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

[Federal Register Volume 91, Number 99 (Friday, May 22, 2026)]
[Rules and Regulations]
[Pages 30199-30201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-10270]



[[Page 30199]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2026-1340; Project Identifier MCAI-2024-00430-T; 
Amendment 39-23341; AD 2026-10-01]
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.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 190-100 ECJ airplanes. This AD was 
prompted by a manufacturing quality escape concerning certain overheat 
detection system (ODS) sensing elements. This AD requires a detailed 
inspection of certain ODS sensing elements of the airplane bleed lines 
and replacement, if necessary. This AD also prohibits the installation 
of affected parts. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective June 26, 2026.
    The Director of the Federal Register approved the incorporation by 
reference of certain publication listed in this AD as of June 26, 2026.

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2026-1340; 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:
    <bullet> For Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(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.
    <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-2026-1340.

FOR FURTHER INFORMATION CONTACT: Nicole Tsang, Aviation Safety 
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3959; email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Embraer S.A. 
Model ERJ 190-100 ECJ airplanes. The NPRM was published in the Federal 
Register on February 25, 2026 (91 FR 9193). The NPRM was prompted by AD 
2024-07-01, effective July 31, 2024 (ANAC AD 2024-07-01) (also referred 
to as the MCAI), issued by ANAC, which is the aviation authority for 
Brazil. The MCAI states that a quality escape occurred during 
manufacturing concerning certain ODS sensing elements produced before 
January 31, 2021. A defective sensing element may not be able to detect 
a thermal bleed leak, which is a latent failure. This condition, if not 
addressed, could lead to an undetected thermal bleed leak that could 
start an ignition source in the fuel tank, damaging some electronic 
boxes and exposing the wing structure to high temperature gradients and 
unexpected thermal loads.
    In the NPRM, the FAA proposed to require a detailed inspection of 
certain ODS sensing elements of the airplane bleed lines and 
replacement, if necessary, as specified in ANAC AD 2024-07-01. The NPRM 
also proposed to prohibit the installation of affected parts, as 
specified in ANAC AD 2024-07-01. 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-2026-1340.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA) who supported the NPRM without change.

Clarification of Exception in Paragraph (h)(2) of This AD

    The FAA revised paragraph (h)(2) of this AD to clarify the text in 
ANAC AD 2024-07-01 that must be replaced.

Conclusion

    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 reviewed the relevant 
data, considered any comments 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 these products. Except for 
minor editorial changes, and any other changes described previously, 
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 2024-07-01 specifies procedures for a detailed inspection 
of certain ODS sensing elements of the airplane bleed lines and 
replacement, if necessary. ANAC AD 2024-07-01 also prohibits the 
installation of an affected ODS sensing element unless the affected 
part passed an inspection, indicated by a marking on one face of the 
connector hex nut.
    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 affects 8 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 30200]]



                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
108 work-hours x $85 per hour = $9,180.......................              $0           $9,180          $73,440
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base a cost 
estimate for the on-condition actions specified in this AD.

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 adding the following new airworthiness 
directive:

2026-10-01 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer 
S.A.): Amendment 39-23341; Docket No. FAA-2026-1340; Project 
Identifier MCAI-2024-00430-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 26, 2026.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. (Type Certificate previously 
held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.; 
Embraer S.A.) Model ERJ 190-100 ECJ airplanes, certificated in any 
category, as identified in Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD 2024-07-01, effective July 31, 
2024 (ANAC AD 2024-07-01).

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
Protection; 36, Pneumatic.

(e) Unsafe Condition

    This AD was prompted by a manufacturing quality escape 
concerning certain overheat detection system (ODS) sensing elements. 
The FAA is issuing this AD to address defective sensing elements. 
The unsafe condition, if not addressed, could lead to an undetected 
thermal bleed leak that could start an ignition source in the fuel 
tank, damaging some electronic boxes and exposing the wing structure 
to high temperature gradients and unexpected thermal loads, which 
could result in reduced structural integrity of the airplane.

(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, ANAC AD 2024-07-01.

(h) Exceptions to ANAC AD 2024-07-01

    (1) Where ANAC AD 2024-07-01 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where paragraphs (b)(1) and (c)(1) of ANAC AD 2024-07-01 
specify to inspect the ODS sensing elements of various ``areas of 
the airplane'', this AD requires replacing that text with ``areas of 
the airplane in accordance with Embraer Service Bulletin 190LIN-36-
0013, Revision 03, dated April 20, 2024; or later revisions approved 
by ANAC''.
    (3) Where paragraphs (b) and (c) of ANAC AD 2024-07-01 specify 
on-condition actions based on the results of the ODS sensing element 
inspections required by paragraphs (b)(1) and (c)(1) of ANAC AD 
2024-07-01, this AD requires performing all applicable on-condition 
actions before further flight after each inspection.
    (4) This AD does not adopt paragraph (f) of ANAC AD 2024-07-01.

(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.
    (3) Required for Compliance (RC): Except as required by 
paragraph (i)(2) of this AD, if any material contains steps in the 
Accomplishment Instructions or figures that are labeled as RC, the 
instructions in RC steps, including subparagraphs under an RC step 
and any figures identified in an RC step, must be done to comply 
with this AD; any steps including substeps under those steps, that 
are not identified as RC are recommended. The instructions in steps, 
including substeps under those steps, not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection

[[Page 30201]]

program without obtaining approval of an AMOC, provided the 
instructions identified as RC can be done and the airplane can be 
put back in an airworthy condition. Any substitutions or changes to 
instructions identified as RC require approval of an AMOC. If a step 
or substep is labeled ``RC Exempt,'' then the RC requirement is 
removed from that step or substep.

(j) Additional Information

    For more information about this AD, contact Nicole Tsang, 
Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 
98198; phone: 206-231-3959; email: [email protected].

(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 this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2024-07-01, effective July 31, 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 4, 2026.
Brian Knaup,
Acting Deputy Director, Integrated Certificate Management Division, 
Aircraft Certification Service.
[FR Doc. 2026-10270 Filed 5-21-26; 8:45 am]
BILLING CODE 4910-13-P

The complete text was extracted from the official GovInfo HTML edition for this publication. Acquired 2026-10-09T00:49:20.975974+00:00. Text extraction preserves the recorded source wording; it does not determine current requirements.

Open the captured official edition

Source SHA-256

c94b74938124ca272be4178d48bf4eab439aaaba7ea828ac5a4f837c424ed350

Text SHA-256

87f218583ccaf6fadfc0fda9cbe79ba358a9e565da70a429662cb52195a7c894