Special Conditions: Embraer S.A. Model ERJ 190-400 Airplane; Embraer Enhanced Takeoff System

Issuing agencies

Abstract

This action proposes special conditions for the Embraer S.A. (Embraer) Model ERJ 190-400 series airplane. This airplane will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport category airplanes. This design feature is a functionality known as the Embraer Enhanced Takeoff System (E\2\TS). The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These proposed special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Full Text

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<title>Federal Register, Volume 91 Issue 206 (Tuesday, October 27, 2026)</title>
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[Federal Register Volume 91, Number 206 (Tuesday, October 27, 2026)]
[Proposed Rules]
[Pages 67530-67532]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21907]


========================================================================
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. 206 / Tuesday, October 27, 2026 / 
Proposed Rules

[[Page 67530]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2026-10627; Notice No. 25-898-SC]


Special Conditions: Embraer S.A. Model ERJ 190-400 Airplane; 
Embraer Enhanced Takeoff System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Embraer S.A. 
(Embraer) Model ERJ 190-400 series airplane. This airplane will have a 
novel or unusual design feature when compared to the state of 
technology envisioned in the airworthiness standards for transport 
category airplanes. This design feature is a functionality known as the 
Embraer Enhanced Takeoff System (E\2\TS). The applicable airworthiness 
regulations do not contain adequate or appropriate safety standards for 
this design feature. These proposed special conditions contain the 
additional safety standards that the Administrator considers necessary 
to establish a level of safety equivalent to that established by the 
existing airworthiness standards.

DATES: Send comments on or before November 27, 2026.

ADDRESSES: Send comments identified by Docket No. FAA-2026-10627 using 
any of the following methods:
    Federal eRegulations Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and follow 
the online instructions for sending your comments electronically.
    Mail: Send comments to Docket Operations, M-30, U.S. Department of 
Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West 
Building Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in 
Room W12-140 of the West Building Ground Floor at 1200 New Jersey 
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at 202-493-2251.
    Docket: Background documents or comments received may be read at 
<a href="http://www.regulations.gov">www.regulations.gov</a> at any time. Follow the online instructions for 
accessing the docket or go to Docket Operations in Room W12-140 of the 
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, 
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Troy Brown, Flight Performance and 
Human Factors Section, AIR-687, Certification Standards Division, 
Aircraft Certification Service, Federal Aviation Administration, 1801 S 
Airport Rd., Wichita, KS 67209-2190; telephone and fax 405-666-1050; 
email <a href="/cdn-cgi/l/email-protection#97e3e5f8eeb9f6b9f5e5f8e0f9d7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="3541475a4c1b541b57475a425b755354541b525a43">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested people to take part in this rulemaking 
by sending written comments, data, or views. The most helpful comments 
reference a specific portion of the proposed special conditions, 
explain the reason for any recommended change, and include supporting 
data.
    The FAA will consider all comments received by the closing date for 
comments, and will consider comments filed late if it is possible to do 
so without incurring delay. The FAA may change these special conditions 
based on the comments received.

Privacy

    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in title 
14, Code of Federal Regulations (14 CFR) 11.35, the FAA will post all 
comments received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any 
personal information you provide. The FAA will also post a report 
summarizing each substantive verbal contact received about these 
special conditions.

Confidential Business Information

    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 
these special conditions contain commercial or financial information 
that is customarily treated as private, that you actually treat as 
private, and that is relevant or responsive to these special 
conditions, 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 the indicated comments will not be 
placed in the public docket of these proposed special conditions. Send 
submissions containing CBI to the individual listed in the For Further 
Information Contact section above. Comments the FAA receives, which are 
not specifically designated as CBI, will be placed in the public docket 
for these proposed special conditions.

Background

    On December 5, 2021, Embraer applied for a change to Type 
Certificate No. A57NM to add a functionality known as E\2\TS in the 
Model ERJ 190-400 series airplane. The Embraer Model ERJ 190-400 series 
airplane is a twin-engine, transport category airplane with a maximum 
passenger capacity of 146, and a maximum takeoff weight of 135,584 
pounds.

