Airworthiness Directives; Embraer S.A. Airplanes

Issuing agencies

Abstract

The FAA proposes to supersede Airworthiness Directive (AD) 2024-05-13, which applied to all Embraer S.A. Model EMB-545 and EMB-550 airplanes. AD 2024-05-13 requires revising the Limitations and Normal Procedures sections of the existing airplane flight manual (AFM) to incorporate new operational airspeed limitations, and flight control limitations and approach procedures when angle of attack (AOA) limiter protection is engaged. AD 2024-05-13 also requires inspecting records for instances of AOA limiter engagement during a certain phase of flight and reporting findings to the FAA. Since the FAA issued AD 2024- 05-13, the manufacturer developed a modification to the flight control computer (FCC) software and related AFM revisions. This proposed AD would continue to require certain actions in AD 2024-05-13. This proposed AD would also require updating the FCC software and incorporating a new revision of the existing AFM, which would terminate the operational airspeed limitations, and flight control limitations and approach procedures when AOA limiter protection is engaged. 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 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Proposed Rules]
[Pages 62344-62347]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20076]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 91, No. 189 / Thursday, October 1, 2026 / 
Proposed Rules

[[Page 62344]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2026-11796; Project Identifier MCAI-2025-01206-T]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2024-05-13, which applied to all Embraer S.A. Model EMB-545 and EMB-550 
airplanes. AD 2024-05-13 requires revising the Limitations and Normal 
Procedures sections of the existing airplane flight manual (AFM) to 
incorporate new operational airspeed limitations, and flight control 
limitations and approach procedures when angle of attack (AOA) limiter 
protection is engaged. AD 2024-05-13 also requires inspecting records 
for instances of AOA limiter engagement during a certain phase of 
flight and reporting findings to the FAA. Since the FAA issued AD 2024-
05-13, the manufacturer developed a modification to the flight control 
computer (FCC) software and related AFM revisions. This proposed AD 
would continue to require certain actions in AD 2024-05-13. This 
proposed AD would also require updating the FCC software and 
incorporating a new revision of the existing AFM, which would terminate 
the operational airspeed limitations, and flight control limitations 
and approach procedures when AOA limiter protection is engaged. 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 November 
16, 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-2026-11796; 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#92e2f3f1d2f3fcf3f1bcf5fde4bcf0e0"><span class="__cf_email__" data-cfemail="c0b0a1a380a1aea1a3eea7afb6eea2b2">[email&#160;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-2026-11796.
    <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: Deondre Harris, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 404-474-5586; email: <a href="/cdn-cgi/l/email-protection#56323339383224337832783e3724243f251630373778313920"><span class="__cf_email__" data-cfemail="a5c1c0cacbc1d7c08bc18bcdc4d7d7ccd6e5c3c4c48bc2cad3">[email&#160;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-2026-11796; 
Project Identifier MCAI-2025-01206-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 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 
Deondre Harris, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, 
Suite 410, Westbury, NY 11590; phone: 404-474-5586; email: 
<a href="/cdn-cgi/l/email-protection#4c28292322283e29622862242d3e3e253f0c2a2d2d622b233a"><span class="__cf_email__" data-cfemail="b6d2d3d9d8d2c4d398d298ded7c4c4dfc5f6d0d7d798d1d9c0">[email&#160;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 2024-05-13, Amendment 39-22705 (89 FR 20846, 
March 26, 2024) (AD 2024-05-13), for all Embraer S.A. Model EMB-545 and 
EMB-550 airplanes. AD 2024-05-13 was prompted by an MCAI originated by

[[Page 62345]]

ANAC, which is the aviation authority for Brazil. ANAC issued ANAC AD 
2024-02-02, effective February 26, 2024 (ANAC AD 2024-02-02), to 
correct an unsafe condition.
    AD 2024-05-13 requires revising the Limitations and Normal 
Procedures sections of the existing AFM to incorporate new operational 
airspeed limitations, and flight control limitations and approach 
procedures when AOA limiter protection is engaged. AD 2024-05-13 also 
requires inspecting records for instances of AOA limiter engagement 
during a certain phase of flight and reporting findings to the FAA. The 
FAA issued AD 2024-05-13 to address AOA limiter engagement during the 
final approach phase when the landing flare is commanded, which could 
reduce pitch response during a critical phase of flight near the 
ground. In unstable air conditions, this condition, if not addressed, 
could result in a high-rate-of-descent landing and consequent 
catastrophic structural damage to the airplane on landing.

