[Federal Register Volume 90, Number 98 (Thursday, May 22, 2025)]
[Rules and Regulations]
[Pages 21845-21848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09219]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0010; Project Identifier MCAI-2024-00270-T;
Amendment 39-23020; AD 2025-08-07]
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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[[Page 21846]]
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2006-20-
08, which applied to all Embraer S.A. Model EMB-145, -145ER, -145MR, -
145LR, -145XR, -145MP, and -145EP airplanes. AD 2006-20-08 required
repetitive inspections to detect cracking or failure of the rod ends
and fittings of the aileron power control actuator (PCA), and
corrective actions if necessary, and provided an optional terminating
action. This AD was prompted by a determination that there was an error
in identifying a maintenance task number. This AD continues to require
the actions in AD 2006-20-08 and corrects an error in a task number, 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 June 26, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of June 26,
2025.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2025-0010; 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 [email protected]. 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-2025-0010.
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 to supersede AD 2006-20-08, Amendment 39-14777 (71 FR
58487, October 4, 2006) (AD 2006-20-08). AD 2006-20-08 applied to all
Embraer Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -
145EP airplanes. AD 2006-20-08 required repetitive inspections to
detect cracking or failure/breaking of the rod ends and fittings of the
aileron PCA, and corrective actions if necessary, and provided an
optional terminating action for the requirements. The FAA issued AD
2006-20-08 to detect and correct cracking or breaking of the rod ends
and connecting fittings of the aileron PCA, which could result in
reduced controllability of the airplane.
The NPRM published in the Federal Register on January 31, 2025 (90
FR 8684). The NPRM was prompted by AD 1999-02-01R7, effective May 6,
2024; as corrected October 11, 2024 (ANAC AD 1999-02-01R7) (also
referred to as the MCAI), issued by ANAC, which is the aviation
authority for Brazil. The MCAI states that after ANAC AD 1999-02-01R6
was issued it was identified that the visual inspection task number
referenced on requirement (c) of that AD (AMM TASK 27-12-01-212-002-
A00, ``Aileron PCA Rod Ends/Fitting, Lugs for Integrity and General
Condition'') was incorrect. ANAC AD 1999-02-01R7 was issued to replace
the task reference to MRB-145/1150 TASK 27-12-01-212-002-A05. For
airplanes identified in paragraph (c) of ANAC AD 1999-02-01R7,
accomplishing repetitive inspections as specified in MRB-145/1150 TASK
27-12-01-212-002-A05 are necessary to address the unsafe condition.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2006-20-08 and correct an error in a task number, as specified in
ANAC AD 1999-02-01R7. The FAA is issuing this AD to address cracking or
breaking of the rod ends and connecting fittings of the aileron PCA,
which could result in reduced controllability of the airplane.
You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2025-0010.
Discussion of Final Airworthiness Directive
Comments
The FAA received comments from the Air Line Pilots Association,
International (ALPA) who supported the NPRM without change.
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 1999-02-01R7 specifies procedures for repetitive
inspections to detect cracking and failure of the rod ends and PCA
fittings of the aileron PCA and corrective actions if necessary, and
provides an optional terminating action. Corrective actions include
replacing cracked and failed rod ends and PCA 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.
Costs of Compliance
The FAA estimates that this AD will affect 272 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
[[Page 21847]]
Estimated Costs For Required Actions
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Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2006-20- 1 work-hour x $85 per None................. $85 $23,120
08. hour = $85.
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Estimated Costs for Optional Actions
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Labor cost Parts cost Cost per product
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24 work-hours x $85 per hour = $19,817 $21,857
$2,040.........................
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The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
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Labor cost Parts cost Cost per product
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24 work-hours x $85 per hour = $19,817 $21,857
$2,040.........................
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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,
(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:
0
a. Removing Airworthiness Directive (AD) 2006-20-08, Amendment 39-14777
(71 FR 58487, October 4, 2006); and
0
b. Adding the following new AD:
2025-08-07 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 39-23020; Docket No. FAA-2025-0010; Project Identifier
MCAI-2024-00270-T.
(a) Effective Date
This airworthiness directive (AD) is effective June 26, 2025.
(b) Affected ADs
This AD replaces AD 2006-20-08, Amendment 39-14777 (71 FR 58487,
October 4, 2006) (AD 2006-20-08).
(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)) Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP,
and -145EP airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
Controls.
(e) Unsafe Condition
This AD was prompted by reports of broken rod ends of the
aileron power control actuator (PCA) at the aileron or at the wing
structure connection points and a determination that an incorrect
task number was published in AD 2006-20-08. The FAA is issuing this
AD to address cracking or breaking of the rod ends and connecting
fittings of the aileron PCA. The unsafe condition, if not addressed,
could result in reduced controllability of the airplane.
(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, Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) AD 1999-02-01R7, effective May 6, 2024; as corrected
October 11, 2024 (ANAC AD 1999-02-01R7).
[[Page 21848]]
(h) Exceptions to ANAC AD 1999-02-01R7
(1) Where ANAC AD 1999-02-01R7 refers to ``21 jul. 2004,'' this
AD requires using November 8, 2006 (the effective date of AD 2006-
20-08).
