Rule2026-02097
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 2, 2026
Effective
February 17, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 91 Issue 21 (Monday, February 2, 2026)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://regulations.gov">regulations.gov</a>. 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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#e999888aa98887888ac78e869fc78b9b"><span class="__cf_email__" data-cfemail="4535242605242b24266b222a336b2737">[email protected]</span></a>. You may find this material on the ANAC
website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.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 <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#d183bea3b8ff9aff97bea3a5bcb0bfbf91b7b0b0ffb6bea7"><span class="__cf_email__" data-cfemail="0a586578632441244c65787e676b64644a6c6b6b246d657c">[email protected]</span></a>.
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
<a href="http://regulations.gov">regulations.gov</a>, 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: <a href="/cdn-cgi/l/email-protection#55073a273c7b1e7b133a272138343b3b153334347b323a23"><span class="__cf_email__" data-cfemail="dd8fb2afb4f396f39bb2afa9b0bcb3b39dbbbcbcf3bab2ab">[email protected]</span></a>.
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 <a href="http://regulations.gov">regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#5415191b17143235357a333b22"><span class="__cf_email__" data-cfemail="3b7a7674787b5d5a5a155c544d">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#51033e23387f1a7f173e23253c303f3f113730307f363e27"><span class="__cf_email__" data-cfemail="8ad8e5f8e3a4c1a4cce5f8fee7ebe4e4caecebeba4ede5fc">[email protected]</span></a>.
(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: <a href="/cdn-cgi/l/email-protection#daaabbb99abbb4bbb9f4bdb5acf4b8a8"><span class="__cf_email__" data-cfemail="2c5c4d4f6c4d424d4f024b435a024e5e">[email protected]</span></a>. You may
find this material on the ANAC website at <a href="http://sistemas.anac.gov">sistemas.anac.gov</a>.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 <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#086e7a2661667b786d6b7c6167664866697a69266f677e"><span class="__cf_email__" data-cfemail="660014480f0815160305120f0908260807140748010910">[email protected]</span></a>.
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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