Actions Since AD 2024-05-13 Was Issued

    Since the FAA issued AD 2024-05-13, ANAC superseded ANAC AD 2024-
02-02 and issued ANAC AD 2024-02-02R1, effective July 14, 2025 (ANAC AD 
2024-02-02R1) (also referred to as the MCAI), to correct an unsafe 
condition for all Embraer S.A. Model EMB-545 and EMB-550 airplanes. The 
MCAI states that a hard landing event with substantial damage to the 
airplane was reported, in which the AOA limiter was engaged during the 
final approach phase in unstable air conditions and remained engaged 
until the airplane touched down on the runway.
    The preamble to AD 2024-05-13 specifies that the FAA considers that 
AD an interim action and that the FAA might consider further rulemaking 
if a final action is developed. The manufacturer has since developed a 
modification to the FCC software and related AFM revisions to address 
the unsafe condition. The FAA has determined that modification should 
be required; this proposed AD follows from that determination.
    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-2026-11796.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2024-05-13, this proposed AD would retain all of the 
requirements of AD 2024-05-13, except the records inspections and 
reporting requirement. The retained requirements are referenced in ANAC 
AD 2024-02-02R1, which, in turn, is referenced in paragraph (g) of this 
proposed AD.

Material Incorporated by Reference Under 1 CFR Part 51

    ANAC AD 2024-02-02R1 specifies procedures for revising the 
Limitations and Normal Procedures sections of the existing AFM to 
incorporate operational airspeed limitations, and flight control 
limitations and approach procedures when AOA limiter protection is 
engaged. ANAC AD 2024-02-02R1 also specifies procedures for updating 
the FCC software to part number 494910-1011 and incorporating a new 
revision of the existing AFM, which would terminate the operational 
airspeed limitations, and flight control limitations and approach 
procedures when AOA limiter protection is engaged. The FCC software 
update includes reidentifying FCC 1 and FCC 2.
    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 retain certain requirements of AD 2024-05-
13. This proposed AD would require accomplishing the actions specified 
in ANAC AD 2024-02-02R1 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.

Compliance With AFM Revisions

    FAA regulations require that operators furnish to pilots any 
changes to the AFM (for example, 14 CFR 121.137), and to ensure the 
pilots are familiar with the AFM (for example, 14 CFR 91.505). As with 
any other flightcrew training requirement, training on the updated AFM 
content is tracked by the operators and recorded in each pilot's 
training record, which is available for the FAA to review. FAA 
regulations also require pilots to follow the procedures in the 
existing AFM including all updates. Section 91.9 requires that any 
person operating a civil aircraft must comply with the operating 
limitations specified in the AFM.

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 2024-02-02R1 by reference in the 
FAA final rule. This proposed AD would, therefore, require compliance 
with ANAC AD 2024-02-02R1 through that incorporation, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD. Material required by ANAC AD 2024-02-02R1 for compliance 
will be available at <a href="http://regulations.gov">regulations.gov</a> by searching for and locating 
Docket No. FAA-2026-11796 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD affects 340 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2024-05-  1 work-hours x $85               $0  $85................  $28,900.
 13.                                per hour = $85.

[[Page 62346]]

 
New actions......................  Up to 4 work-hours               $0  Up to $340.........  Up to $115,600.
                                    x $85 per hour =
                                    $340.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected operators. The FAA does not control warranty coverage for 
affected operators. As a result, the FAA has included all known costs 
in the cost estimate.

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.

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:
0
a. Removing Airworthiness Directive (AD) 2024-05-13, Amendment 39-22705 
(89 FR 20846, March 26, 2024); and
0
b. Adding the following new AD:

Embraer S.A.: Docket No. FAA-2026-11796; Project Identifier MCAI-
2025-01206-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 16, 2026.

