Rule2025-05331
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) 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
March 28, 2025
Effective
April 14, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Embraer S.A. Model ERJ 190-300 and ERJ 190-400 airplanes. This AD was prompted by a report of a MAU 3B failure which led to brake fault advisory messages followed by loss of normal braking that was undetected until the brakes were pressed by the pilots. This AD requires revising the existing airplane flight manual (AFM) to incorporate procedures associated with the failure of certain modular avionics units (MAUs), as specified in an Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by reference. 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 59 (Friday, March 28, 2025)</title>
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[Federal Register Volume 90, Number 59 (Friday, March 28, 2025)]
[Rules and Regulations]
[Pages 14029-14032]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05331]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0471; Project Identifier MCAI-2024-00467-T;
Amendment 39-22997; AD 2025-06-09]
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: Final rule; request for comments.
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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Embraer S.A. Model ERJ 190-300 and ERJ 190-400 airplanes. This AD was
prompted by a report of a MAU 3B failure which led to brake fault
advisory messages followed by loss of normal braking that was
undetected until the brakes were pressed by the pilots. This AD
requires revising the existing airplane flight manual (AFM) to
incorporate procedures associated with the failure of certain modular
avionics
[[Page 14030]]
units (MAUs), as specified in an Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by
reference. The FAA is issuing this AD to address the unsafe condition
on these products.
DATES: This AD is effective April 14, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 14,
2025.
The FAA must receive comments on this AD by May 12, 2025.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://regulations.gov">regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> 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.
<bullet> 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 <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2025-0471; 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
street address for Docket Operations is listed above.
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#3a4a5b597a5b545b59145d554c145848"><span class="__cf_email__" data-cfemail="87f7e6e4c7e6e9e6e4a9e0e8f1a9e5f5">[email protected]</span></a>; website <a href="http://www.gov">www.gov</a>.br/anac/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-2025-0471.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3221; email: <a href="/cdn-cgi/l/email-protection#3259405b4146531c5540575740725453531c555d44"><span class="__cf_email__" data-cfemail="412a33283235206f2633242433012720206f262e37">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2025-0471; Project
Identifier MCAI-2024-00467-T'' at the beginning of your comments. The
most helpful comments reference a specific portion of the final rule,
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 final rule 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
<a href="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this final rule.
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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Krista
Greer, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines,
WA 98198; phone: 206-231-3221; email: <a href="/cdn-cgi/l/email-protection#7c170e150f081d521b0e19190e3c1a1d1d521b130a"><span class="__cf_email__" data-cfemail="d7bca5bea4a3b6f9b0a5b2b2a597b1b6b6f9b0b8a1">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2024-08-01, effective August 19, 2024 (ANAC AD 2024-08-01) (also
referred to as the MCAI), to correct an unsafe condition for all
Embraer S.A. Model ERJ 190-300 and ERJ 190-400 airplanes. The MCAI
states a report was received about a failure of the MAU 3B annunciated
by the AVNX MAU 3B FAIL caution message associated with BRK LH FAULT
and BRK RH FAULT advisory messages. During the landing run, the normal
brakes were not available, and the messages BRK LH FAIL, BRK RH FAIL,
BRK PEDL LH SEAT FAIL, and BRK PEDL RH SEAT FAIL were also displayed on
the engine indicating and crew alerting system (EICAS) only after the
pilots pressed the brake pedals. It was discovered certain failures of
the MAU 1A and MAU 3B may lead to an undetected loss of normal brakes
scenario until the brake pedals are pressed by the pilots. A runway
excursion event may occur due to the pilots having only a short time
available to respond.
The FAA is proposing 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-2025-0471.
Material Incorporated by Reference Under 1 CFR Part 51
ANAC AD 2024-08-01 specifies AFM procedures to incorporate
modifications associated with ``AVIONICS MAU 1A FAILURE'' and
``AVIONICS MAU 3B FAILURE'' messages. 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 AD after determining that the
unsafe condition described previously is likely to exist or develop on
other products of the same type design.