Type Certification Basis

    Under the provisions of 14 CFR 21.101, Embraer must show that the 
changes to the Embraer Model ERJ 190-400 series airplane continue to 
meet the applicable provisions of the regulations listed in Type 
Certificate No. A57NM or the applicable regulations in effect on the 
date of application for the change, except for earlier amendments as 
agreed upon by the FAA.
    If the Administrator finds that the applicable airworthiness 
regulations (e.g., 14 CFR part 25) do not contain adequate or 
appropriate safety standards for the Embraer Model ERJ 190-400 series 
airplane because of a novel or unusual design feature, special 
conditions are prescribed under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which 
they are issued. Should the type certificate

[[Page 67531]]

for that model be amended later to include any other model that 
incorporates the same novel or unusual design feature, or should any 
other model already included on the same type certificate be modified 
to incorporate the same novel or unusual design feature, these special 
conditions would also apply to the other model under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special 
conditions, the Embraer Model ERJ 190-400 series airplane must comply 
with the exhaust emission requirements of 14 CFR part 34, and the 
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in 
accordance with 14 CFR 11.38, and they become part of the type 
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Embraer Model ERJ 190-400 series airplane will incorporate the 
following novel or unusual design feature:
    The Embraer ERJ 190-400 airplane will have a functionality known as 
Embraer Enhanced Takeoff System (E\2\TS), a function which 
automatically controls the airplane's pitch and bank angle without 
pilot input to the airplane controls.

Discussion

    E\2\TS is an autoflight function specifically designed to improve 
takeoff performance and enhance operational safety. It is engaged at 
the beginning of the takeoff roll, when the thrust levers are advanced 
to the takeoff go-around (TOGA) detent. Upon engagement, the airplane 
control in pitch--including the takeoff rotation maneuver and initial 
climb-out--will be automatically performed, without any pilot 
intervention. Control of the bank angle will also be automatically 
performed by E\2\TS, maintaining wings level while the airplane is on 
the ground and the directional tracking when the airplane is in the 
air. During the ground run, the flight crew is responsible for 
maintaining runway centerline via manual directional control, with 
augmentation provided by the E\2\TS to minimize heading deviations.
    Once the airplane is airborne, E\2\TS provides control using 
sideslip as the reference. If all engines are operating (AEO), zero 
sideslip is the reference; if one engine is inoperative (OEI), then the 
Best Beta is considered as the sideslip reference. It is noted that any 
flight crew intervention on the rudder pedal is summed with the rudder 
controls that are output by the E\2\TS mode.
    Takeoff performance requirements of 14 CFR part 25 require the 
ability to safely complete the takeoff or bring the airplane to a 
complete stop in a rejected takeoff. As written, the takeoff 
performance requirements presuppose manual flying with a human pilot 
onboard making certain decisions and taking action. In fact, paragraph 
4.4.5.1 of AC 25-7D reads: ``The rotation speed, V<INF>R</INF>, is 
intended to be the speed at which the pilot initiates action to raise 
the nose wheel(s) off the ground during the acceleration to 
V<INF>2</INF>.'' The current regulations do not take into consideration 
that the takeoff rotation is being performed by an automatic system, 
not a human being.
    These special conditions specifically address paragraphs 
25.107(e)(3) and (e)(4), which deal with human pilot variability 
effects in flying the airplane (formerly called ``takeoff abuse 
tests''). That is, instead of considering the ``reasonably expected 
variations in service'' of the original rules, one should now consider 
``maximum expected deviations'' due to sensor accuracy and system 
tolerances.
    Furthermore, for E\2\TS operation, V<INF>R</INF> is the speed at 
which this system will perform the rotation, and the speed the pilot 
will use to monitor the automatic rotation. Determination of ``maximum 
expected deviations of V<INF>R</INF>'' should reflect ``in-service'' 
variations and may be done using a combination of analyses, 
simulations, and certification flight tests, including, but not limited 
to, performance and handling qualities tests. Such analyses will result 
in a deviation that should ensure a level of safety equivalent to or 
higher than operational flights with conventional takeoffs (manual 
takeoff with pilot in the loop).
    Lastly, to ensure consistency between flight test demonstrations 
and actual, in-service operations, compliance with 14 CFR 25.101 must 
be shown, especially paragraphs 25.101(d), (e), (f), and (h).
    When demonstrating compliance with these special conditions, the 
following guidance applies:
    <bullet> The FAA understands that the automatic rotation provided 
by E\2\TS function is expected to reduce rotation variabilities as 
human piloting variabilities will not be present. Paragraph 
25.107(e)(1)(iv) requires an airplane ``maximum practicable rate'' 
rotation maneuver. However, sensor inaccuracies and system tolerances 
will still be present and should be considered as residual 
variabilities. These residual variabilities should be evaluated in the 
operational envelope (considering weight, CG, thrust, altitude, 
temperature, and wind) in a manner that the V<INF>LOF</INF>/
V<INF>MU</INF> required margins from 25.107(e)(1)(iv) can be met 
considering the maximum expected deviations on V<INF>LOF</INF>.
    <bullet> Any demonstrations required to show compliance to these 
special conditions should consider the operational envelope (i.e., 
weight, CG, thrust, altitude, temperature, and winds) in a manner that 
the required margins on Airplane Flight Manual (AFM) takeoff distance 
can be met considering the maximum expected deviations. Performance 
testing should be executed in limited wind conditions and calculations 
should assume no wind gusts. Wind gusts need not be considered in 
demonstrations for compliance with these special conditions.
    The proposed special conditions contain the additional safety 
standards that the Administrator considers necessary to establish a 
level of safety equivalent to that established by the existing 
airworthiness standards.