(b) Affected ADs

    This AD replaces AD 2024-05-13, Amendment 39-22705 (89 FR 20846, 
March 26, 2024) (AD 2024-05-13).

(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 22, Auto Flight.

(e) Unsafe Condition

    This AD was prompted by a report of a hard landing event with 
substantial damage to the airplane, in which the angle of attack 
(AOA) limiter was engaged during the final approach phase in 
unstable air conditions and remained engaged until the airplane 
touched down on the runway. The FAA is issuing this AD to address 
AOA limiter engagement during the final approach phase when the 
landing flare is commanded, which could reduce pitch response during 
a critical phase of flight near the ground. In unstable air 
conditions, this condition, if not addressed, could result in a high 
rate-of-descent landing and consequent catastrophic structural 
damage to the airplane on landing.

(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 2024-02-02R1, effective July 14, 2025 (ANAC AD 2024-
02-02R1).

    Note 1 to paragraph (g): Embraer EMB-545/EMB-550 Stall 
Protection, General Publication GP-8073, Revision 1, dated February 
16, 2024, provides additional guidance regarding the actions 
required by this AD.

(h) Exceptions to ANAC AD 2024-02-02R1

    (1) Where ANAC AD 2024-02-02R1 refers to February 26, 2024 (the 
effective date of ANAC AD 2024-02-02), this AD requires using April 
10, 2024 (the effective date of AD 2024-05-13).
    (2) Where ANAC AD 2024-02-02R1 refers to its effective date, 
this AD requires using the effective date of this AD.
    (3) This AD does not adopt paragraph (e) of ANAC AD 2024-02-
02R1.

(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)(1) of this AD and email to: 
<a href="/cdn-cgi/l/email-protection#6c2d21232f2c0a0d0d420b031a"><span class="__cf_email__" data-cfemail="bdfcf0f2fefddbdcdc93dad2cb">[email&#160;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 ANAC; or ANAC's authorized Designee. If 
approved by the ANAC Designee, the approval must include the 
Designee's authorized signature.

(j) Additional Information

    (1) For more information about this AD, contact Deondre Harris, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite

[[Page 62347]]

410, Westbury, NY 11590; phone: 404-474-5586; email: 
<a href="/cdn-cgi/l/email-protection#b7d3d2d8d9d3c5d299d399dfd6c5c5dec4f7d1d6d699d0d8c1"><span class="__cf_email__" data-cfemail="5d39383233392f38733973353c2f2f342e1d3b3c3c733a322b">[email&#160;protected]</span></a>.
    (2) For Embraer S.A. material identified in this AD that is not 
incorporated by reference, contact Embraer S.A., Technical 
Publications Section (PC 560), Rodovia Presidente Dutra, km 134, 
12247-004 Distrito Eug[ecirc]nio de Melo--S[atilde]o Jos[eacute] dos 
Campos--SP--Brazil; telephone +55 12 3927-0386; email 
<a href="/cdn-cgi/l/email-protection#1e7a776d6a6c777c5e7b737c6c7f7b6c307d7173307c6c"><span class="__cf_email__" data-cfemail="ceaaa7bdbabca7ac8eaba3acbcafabbce0ada1a3e0acbc">[email&#160;protected]</span></a>; website <a href="http://mytechcare.embraer.com">mytechcare.embraer.com</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 2024-02-02R1, effective July 14, 2025.
    (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#1868797b587976797b367f776e367a6a"><span class="__cf_email__" data-cfemail="2959484a694847484a074e465f074b5b">[email&#160;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#c7a1b5e9aea9b4b7a2a4b3aea8a987a9a6b5a6e9a0a8b1"><span class="__cf_email__" data-cfemail="4325316d2a2d30332620372a2c2d032d2231226d242c35">[email&#160;protected]</span></a>.

    Issued on September 28, 2026.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2026-20076 Filed 9-30-26; 8:45 am]
BILLING CODE 4910-13-P


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