Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes, 14029-14032 [2025-05331]

Download as PDF Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Rules and Regulations B787–81205–SB550013–00 RB, Issue 001, dated August 30, 2024. PART 39—AIRWORTHINESS DIRECTIVES (h) Exceptions to Requirements Bulletin Specifications 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: ■ 2025–06–10 The Boeing Company: Amendment 39–22998; Docket No. FAA–2024–2410; Project Identifier AD– 2024–00509–T. (a) Effective Date This airworthiness directive (AD) is effective May 2, 2025. (b) Affected ADs None. (c) Applicability This AD applies to The Boeing Company Model 787–8, 787–9, and 787–10 airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin B787– 81205–SB550013–00 RB, Issue 001, dated August 30, 2024. (d) Subject Air Transport Association (ATA) of America Code 55, Stabilizers. (e) Unsafe Condition This AD was prompted by possible misalignment, at final assembly, of the horizontal stabilizer pivot pin lockring, outer pivot pin, and outboard spacer. The FAA is issuing this AD to address a pivot pin outboard spacer that has been found to not be set correctly flush against the horizontal stabilizer pivot bearing and outboard washer due to a misaligned pivot pin lockring. The unsafe condition, if not addressed, could result in decreased lateral load capacity, which could cause the loss of pivot pin retention parts and lead to loss of the horizontal stabilizer and loss of continued safe flight and landing. ddrumheller on DSK120RN23PROD with RULES1 (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Required Actions Except as specified by paragraph (h) of this AD: At the applicable times specified in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin B787–81205– SB550013–00 RB, Issue 001, dated August 30, 2024, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin B787–81205– SB550013–00 RB, Issue 001, dated August 30, 2024. Note 1 to paragraph (g): Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin B787–81205–SB550013–00, Issue 001, dated August 30, 2024, which is referred to in Boeing Alert Requirements Bulletin VerDate Sep<11>2014 17:00 Mar 27, 2025 Jkt 265001 (1) Where the Compliance Time columns of the tables in the ‘‘Compliance’’ paragraph of Boeing Alert Requirements Bulletin B787– 81205–SB550013–00 RB, Issue 001, dated August 30, 2024, refers to the Issue 001 date of Requirements Bulletin B787–81205– SB550013–00 RB, this AD requires using the effective date of this AD. (2) Where flag notes [1] and [3] of Table 1 of Task 5 in Boeing Alert Requirements Bulletin B787–81205–SB550013–00 RB, Issue 001, dated August 30, 2024, state to do a detailed inspection of the horizontal stabilizer pivot pin ‘‘right side,’’ this AD requires replacing that text with ‘‘left side.’’ (3) Where Step 15 of Table 1 of Task 6 in Boeing Alert Requirements Bulletin B787– 81205–SB550013–00 RB, Issue 001, dated August 30, 2024, specifies to install a trap fitting having part number ‘‘182W6405–1,’’ this AD requires replacing that text with ‘‘313Z6455–501.’’ (4) Where Tasks 5 to 8 specified in Boeing Alert Requirements Bulletin B787–81205– SB550013–00 RB, Issue 001, dated August 30, 2024, specify a part number for the antirotation plate of ‘‘313Z6455–501,’’ this AD requires replacing that text with ‘‘-.’’ (i) Alternative Methods of Compliance (AMOCs) (1) 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 certification office, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: AMOC@ faa.gov. (2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR–520, Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD. (j) Related Information (1) For more information about this AD, contact Joseph Hodgin, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206–231–3962; email: Joseph.J.Hodgin@faa.gov. (2) Material identified in this AD that is not incorporated by reference is available at the address specified in paragraph (k)(3) this AD. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 14029 (k) 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 the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin B787–81205–SB550013–00 RB, Issue 001, dated August 30, 2024. (ii) [Reserved] (3) For Boeing material identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110– SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; website myboeingfleet.com. (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 21, 2025. Paul R. Bernado, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2025–05295 Filed 3–27–25; 8:45 am] BILLING CODE 4910–13–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: 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 SUMMARY: E:\FR\FM\28MRR1.SGM 28MRR1 ddrumheller on DSK120RN23PROD with RULES1 14030 Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Rules and Regulations units (MAUs), as specified in an Agência Nacional de Aviação 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: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • 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, VerDate Sep<11>2014 17:00 Mar 27, 2025 Jkt 265001 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 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 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) E:\FR\FM\28MRR1.SGM 28MRR1 14031 Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Rules and Regulations 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 regulations.gov 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 × $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. ddrumheller on DSK120RN23PROD with RULES1 Regulatory Findings 17:00 Mar 27, 2025 List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. 