Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes

<RULE> DEPARTMENT OF TRANSPORTATION <SUBAGY>Federal Aviation Administration</SUBAGY> <CFR>14 CFR Part 39</CFR> <DEPDOC>[Docket No. FAA-2025-0471; Project Identifier MCAI-2024-00467-T; Amendment 39-22997; AD 2025-06-09]</DEPDOC> <RIN>RIN 2120-AA64</RIN> <SUBJECT>Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Federal Aviation Administration (FAA), DOT. <HD SOURCE="HED">ACTION:</HD> Final rule; request for comments. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The FAA is adopting a new airworthiness directive (AD) for all Embraer S.A. Model ERJ 190-300 and ERJ 190-400 airplanes. This AD was prompted by a report of a MAU 3B failure which led to brake fault advisory messages followed by loss of normal braking that was undetected until the brakes were pressed by the pilots. This AD requires revising the existing airplane flight manual (AFM) to incorporate procedures associated with the failure of certain modular avionics units (MAUs), as specified in an 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> 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. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • <E T="03">Federal eRulemaking Portal:</E> Go to <E T="03">regulations.gov</E> . Follow the instructions for submitting comments. • <E T="03">Fax:</E> 202-493-2251. • <E T="03">Mail:</E> U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590. • <E T="03">Hand Delivery:</E> Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. <E T="03">AD Docket:</E> You may examine the AD docket at <E T="03">regulations.gov</E> 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. <E T="03">Material Incorporated by Reference:</E> • 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 <E T="03">pac@anac.gov.br</E> ; website <E T="03">www.gov.br/anac/en</E> . You may find this material on the ANAC website at <E T="03">sistemas.anac.gov.br/certificacao/DA/DAE.asp</E> . • 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 <E T="03">regulations.gov</E> under Docket No. FAA-2025-0471. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Krista Greer, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3221; email: <E T="03">krista.greer@faa.gov</E> . </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Comments Invited</HD> 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 <E T="02">ADDRESSES</E> 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 <E T="03">regulations.gov,</E> including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. <HD SOURCE="HD1">Confidential Business Information</HD> 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: <E T="03">krista.greer@faa.gov</E> . Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. <HD SOURCE="HD1">Background</HD> 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 <E T="03">regulations.gov</E> under Docket No. FAA-2025-0471. <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD> 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 <E T="02">ADDRESSES</E> section. <HD SOURCE="HD1">FAA's Determination</HD> 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. <HD SOURCE="HD1">Requirements of This AD</HD> 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. <HD SOURCE="HD1">Explanation of Required Compliance Information</HD> 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) 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 <E T="03">regulations.gov</E> under Docket No. FAA-2025-0471 after this AD is published. <HD SOURCE="HD1">Interim Action</HD> The FAA considers that this AD is an interim action. If final action is later identified, the FAA might consider further rulemaking then. <HD SOURCE="HD1">Justification for Immediate Adoption and Determination of the Effective Date</HD> Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 551 <E T="03">et seq.</E> ) 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 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 19k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━