Rule2025-02144
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.; Empresa Brasileira de Aeronáutica S.A. (EMBRAER)) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 4, 2025
Effective
March 11, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]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.
Full Text
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<title>Federal Register, Volume 90 Issue 22 (Tuesday, February 4, 2025)</title>
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[Federal Register Volume 90, Number 22 (Tuesday, February 4, 2025)]
[Rules and Regulations]
[Pages 8868-8870]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02144]
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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 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: Final rule.
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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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]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 <a href="http://regulations.gov">regulations.gov</a> 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:
<bullet> 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--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55
(12) 3203-6600; email <a href="/cdn-cgi/l/email-protection#f4849597b4c895d49c869192c9" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website <a href="http://anac.gov">anac.gov</a>.br/en/. You may
find this material on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.br/
certificacao/DA/DAE.asp.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#7038110303111e5e3d5e3912021118191d301611115e171f06"><span class="__cf_email__" data-cfemail="5911382a2a3837771477103b2b38313034193f3838773e362f">[email protected]</span></a>.
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 <a href="http://regulations.gov">regulations.gov</a> 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 in-service
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
[[Page 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
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4 work-hours x $85 per hour = $340 per $0 $340 per inspection cycle.. $105,060 per inspection
inspection cycle. cycle.
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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
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
[[Page 8870]]
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2024-26-07 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)):
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 Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.;
Embraer S.A.; Empresa Brasileira de Aeron[aacute]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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]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:
<a href="/cdn-cgi/l/email-protection#df9e92909c9fb9bebef1b8b0a9"><span class="__cf_email__" data-cfemail="f9b8b4b6bab99f9898d79e968f">[email protected]</span></a>. 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:
<a href="/cdn-cgi/l/email-protection#165e7765657778385b385f7464777e7f7b5670777738717960"><span class="__cf_email__" data-cfemail="3b735a48485a551576157259495a5352567b5d5a5a155c544d">[email protected]</span></a>.
(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) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]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--S[atilde]o
Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-6600;
email <a href="/cdn-cgi/l/email-protection#37475654770b56175f4552510a" http: anac.gov">anac.gov</a>.br">pac@<a href="http://anac.gov">anac.gov</a>.br</a>; website <a href="http://anac.gov">anac.gov</a>.br/en/. You may find this
ANAC AD on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#9dfbefb3f4f3eeedf8fee9f4f2f3ddf3fceffcb3faf2eb"><span class="__cf_email__" data-cfemail="d0b6a2feb9bea3a0b5b3a4b9bfbe90beb1a2b1feb7bfa6">[email protected]</span></a>.
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
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