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 Jkt 265001 [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. PO 00000 Frm 00015 Fmt 4700 (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. The Amendment ■ 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: VerDate Sep<11>2014 (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, and (2) Will not affect intrastate aviation in Alaska. Sfmt 4700 (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, Agência Nacional de Aviação Civil (ANAC) AD 2024–08–01, effective August 19, 2024 (ANAC AD 2024– 08–01). E:\FR\FM\28MRR1.SGM 28MRR1 14032 Federal Register / Vol. 90, No. 59 / Friday, March 28, 2025 / Rules and Regulations (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. ddrumheller on DSK120RN23PROD with RULES1 (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 VerDate Sep<11>2014 17:00 Mar 27, 2025 Jkt 265001 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 DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 250325–0050] RIN 0694–AK04 Additions and Modifications to the Entity List Bureau of Industry and Security, Department of Commerce. ACTION: Final rule. AGENCY: In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding 70 entities to the Entity List, under the destinations of China, People’s Republic of (China) (42); Iran (2); Pakistan (19); South Africa (3); and the United Arab Emirates (UAE) (4). These entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. This final rule also modifies four existing entries on the Entity List, consisting of revisions to one entry under France, one entry under Iran, one entry under Senegal, and one entry under the United Kingdom. DATES: This rule is effective March 28, 2025. FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, Office of the Assistant Secretary for Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482–5991, Email: ERC@bis.doc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background The Entity List The Entity List (supplement no. 4 to part 744 of the EAR (15 CFR parts 730– 774)) identifies entities for which there is reasonable cause to believe, based on specific and articulable facts, that the entities have been involved, are involved, or pose a significant risk of PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 being or becoming involved in activities contrary to the national security or foreign policy interests of the United States, pursuant to § 744.11. The EAR impose additional license requirements on, and limit the availability of, most license exceptions for exports, reexports, and transfers (in-country) when a listed entity is a party to the transaction. The license review policy for each listed entity is identified in the ‘‘License Review Policy’’ column on the Entity List, and the impact on the availability of license exceptions is described in the relevant Federal Register document that added the entity to the Entity List. BIS places entities on the Entity List pursuant to parts 744 (Control Policy: End-User and End-Use Based) and 746 (Embargoes and Other Special Controls) of the EAR. The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and makes all decisions to remove or modify an entry by unanimous vote. Entity List Decisions Additions to the Entity List The ERC determined to add Britlite Engineering Company; Indentech International; IntraLink Incorporated; Proc-Master; Rehman Engineering and Services; and The Sadidians, all under the destination of Pakistan, to the Entity List. The addition of these entities is made on the basis of their contributions to Pakistan’s unsafeguarded nuclear activities. This activity is contrary to the national security and foreign policy of the United States under § 744.11 of the EAR. These six entities require a license for all items subject to the EAR. The ERC determined to add Sine Technologies; Supply Source Co.; Ariston Trade Links; Professional Systems (Pvt) Ltd.; RASTEK Technologies; and NA Enterprises, all under the destination of Pakistan, and Zibo Topred International Trading Company Limited, under the destination of China, to the Entity List. The addition of these entities is made on the basis of their contributions to Pakistan’s unsafeguarded nuclear activities. This activity is contrary to the national security and foreign policy of the United States under § 744.11 of the EAR. These seven entities require a license for all items subject to the EAR. E:\FR\FM\28MRR1.SGM 28MRR1

Agencies

[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 [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     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--S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 
(12) 3203-6600; email [email protected]; 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: [email protected].

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: [email protected]. 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

    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 regulations.gov 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..........................
------------------------------------------------------------------------

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: 
[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, 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: [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 2024-08-01, 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: [email protected]; 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 [email protected].

    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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