No. FAA–2025–0022 after the 

FAA final rule is published. 

Costs of Compliance 

The FAA estimates that this AD, if 

adopted as proposed, would affect 659 

airplanes of U.S. registry. The FAA 

estimates the following costs to comply 

with this proposed AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspections .......................................................... 3 work-hour × $85 per hour = $255 ................... $0 $255 $168,045 

The FAA has received no definitive 

data that would enable the agency to 

provide cost estimates for the oncondition repair specified in this 

proposed AD. 

For the optional terminating action, 

the FAA has determined that revising 

the existing maintenance or inspection 


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program takes an average of 90 workhours per operator, although the agency 

recognizes that this number may vary 

from operator to operator. Since 

operators incorporate maintenance or 

inspection program changes for their 

affected fleet(s), the FAA has 

determined that a per-operator estimate 

is more accurate than a per-airplane 

estimate. Therefore, if the optional 

terminating action is done, the agency 

estimates the average total cost per 

operator would be $7,650 (90 workhours × $85 per work-hour). 

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 

■ 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) 2020–12–12, Amendment 39– 

19921 (85 FR 41175, July 9, 2020); and 

■ b. Adding the following new AD: 

Embraer S.A. (Type Certificate Previously 

Held by Yabora ̃ Indu ́ stria Aerona ́utica 

S.A.; Embraer S.A.): Docket No. FAA– 

2025–0022; Project Identifier MCAI– 

2023–00910–T. 

(a) Comments Due Date 

The FAA must receive comments on this 

airworthiness directive (AD) by March 24, 

2025. 

(b) Affected ADs 

This AD replaces AD 2020–12–12, 

Amendment 39–19921 (85 FR 41175, July 9, 

2020). 

(c) Applicability 

This AD applies to Embraer S.A. (Type 

Certificate Previously Held by Yabora ̃

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

airplanes, certificated in any category, 

identified in paragraphs (c)(1) and (2) of this 

AD, as identified in Ageˆncia Nacional de 

Aviac ̧a ̃o Civil (ANAC) AD 2020–01–02R3, 

effective October 17, 2024; corrected October 

15, 2024 (ANAC AD 2020–01–02R3). 

(1) Model ERJ 170–100 LR, –100 STD, –100 

SE, –100 SU, –200 LR, –200 SU, –200 STD, 

and –200 LL airplanes. 

(2) Model ERJ 190–100 STD, –100 LR, –100 

ECJ, –100 IGW, –200 STD, –200 LR, and –200 

IGW airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 54, Nacelles/Pylons. 

(e) Unsafe Condition 

This AD was prompted by reports of 

cracking on the left-hand (LH) and right-hand 

(RH) sides of engine pylon inboard lower link 

lugs, and by the determination that certain 

compliance times in AD 2020–12–12 must be 

reduced and the inboard lower link lugs must 

be replaced with new titanium lugs on 

certain airplanes. The FAA is issuing this AD 

to address cracks on the LH and RH sides of 

engine pylon inboard lower link lugs. The 

unsafe condition, if not addressed, could 

cause the loss of engine pylon integrity, 

which could result in engine separation from 

the wing, loss of airplane controllability, and 

possible injury to persons on ground. 

(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 AD 2020–01– 

02R3. 

(h) Exceptions to ANAC AD 2020–01–02R3 

(1) Where ANAC AD 2020–01–02R3 refers 

to ‘‘28 January 2020, the effective date of 

original revision of this AD,’’ this AD 

requires using August 13, 2020 (the effective 

date of AD 2020–12–12). 

(2) Where ANAC AD 2020–01–02R3 refers 

to ‘‘the effective date of the revision 1 of this 

AD,’’ this AD requires using the effective date 

of this AD. 

(3) Where ANAC AD 2020–01–02R3 refers 

to its effective date, this AD requires using 

the effective date of this AD. 

(4) Where the ‘‘Threshold’’ column of the 

tables in ANAC AD 2020–01–02R3 refer to 

‘‘FC’’ and ‘‘FH,’’ for this AD, those flight 

cycles and flight hours are since the date of 

issuance of the original airworthiness 

certificate or the original export certificate of 

airworthiness, except for the compliance 

times that correspond to flagnote ‘‘[5]’’ of the 

table following paragraph (b)(1) of ANAC AD 

2020–01–02R3 and flagnote ‘‘[3]’’ of the table 

following paragraph (b)(2) of ANAC AD 

2020–01–02R3. 

(5) Where the tables in ANAC AD 2020– 

01–02R3 refer to ‘‘ou,’’ this AD requires 

replacing that text with ‘‘or.’’ 

(6) Where the last column of the table 

following paragraph (c)(2) of ANAC AD 

2020–01–02R3 refers to ‘‘Intervalo,’’ this AD 

requires replacing that text with ‘‘Interval.’’ 

(7) Where ANAC AD 2020–01–02R3 

requires contacting ‘‘ANAC and Embraer . . . 

to approve an adequate repair,’’ for this AD, 

before further flight obtain repair instructions 

using the procedures specified in paragraph 

(k)(2) of this AD and do the repair. 

(8) This AD does not adopt paragraph (g)(3) 

of ANAC AD 2020–01–02R3. 

(i) No Reporting Requirement 

Although ANAC AD 2020–01–02R3 

specifies to submit an inspection report after 

each inspection, this AD does not include 

that requirement. 

(j) Provisions for Alternative Actions, 

Critical Design Configuration Control 

Limitations (CDCCLs), and Intervals 

After the existing maintenance or 

inspection program has been revised as 

specified in paragraph (g) of this AD, no 

alternative actions (e.g., inspections), 

CDCCLs, and intervals are allowed unless 

they are approved as specified in paragraph 

(d) of ANAC AD 2020–01–02R3. 

(k) Additional AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, AIR–520, Continued 

Operational Safety Branch, FAA, has the 


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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 AIR–520, Continued 

Operational Safety Branch, mail it to the 

address identified in paragraph (l) of this AD. 

Information may be emailed to: AMOC@

faa.gov. 

(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 

2020–12–12 are approved as AMOCs for the 

corresponding provisions of ANAC AD 2020– 

01–02R3 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, AIR–520, Continued 

Operational Safety 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 

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. 

(m) 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 2020–01–02R3, effective October 

17, 2024; corrected October 15, 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 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 31, 2025. 

Suzanne Masterson, 

Deputy Director, Integrated Certificate 

Management Division, Aircraft Certification 

Service. 

[FR Doc. 2025–02244 Filed 2–6–25; 8:45 am] 

BILLING CODE 4910–13–P 


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