90 FR 59 pgs. 14029-14032 - Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes
Type: RULEVolume: 90Number: 59Pages: 14029 - 14032
Pages: 14029, 14030, 14031, 14032Docket number: [Docket No. FAA-2025-0471; Project Identifier MCAI-2024-00467-T; Amendment 39-22997; AD 2025-06-09]
FR document: [FR Doc. 2025-05331 Filed 3-27-25; 8:45 am]
Agency: Transportation Department
Sub Agency: Federal Aviation Administration
Official PDF Version: PDF Version
[top]
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 Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes
AGENCY:
Federal Aviation Administration (FAA), DOT.
ACTION:
Final rule; request for comments.
SUMMARY:
[top] 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
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:
• Federal eRulemaking Portal: Go to regulations.gov . Follow the instructions for submitting comments.
• Fax: 202-493-2251.
• 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-2025-0471; 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:
• 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-São José dos Campos-SP, Brazil; telephone 55 (12) 3203-6600; email pac@anac.gov.br ; website www.gov.br/anac/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-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: krista.greer@faa.gov .
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 regulations.gov, 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: krista.greer@faa.gov . 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 regulations.gov 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
[top] 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)
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:
| Labor cost | Parts cost | Cost per product |
|---|---|---|
| 1 work-hour × $85 per hour = $85 | $0 | $85 |
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
1. The authority citation for part 39 continues to read as follows:
Authority:
49 U.S.C. 106(g), 40113, 44701.
§?39.13 [Amended]
2. The FAA amends §?39.13 by adding the following new airworthiness directive:
2025-06-09 Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica 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 Yaborã Indústria Aeronáutica 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
[top] Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, Agência Nacional de Aviação Civil (ANAC) AD 2024-08-01, effective August 19, 2024 (ANAC AD 2024-08-01).
(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: AMOC@faa.gov. 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: krista.greer@faa.gov.
(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) Agência Nacional de Aviação 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-São José dos Campos-SP, Brazil; telephone 55 (12) 3203-6600; email: pac@anac.gov.br; website www.gov.br/anac/en. 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 fr.inspection@nara.gov.
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