Proposed Rule2026-03783
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 25, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain Embraer S.A. Model ERJ 190-100 ECJ airplanes. This proposed AD was prompted by a manufacturing quality escape concerning certain overheat detection system (ODS) sensing elements. This proposed AD would require a detailed inspection of certain ODS sensing elements of the airplane bleed lines and replacement, if necessary. This proposed AD would also prohibit the installation of affected parts. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 91 Issue 37 (Wednesday, February 25, 2026)</title>
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[Federal Register Volume 91, Number 37 (Wednesday, February 25, 2026)]
[Proposed Rules]
[Pages 9193-9195]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03783]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2026-1340; Project Identifier MCAI-2024-00430-T]
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: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Embraer S.A. Model ERJ 190-100 ECJ airplanes. This proposed
AD was prompted by a manufacturing quality escape concerning certain
overheat detection system (ODS) sensing elements. This proposed AD
would require a detailed inspection of certain ODS sensing elements of
the airplane bleed lines and replacement, if necessary. This proposed
AD would also prohibit the installation of affected parts. The FAA is
proposing this AD to address the unsafe condition on these products.
DATES: The FAA must receive comments on this proposed AD by April 13,
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-2026-1340; 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 NPRM, 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 proposed 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
<a href="/cdn-cgi/l/email-protection#b2c2d3d1f2d3dcd3d19cd5ddc49cd0c0"><span class="__cf_email__" data-cfemail="93e3f2f0d3f2fdf2f0bdf4fce5bdf1e1">[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. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2026-1340.
<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.
FOR FURTHER INFORMATION CONTACT: Nicole Tsang, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3959; email: <a href="/cdn-cgi/l/email-protection#c58baca6aaa9a0eb96eb91b6a4aba285a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="3a74535955565f1469146e495b545d7a5c5b5b145d554c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments using a method listed
under the ADDRESSES section. Include ``Docket No. FAA-2026-1340;
Project Identifier MCAI-2024-00430-T'' at the beginning of your
comments. The most helpful comments reference a specific portion of the
proposal, 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 proposal 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 NPRM.
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 NPRM 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 NPRM, it is important
[[Page 9194]]
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 NPRM. Submissions
containing CBI should be sent to Nicole Tsang, Aviation Safety
Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-
231-3959; email: <a href="/cdn-cgi/l/email-protection#5816313b37343d760b760c2b39363f183e3939763f372e"><span class="__cf_email__" data-cfemail="0e40676d61626b205d205a7d6f60694e686f6f20696178">[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
ANAC, which is the aviation authority for Brazil, has issued ANAC
AD 2024-07-01, effective July 31, 2024 (ANAC AD 2024-07-01) (also
referred to as the MCAI), to correct an unsafe condition for certain
Embraer S.A. Model ERJ 190-100 ECJ airplanes. 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.
The FAA has determined that this condition could result in reduced
structural integrity of the airplane.
The FAA is proposing 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-2026-1340.
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.
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 NPRM
after determining that the unsafe condition described previously is
likely to exist or develop in other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would require accomplishing the actions specified
in ANAC AD 2024-07-01 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed 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) 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, the
FAA proposes to incorporate ANAC AD 2024-07-01 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
ANAC AD 2024-07-01 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Material required by ANAC AD 2024-07-01 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2026-1340 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 8 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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108 work-hours x $85 per hour = $9,180....................... $0 $9,180 $73,440
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The FAA has received no definitive data on which to base a cost
estimate for the on-condition actions specified in this proposed 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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
[[Page 9195]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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:
Embraer S.A. (Type Certificate Previously Held by Yabor[atilde]
Ind[uacute]stria Aeron[aacute]utica S.A.; Embraer S.A.): Docket No.
FAA-2026-1340; Project Identifier MCAI-2024-00430-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by April 13, 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 ODS sensing elements at various locations, this
AD requires adding ``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:
<a href="/cdn-cgi/l/email-protection#e6a7aba9a5a6808787c8818990"><span class="__cf_email__" data-cfemail="0c4d41434f4c6a6d6d226b637a">[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.
(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 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: <a href="/cdn-cgi/l/email-protection#3f71565c50535a116c116b4c5e51587f595e5e11585049"><span class="__cf_email__" data-cfemail="135d7a707c7f763d403d4760727d74537572723d747c65">[email protected]</span></a>.
(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 <a href="/cdn-cgi/l/email-protection#cebeafad8eafa0afade0a9a1b8e0acbc"><span class="__cf_email__" data-cfemail="2353424063424d42400d444c550d4151">[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.
(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#2d4b5f0344435e5d484e594442436d434c5f4c034a425b"><span class="__cf_email__" data-cfemail="deb8acf0b7b0adaebbbdaab7b1b09eb0bfacbff0b9b1a8">[email protected]</span></a>.
Issued on February 23, 2026.
Lona C. Saccomando,
Acting Deputy Director, Integrated Certificate Management Division,
Aircraft Certification Service.
[FR Doc. 2026-03783 Filed 2-24-26; 8:45 am]
BILLING CODE 4910-13-P
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