Requirements of This AD
This AD requires accomplishing the actions specified in ANAC AD
2024-08-01 described previously, except for any differences identified
as exceptions in the regulatory text of this 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)
[[Page 14031]]
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, ANAC AD 2024-08-
01 is incorporated by reference in this AD. This AD requires compliance
with ANAC AD 2024-08-01 in its entirety through that incorporation,
except for any differences identified as exceptions in the regulatory
text of this AD. Material required by ANAC AD 2024-08-01 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2025-0471
after this AD is published.
Interim Action
The FAA considers that this AD is an interim action. If final
action is later identified, the FAA might consider further rulemaking
then.
Justification for Immediate Adoption and Determination of the Effective
Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
551 et seq.) authorizes agencies to dispense with notice and comment
procedures for rules when the agency, for ``good cause,'' finds that
those procedures are ``impracticable, unnecessary, or contrary to the
public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
There are currently no domestic operators of these products.
Accordingly, notice and opportunity for prior public comment are
unnecessary, pursuant to 5 U.S.C. 553(b). In addition, for the
foregoing reasons, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days.
Regulatory Flexibility Act (RFA)
The requirements of the RFA do not apply when an agency finds good
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and
comment. Because the FAA has determined that it has good cause to adopt
this rule without notice and comment, RFA analysis is not required.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, the FAA provides the following cost estimates to comply with
this AD:
Estimated Costs for Required Actions
------------------------------------------------------------------------
Labor cost Parts cost Cost per product
------------------------------------------------------------------------
1 work-hour x $85 per hour = $0 $85
$85..........................
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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, and
(2) Will not affect intrastate aviation in Alaska.
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.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2025-06-09 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22997; Docket No. FAA-2025-0471; Project
Identifier MCAI-2024-00467-T.
(a) Effective Date
This airworthiness directive (AD) is effective April 14, 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.) Model ERJ 190-300 and ERJ 190-400 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 32, Landing
gear.
(e) Unsafe Condition
This AD was prompted by a report of a MAU 3B failure which led
to brake fault advisory messages followed by loss of normal braking
that was undetected until the brakes were pressed by the pilots. The
FAA is issuing this AD to address certain failures of modular
avionics units that may lead to an undetected loss of normal brakes
scenario until brake pedals are pressed by the pilots. The unsafe
condition, if not addressed, could lead to a runway excursion, due
to the pilots having only a short time available to respond.
(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 2024-08-01, effective August 19, 2024 (ANAC AD 2024-
08-01).
[[Page 14032]]
(h) Exceptions to ANAC AD 2024-08-01
(1) Where ANAC AD 2024-08-01 refers to its ``effectivity date,''
this AD requires using the effective date of this AD.
(2) This AD does not adopt paragraph (d) of ANAC AD 2024-08-01.
(i) 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 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 Continued Operational Safety Branch, send it to the attention of
the person identified in paragraph (j) of this AD and email to:
<a href="/cdn-cgi/l/email-protection#9ddcd0d2deddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="12535f5d51527473733c757d64">[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, 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.
(j) Additional Information
For more information about this AD, contact Krista Greer,
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA
98198; phone: 206-231-3221; email: <a href="/cdn-cgi/l/email-protection#117a63786265703f7663747463517770703f767e67"><span class="__cf_email__" data-cfemail="6e051c071d1a0f40091c0b0b1c2e080f0f40090118">[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 2024-08-01, effective August 19, 2024.
(ii) [Reserved]
(3) 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#d1a1b0b291b0bfb0b2ffb6bea7ffb3a3"><span class="__cf_email__" data-cfemail="5d2d3c3e1d3c333c3e733a322b733f2f">[email protected]</span></a>; website
<a href="http://www.gov">www.gov</a>.br/anac/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.
(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 <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#6305114d0a0d10130600170a0c0d230d0211024d040c15"><span class="__cf_email__" data-cfemail="2543570b4c4b56554046514c4a4b654b4457440b424a53">[email protected]</span></a>.
Issued on March 17, 2025.
Victor Wicklund,
Deputy Director, Integrated Certificate Management Division, Aircraft
Certification Service.
[FR Doc. 2025-05331 Filed 3-27-25; 8:45 am]
BILLING CODE 4910-13-P
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