[Federal Register Volume 90, Number 27 (Tuesday, February 11, 2025)]
[Rules and Regulations]
[Pages 9283-9286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02400]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2140; Project Identifier MCAI-2024-00242-T;
Amendment 39-22942; AD 2025-02-09]
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.
-----------------------------------------------------------------------
SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Embraer S.A. Model EMB-120, -120ER, -120FC, -120QC, and -120RT
airplanes. This AD was prompted by a structural assessment, which found
that the fuselage longitudinal skin splice and panel between certain
frames are susceptible to cracking. This AD requires performing
repetitive inspections of the fuselage center I longitudinal skin
splice and applicable corrective actions, as specified in an
Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD, which
is incorporated by reference (IBR). The FAA is issuing this AD to
address the unsafe condition on these products.
[[Page 9284]]
DATES: This AD is effective March 18, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 18,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2024-2140; 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--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.
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-2024-2140.
FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: 206-231-3653; email: [email protected].
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-120, -120ER, -120FC, -120QC, and -120RT airplanes. The NPRM
published in the Federal Register on September 17, 2024 (89 FR 75977).
The NPRM was prompted by AD 2024-04-02R01, effective May 31, 2024,
issued by ANAC, which is the aviation authority for Brazil (ANAC AD
2024-04-02R01) (also referred to as the MCAI). The MCAI states that a
structural assessment found that the fuselage center I longitudinal
skin splice and panel between frames 22 and 23 are susceptible to
cracking.
In the NPRM, the FAA proposed to require performing repetitive
inspections of the fuselage center I longitudinal skin splice and
applicable corrective actions, as specified in ANAC AD 2024-04-02R01.
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-2024-2140.
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 Extension of Compliance Times
Embraer requested the FAA extend the compliance times of the
proposed AD. The commenter stated analysis of data of the lower
fuselage center I longitudinal skin splice and panel between frames 22
and 23 under operational conditions showed the probability of cracks is
less than one percent at 60,000 flight cycles. The commenter stated
inspections prior to the accumulation of 50,000 total flight cycles, or
within 800 flight cycles after the effective date of this AD, whichever
occurs later, as specified in the proposed AD, is overly conservative.
The commenter suggested inspections prior to the accumulation of 60,000
total flight cycles, or within 2,000 flight cycles after the effective
date of this AD, whichever occurs later, would meet the intent of this
AD. Embraer added that the compliance times of this AD should be
extended to avoid an unnecessary burden for operators.
The FAA disagrees with the request. Embraer did not provide data to
support its request to extend the compliance times of the proposed AD.
However, ANAC, the state of design authority, has advised the FAA that
it defined the threshold, intervals, and grace period based on a
methodology considering the findings in the full-scale fatigue test
(FSFT) and conservative equivalent damage. The FAA concurs with ANAC's
determination. The FAA has not changed this AD as a result of this
comment.
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 2024-04-02R01 specifies initial and repetitive high-
frequency eddy current inspections for discrepancies (including cracks,
corrosion, scratches, and nicks) of the fuselage center I longitudinal
skin splice and panel between frames 22 and 23, from the internal and
external sides of the fuselage. ANAC AD 2024-04-02R01 further specifies
corrective actions including obtaining and implementing instructions
for repair and reporting of the inspection results. 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
ADDRESSES section.
Costs of Compliance
The FAA estimates this AD affects 51 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 x $85 per hour = $340 per $0 $340 per inspection cycle.. $17,340 per inspection
inspection cycle. cycle.
----------------------------------------------------------------------------------------------------------------
[[Page 9285]]
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.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new airworthiness
directive:
2025-02-09 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer
S.A.): Amendment 39-22942; Docket No. FAA-2024-2140; Project
Identifier MCAI-2024-00242-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 18, 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 EMB-120, -120ER, -120FC, -120QC, and -120RT
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Unsafe Condition
This AD was prompted by a structural assessment that indicated
the fuselage center I longitudinal skin splice and panel between
frames 22 and 23 are susceptible to cracking. The FAA is issuing
this AD to address undetected cracks in the fuselage center I
longitudinal skin splice and panel between frames 22 and 23. The
unsafe condition, if not addressed, could result in undetected
fuselage crack propagation, and 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 2024-04-02R01, effective May 31, 2024 (ANAC AD 2024-
04-02R01).
(h) Exceptions to ANAC AD 2024-04-02R01
(1) Where ANAC AD 2024-04-02R01 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 2024-04-02R01
specify the initial compliance time for the high-frequency eddy
current inspection of the fuselage center I longitudinal skin
splice--frames 22 and 23, from the internal and external side of the
fuselage, for this AD, the initial compliance time for doing the
high-frequency eddy current inspection is prior to the accumulation
of 50,000 total flight cycles, or within 800 flight cycles after the
effective date of this AD, whichever occurs later.
(3) Where paragraphs (d)(1) and (2) of ANAC AD 2024-04-02R01
specify the initial compliance time for the high-frequency eddy
current inspection of the fuselage center I skin panel--frames 22
and 23, from the external side of the fuselage, for this AD, the
initial compliance time for doing the high-frequency eddy current
inspection is prior to the accumulation of 50,000 total flight
cycles, or within 800 flight cycles after the effective date of this
AD, whichever occurs later.
(4) Where paragraphs (b)(3) and (d)(3) of ANAC AD 2024-04-02R01
specify corrective actions, for this AD, if any discrepancy
including cracking is detected during any inspection required by
this AD, the discrepancy must be repaired 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.
(5) Paragraph (f) of ANAC AD 2024-04-02R01 specifies to report
inspection results to ANAC and Embraer within a certain compliance
time. For this AD, report inspection results at the applicable time
specified in paragraph (h)(5)(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.
(6) This AD does not adopt paragraph (g) of ANAC AD 2024-04-
02R01.
(i) Additional AD Provisions
The following provisions also apply to this AD:
[[Page 9286]]
(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:
[email protected]. 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:
[email protected].
(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 2024-04-02R01, 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; phone 55 (12) 3203-6600; email
anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD
on the ANAC website 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 [email protected].
Issued on January 23, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-02400 Filed 2-10-25; 8:45 am]
BILLING CODE 4910-13-P