(2) This AD does not adopt paragraph (f) of ANAC AD 1999-02-
01R7.
(3) Where ANAC AD 1999-02-01R7 specifies ``operating days,''
this AD requires replacing that text with ``days.''
(4) Where paragraphs (a)2. and (a)3. of ANAC AD 1999-02-01R7
specify to replace cracked and failed rod ends and PCA fittings, for
this AD, all applicable replacements must be done before further
flight.
(5) Where paragraph (a) of ANAC AD 1999-02-01R7 does not specify
an initial compliance time for the repetitive inspections, for this
AD, the initial compliance time for the inspection is at the
applicable time identified in paragraph (h)(5)(i), (ii), or (iii) of
this AD.
(i) For airplanes that have PCAs with part number (P/N) 394900-
1003 or 394900-1005, do the initial inspection within 3 days after
November 8, 2006.
(ii) For airplanes that have PCAs with P/N 394900-1007, do the
initial inspection within 14 days after November 8, 2006.
(iii) For airplanes that have PCAs with P/Ns 418800-1001,
418800-1003, 418800-9003, 418800-1005, 418800-9005, 418800-1007, or
418800-9007; and that have new reinforced PCA fittings installed in
accordance with paragraph (k) or (l) of AD 2006-20-08 or paragraph
(b) of ANAC AD 1999-02-01R7, do the initial inspection within 500
flight hours after November 8, 2006.
(6) Where paragraph (b) of ANAC AD 1999-02-01R7 specifies to
accomplish an installation within ``6000 operating cycles,'' for
this AD, the compliance time is at the applicable time specified in
paragraph (h)(6)(i) or (ii) of this AD.
(i) For airplanes with PCAs with P/N 394900-1003, 394900-1005,
or 394900-1007: At the later of the times in paragraphs (h)(6)(i)(A)
or (B) of this AD.
(A) Before the airplane accumulates 6,000 total flight hours.
(B) Within 3 days or 25 flight hours after November 8, 2006 (the
effective date of AD 2006-20-08), whichever occurs later.
(ii) For airplanes with PCAs with P/N 418800-1001, 418800-1003,
418800-9003, 418800-1005, 418800-9005, 418800-1007, or 418800-9007:
Before the airplane accumulates 6,000 total flight cycles or within
600 flight cycles after November 8, 2006 (the effective date of AD
2006-20-08), whichever occurs later.
(7) Where paragraph (c) of ANAC AD 1999-02-01R7 specifies to do
an inspection in accordance with a task, for this AD, inspections
done before the effective date of this AD using AMM Task 27-12-01-
212-002-A00 or using a method approved by either the Manager,
International Validation Branch, FAA, or ANAC (or its delegated
agent) are acceptable methods of compliance. Inspections done on or
after the effective date of this AD must be done using the task
identified in paragraph (c) of ANAC AD 1999-02-01R7 or using a
method approved as specified in paragraph (k)(2) of this AD.
(8) Where paragraph (c) of ANAC AD 1999-02-01R7 specifies to
accomplish the initial inspection ``in conjunction with the new PCA
fittings and reinforcement provisions referred on item (b) above,''
this AD requires replacing that text with ``within 500 flight hours
after accomplishing the installation and reinforcements provisions
referred to in item (b) above.''
(9) Where paragraph (c) of ANAC AD 1999-02-01R7 specifies to
accomplish the inspections ``every 500 flight hours'' this AD
requires replacing that text with ``at intervals not to exceed 500
flight hours.''
(10) Where paragraph (d) of ANAC AD 1999-02-01R7 specifies to
accomplish the inspections ``every 1000 flight hours'' this AD
requires replacing that text with ``at intervals not exceeding 1,000
flight hours.''
(i) Credit for Previous Actions
This paragraph provides credit for the replacement specified in
paragraph (a)2. of ANAC AD 1999-02-01R7 and the optional terminating
actions specified in paragraph (d) of ANAC AD 1999-02-01R7, if those
actions were performed before the effective date of this AD using
EMBRAER Service Bulletin 145-27-0061, dated October 19, 1999.
(j) No Return of Parts
Although the material identified in ANAC AD 1999-02-01R7
specifies to send removed parts to the parts manufacturer, this AD
does not include that requirement.
(k) 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, send it to the attention of the
person identified in paragraph (l)(1) of this AD and email 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 2006-20-08 are approved as
AMOCs for the corresponding provisions of ANAC AD 1999-02-01R7 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, 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.
(l) Additional Information
(1) 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].
(2) For EMBRAER material identified in this AD that is not
incorporated by reference, contact Embraer S.A., Technical
Publications Section (PC 060), Av. Brigadeiro Faria Lima, 2170--
Putim--12227-901 S[atilde]o Jose dos Campos--SP--Brazil; telephone
+55 12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email
[email protected]; website flyembraer.com.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference 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) ANAC AD 1999-02-01R7, effective May 6, 2024; as corrected
October 11, 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 [email protected]. You may find this material on 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 May 5, 2025.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2025-09219 Filed 5-21-25; 8:45 am]
BILLING CODE 4910-13-P