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[Federal Register Volume 90, Number 25 (Friday, February 7, 2025)]
[Proposed Rules]
[Pages 9129-9132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02244]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 90, No. 25 / Friday, February 7, 2025 / 
Proposed Rules

[[Page 9129]]

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 Yabor[atilde] Ind[uacute]stria Aeron[aacute]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 
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 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--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-2025-0022.
     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: [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 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: [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 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

[[Page 9130]]

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
----------------------------------------------------------------------------------------------------------------
                                                                                       Cost per    Cost on U.S.
                                                    Labor cost           Parts cost    product       operators
----------------------------------------------------------------------------------------------------------------
Inspections..............................  3 work-hour x $85 per hour            $0         $255        $168,045
                                            = $255.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data that would enable the 
agency to provide cost estimates for the on-condition repair specified 
in this proposed AD.
    For the optional terminating action, the FAA has determined that 
revising the existing maintenance or inspection

[[Page 9131]]

program takes an average of 90 work-hours 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 work-hours x $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

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) 2020-12-12, Amendment 39-19921 
(85 FR 41175, July 9, 2020); 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.): 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 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; 
Embraer S.A.) airplanes, certificated in any category, identified in 
paragraphs (c)(1) and (2) of this AD, as identified in Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]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

[[Page 9132]]

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: [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 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: [email protected].

 (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) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]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--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 
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 [email protected].

    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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