Rule2026-09172
Airworthiness Directives; 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
May 8, 2026
Effective
May 26, 2026
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is adopting a new airworthiness directive (AD) for all Embraer S.A. Model EMB-545 and EMB-550 airplanes. The FAA previously sent this AD as an emergency AD to all known U.S. owners and operators of these airplanes. This AD was prompted by reports of in-service pitch trim actuator failures on one load path. This AD requires an operational check of the pitch trim actuator of the horizontal stabilizer, an option to do a pitch trim verification, and applicable on-condition actions. 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 89 (Friday, May 8, 2026)</title>
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[Federal Register Volume 91, Number 89 (Friday, May 8, 2026)]
[Rules and Regulations]
[Pages 25102-25105]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09172]
[[Page 25102]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2026-3877; Project Identifier MCAI-2026-00437-T;
Amendment 39-23333; AD 2026-08-52]
RIN 2120-AA64
Airworthiness Directives; 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 EMB-545 and EMB-550 airplanes. The FAA previously
sent this AD as an emergency AD to all known U.S. owners and operators
of these airplanes. This AD was prompted by reports of in-service pitch
trim actuator failures on one load path. This AD requires an
operational check of the pitch trim actuator of the horizontal
stabilizer, an option to do a pitch trim verification, and applicable
on-condition actions. The FAA is issuing this AD to address the unsafe
condition on these products.
DATES: This AD is effective May 26, 2026. Emergency AD 2026-08-52,
issued on April 20, 2026, which contains the requirements of this
amendment, was effective with actual notice.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of May 26,
2026.
The FAA must receive comments on this AD by June 22, 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-2026-3877; 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 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#c7b7a6a487a6a9a6a4e9a0a8b1e9a5b5"><span class="__cf_email__" data-cfemail="6a1a0b092a0b040b09440d051c440818">[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-2026-3877.
FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: 516-
228-7343; email: <a href="/cdn-cgi/l/email-protection#0c4b6d6e7e6569602248224765614c6a6d6d226b637a"><span class="__cf_email__" data-cfemail="afe8cecdddc6cac381eb81e4c6c2efc9cece81c8c0d9">[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-2026-3877; Project
Identifier MCAI-2026-00437-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.
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 Gabriel
Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516-228-7343; email: <a href="/cdn-cgi/l/email-protection#b5f2d4d7c7dcd0d99bf19bfedcd8f5d3d4d49bd2dac3"><span class="__cf_email__" data-cfemail="397e585b4b505c55177d17725054795f5858175e564f">[email protected]</span></a>.
Any commentary that the FAA receives that is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.
Background
The FAA issued Emergency AD 2026-08-52, dated April 20, 2026 (the
emergency AD), to address an unsafe condition on all Embraer S.A. Model
EMB-545 and EMB-550 airplanes. The FAA sent the emergency AD to all
known U.S. owners and operators of these airplanes. The emergency AD
requires an operational check of the pitch trim actuator of the
horizontal stabilizer, an option to do a pitch trim verification, and
applicable on-condition actions.
The emergency AD was prompted by ANAC Emergency AD 2026-04-02,
effective April 20, 2026 (ANAC Emergency AD 2026-04-02) (also referred
to as the MCAI), issued by ANAC, which is the aviation authority for
Brazil, to correct an unsafe condition on all Embraer S.A. Model EMB-
545 and EMB-550 airplanes. The MCAI states there have been reports of
failures on one load path of the pitch trim actuator of the airplane
horizontal stabilizer, during the accomplishment of the scheduled
maintenance task: operational check of pitch trim actuator
irreversibility. This failure increases the risk of failure on both
load paths of the pitch trim actuator, and may leave the airplane
horizontal stabilizer free to move according to aerodynamic loads,
which may result in loss of control of the airplane. 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-2026-3877.
[[Page 25103]]
Material Incorporated by Reference Under 1 CFR Part 51
ANAC Emergency AD 2026-04-02 specifies procedures for an
operational check of the pitch trim actuator of the horizontal
stabilizer, an option to do a pitch trim verification, and applicable
on-condition actions. The on-condition actions include replacing the
pitch trim actuator if the operational check fails (i.e., either the
TEST STATUS field is TEST FAILED after five minutes, or the TEST STATUS
field is TEST ABORTED after repeating the operational check five times)
or if the pitch trim verification fails, and performing an operational
check on the replaced pitch trim actuator. ANAC Emergency AD 2026-04-02
also specifies reporting the data from the operational check and pitch
trim verification.
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 described 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.
AD Requirements
This AD requires accomplishing the actions specified in ANAC
Emergency AD 2026-04-02 described previously, except for any
differences identified as exceptions in the regulatory text of this 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,
ANAC Emergency AD 2026-04-02 is incorporated by reference in this AD.
This AD requires compliance with ANAC Emergency AD 2026-04-02 in its
entirety through that incorporation, except for any differences
identified as exceptions in the regulatory text of this AD. Material
required by ANAC Emergency AD 2026-04-02 for compliance will be
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2026-3877 after this
AD is published.
Interim Action
The FAA considers that this AD is an interim action. The inspection
reports required by this AD would enable the manufacturer to obtain
better insight into the nature, cause, and extent of the unsafe
condition and eventually to develop final action to address the unsafe
condition. Once final action has been identified, the FAA might
consider further rulemaking.
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.
An unsafe condition exists that required the immediate adoption of
Emergency AD 2026-08-52 issued on April 20, 2026, to all known U.S.
owners and operators of these airplanes. The FAA found that the risk to
the flying public justified forgoing notice and comment prior to
adoption of this rule because of reports of in-service pitch trim
actuator failures on one load path, which, if not addressed, could
increase the risk of losing both load paths of the pitch trim actuator,
potentially allowing the horizontal stabilizer to move freely under
aerodynamic loads and could result in loss of control of the airplane.
