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

[Federal Register Volume 91, Number 21 (Monday, February 2, 2026)]
[Rules and Regulations]
[Pages 4442-4445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-02097]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2026-0729; Project Identifier MCAI-2025-00063-T; 
Amendment 39-23247; AD 2026-02-11]
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.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Embraer S.A. Model ERJ 190-300 and -400 airplanes. This AD was prompted 
by an inconsistency identified in the takeoff calculation module of the 
computerized airplane flight manual (CAFM). This AD requires revising 
the airplane flight manual (AFM) to incorporate a new CAFM version. The 
FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective February 17, 2026.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of February 17, 
2026.
    The FAA must receive comments on this AD by March 19, 2026.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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-2026-0729; 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:
    <bullet> For Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(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.
    <bullet> 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-2026-0729.

FOR FURTHER INFORMATION CONTACT: Rori Fortmann, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
742-7295; 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 using a method listed under 
the ADDRESSES section. Include ``Docket No. FAA-2026-0729; Project 
Identifier MCAI-2025-00063-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.

[[Page 4443]]

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 Rori 
Fortmann, Aviation Safety Engineer, FAA, 2200 South 216th St., Des 
Moines, WA 98198; phone: 206-742-7295; 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

    The FAA issued AD 2023-26-01, Amendment 39-22644 (89 FR 253, 
January 3, 2024) (AD 2023-26-01), for all Embraer S.A. Model ERJ 190-
300 and -400 airplanes. AD 2023-26-01 was prompted by a MCAI originated 
by ANAC, which is the aviation authority for Brazil. ANAC issued ANAC 
AD 2023-04-02, effective April 11, 2023 (which corresponds to FAA AD 
2023-26-01), to correct an unsafe condition.
    AD 2023-26-01 requires revising the existing AFM to incorporate 
CAFM version 1.9 (for Model ERJ 190-300 airplanes) or CAFM version 1.5 
(for Model ERJ 190-400 airplanes), or later versions. The FAA issued AD 
2023-26-01 to address the possibility that, in the event of an engine 
failure during takeoff, an airplane may not be able to overcome 
obstacles when the airport is limited to obstacle clearance in the 
acceleration segment.

Actions Since AD 2023-26-01 Was Issued

    Since the FAA issued AD 2023-26-01, ANAC has issued ANAC AD 2025-
01-01, effective January 20, 2025 (ANAC AD 2025-01-01) (also referred 
to as the MCAI), to correct an unsafe condition for all Embraer S.A. 
Model ERJ 190-300 and -400 airplanes. The MCAI states that an 
inconsistency was identified in the takeoff calculation module of the 
CAFM for the ERJ 190-300 and -400 airplane models. This inconsistency 
could lead to an erroneous calculation that, in certain operating 
conditions and airports, could result in the airplane being unable to 
overcome obstacles in the first segment of the takeoff flight path in 
the event of an engine failure during takeoff.
    The FAA is issuing this AD to address the unsafe condition on these 
products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2026-0729.

Material Incorporated by Reference Under 1 CFR Part 51

    ANAC AD 2025-01-01 specifies procedures for revising Supplement 1 
of the AFM to incorporate the CAFM version 2.0 or later versions, as 
approved versions in the Limitations block.
    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

    These products have been approved by the civil aviation authority 
of another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with this State of Design 
Authority, that authority 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 
2025-01-01 described previously, except for any differences identified 
as exceptions in the regulatory text of this AD.
    Accomplishing the actions required by this AD terminates the 
requirements of AD 2023-26-01.

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) 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 2025-01-01 is incorporated by reference in this AD. This AD 
requires compliance with ANAC AD 2025-01-01 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 2025-
01-01 for compliance will be available at regulations.gov under Docket 
No. FAA-2026-0729 after this AD is published.

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:

[[Page 4444]]



                  Estimated Costs for Required Actions
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            Labor cost                 Parts cost      Cost per product
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1 work-hour x $85 per hour = $85..              $0                  $85
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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, 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:
2026-02-11 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.): Amendment 39-23247; Docket No. FAA-2026-0729; Project 
Identifier MCAI-2025-00063-T.

(a) Effective Date

    This airworthiness directive (AD) is effective February 17, 
2026.

(b) Affected ADs

    This AD affects AD 2023-26-01, Amendment 39-22644 (89 FR 253, 
January 3, 2024) (AD 2023-26-01).

(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 -400 airplanes, certificated in 
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Unsafe Condition

    This AD was prompted by an inconsistency identified in the 
takeoff calculation module of the computerized airplane flight 
manual (CAFM). The FAA is issuing this AD to address the 
inconsistency which could lead to an erroneous calculation that, in 
certain operating conditions and airports, could result in the 
airplane being unable to overcome obstacles in the first segment of 
the takeoff flight path in the event of an engine failure during 
takeoff.

(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 2025-01-01, effective January 20, 2025 (ANAC AD 
2025-01-01).

(h) Exceptions to ANAC AD 2025-01-01

    (1) Where ANAC AD 2025-01-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt paragraph (c) of ANAC AD 2025-01-01.

(i) Terminating Action for AD 2023-26-01

    Accomplishing the actions required by this AD terminates all 
requirements of AD 2023-26-01.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 AIR-520, Continued Operational Safety Branch, send it 
to the attention of the person identified in paragraph (k) 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.

(k) Additional Information

    For more information about this AD, contact Rori Fortmann, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-742-7295; email: [email protected].

(l) 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 2025-01-01, effective January 20, 2025.
    (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]. 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.

[[Page 4445]]

    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on January 22, 2026.
Peter A. White,
Deputy Director, Integrated Certificate Management Division, Aircraft 
Certification Service.
[FR Doc. 2026-02097 Filed 1-30-26; 8:45 am]
BILLING CODE 4910-13-P

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