Additionally, the compliance time in this AD is shorter than the time
necessary for the public to comment and for publication of the final
rule. These conditions still exist, therefore, notice and opportunity
for prior public comment are impracticable and contrary to the public
interest pursuant to 5 U.S.C. 553(b).
In addition, 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,
for the same reasons the FAA found good cause to forgo notice and
comment.
Regulatory Flexibility Act
The requirements of the Regulatory Flexibility Act (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
The FAA estimates that this AD affects 294 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this 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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2 work-hours x $85 per hour = $170........................... $0 $170 $49,980
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Estimated Costs for Optional Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
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1 work-hour x $85 per hour = $85...... $0 $85
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[[Page 25104]]
The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required or optional actions. The FAA has no way of determining the
number of aircraft that might need these on-condition actions:
Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
Cost per
Labor cost Parts cost product
------------------------------------------------------------------------
44 work-hours x $85 per hour = $3,740. $150,000 $153,740
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this AD may be covered under warranty, thereby reducing the cost impact
on affected operators.
Paperwork Reduction Act
A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to a penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a currently valid OMB Control Number. The OMB
Control Number for this information collection is 2120-0056. Public
reporting for this collection of information is estimated to take
approximately 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.
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:
2026-08-52 Embraer S.A.: Amendment 39-23333; Docket No. FAA-2026-
3877; Project Identifier MCAI-2026-00437-T.
(a) Effective Date
The FAA issued Emergency Airworthiness Directive (AD) 2026-08-52
on April 20, 2026 (also referred to as the emergency AD), directly
to affected owners and operators. As a result of such actual notice,
the emergency AD was effective for those owners and operators on the
date it was received. This AD contains the same requirements as the
emergency AD and, for those who did not receive actual notice, is
effective on May 26, 2026.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all Embraer S.A. Model EMB-545 and EMB-550
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 27, Flight
controls.
(e) Unsafe Condition
This AD was prompted by reports of in-service pitch trim
actuator failures on one load path. The FAA is issuing this AD to
address pitch trim actuator failures. The unsafe condition, if not
addressed, could increase the risk of losing both load paths of the
pitch trim actuator, potentially allowing the horizontal stabilizer
to move freely under aerodynamic loads, which could result in loss
of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
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) Emergency AD 2026-04-02, effective April 20, 2026 (ANAC
Emergency AD 2026-04-02).
(h) Exceptions to ANAC Emergency AD 2026-04-02
(1) Where ANAC Emergency AD 2026-04-02 refers to its effective
date, this AD requires using the effective date of this AD.
(2) Where paragraph (a)(1)(i) of ANAC Emergency AD 2026-04-02
specifies ``in case of fail of the airplane HS PTA OPC'', this AD
requires replacing that text with ``in case of failure of the
airplane HS PTA OPC (i.e., either the TEST STATUS field is TEST
FAILED after five minutes, or the TEST STATUS field is TEST ABORTED
after repeating the operational check five times)''.
(3) Where paragraph (a)(1)(i) of ANAC Emergency AD 2026-04-02
specifies, in case of failure, to replace the pitch trim actuator
and perform an operational check, this AD requires doing those
actions before further flight.
(4) Where paragraph (a)(1)(ii)(1) of ANAC Emergency AD 2026-04-
02 specifies ``it is
[[Page 25105]]
prohibited to take-off the airplane. Report the failure to the
applicable maintenance service and replace the PTA P/N 492600-1017
by another airworthy PTA with the same P/N, and perform a new OPC on
the new PTA'', this AD requires replacing that text with ``before
further flight, report the failure to the applicable maintenance
service and replace the PTA P/N 492600-1017 by another airworthy PTA
with the same P/N, and perform a new OPC on the new PTA''.
(5) Paragraph (b) of ANAC Emergency AD 2026-04-02 specifies to
report data from the operational check and pitch trim verification.
For this AD, report the data at the applicable time specified in
paragraph (h)(5)(i) or (ii) of this AD.
(i) If the operational check or pitch trim verification was done
on or after the effective date of this AD: Submit the report within
10 days after accomplishing the operational check or pitch trim
verification, as applicable.
(ii) If the operational check or pitch trim verification was
done before the effective date of this AD: Submit the report within
10 days after the effective date of this AD.
(i) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation 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
International Validation 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#8ecfc3c1cdcee8efefa0e9e1f8"><span class="__cf_email__" data-cfemail="61202c2e22210700004f060e17">[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, International
Validation Branch, FAA; or the Ag[ecirc]ncia Nacional de
Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee.
If approved by the ANAC Designee, the approval must include the
Designee's authorized signature.
(j) Additional Information
For more information about this AD, contact Gabriel Kim,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: 516-228-7343; email:
<a href="/cdn-cgi/l/email-protection#bcfbdddeced5d9d092f892f7d5d1fcdadddd92dbd3ca"><span class="__cf_email__" data-cfemail="c483a5a6b6ada1a8ea80ea8fada984a2a5a5eaa3abb2">[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)
Emergency AD 2026-04-02, effective April 20, 2026.
(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#16667775567778777538717960387464"><span class="__cf_email__" data-cfemail="0474656744656a65672a636b722a6676">[email protected]</span></a>.
(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#b3d5c19ddaddc0c3d6d0c7dadcddf3ddd2c1d29dd4dcc5"><span class="__cf_email__" data-cfemail="a1c7d38fc8cfd2d1c4c2d5c8cecfe1cfc0d3c08fc6ced7">[email protected]</span></a>.
Issued on April 28, 2026.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2026-09172 Filed 5-6-26; 4:15 pm]
BILLING CODE 4910-13-P
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