Applicability

    As discussed above, these proposed special conditions are 
applicable to the model for which they are issued. Should the type 
certificate for that model be amended later to include any other model 
that incorporates the same novel or unusual design feature, or should 
any other model already included on the same type certificate be 
modified to incorporate the same novel or unusual design feature, these 
special conditions would apply to the other model as well.

Conclusion

    This action affects only a certain novel or unusual design feature 
on one model of airplanes. It is not a rule of general applicability.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

Authority Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 40113, 44701, 44702, and 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the 
following special conditions as part of the type certification basis 
for Embraer Model ERJ 190-400 series airplanes.
    (a) In lieu of compliance with 25.107(e)(3), for automatic takeoff 
systems, the one-engine inoperative takeoff distance, accounting for 
the maximum expected deviation of V<INF>R</INF> allowed by E\2\TS, must 
not exceed the

[[Page 67532]]

corresponding AFM takeoff distance established in accordance with Sec.  
25.113(a)(1).
    (b) In lieu of compliance with 25.107(e)(4), for automatic takeoff 
systems, accounting for the maximum expected deviation of V<INF>R</INF> 
allowed by E\2\TS, or in out-of-trim conditions, the all-engines-
operating takeoff distance must not exceed the corresponding AFM 
takeoff distance, established in accordance with Sec.  25.113(a), by 
more than 1%. Deviations of other parameters that might influence pitch 
rotation dynamics (e.g., pitch angle, pitch rate) must be accounted 
for, unless the effect of such deviations on the takeoff distance is 
shown to be negligible.
    (c) Operation of the E2TS function must not result in unsafe flight 
characteristics.

    Issued in Des Moines, Washington, on October 7, 2026.
Paul R. Siegmund,
Manager, Transport Airplane and Turbine Engine Standards Branch, 
Certification Standards Division, Aircraft Certification Service.
[FR Doc. 2026-21907 Filed 10-26-26; 8:45 am]
BILLING CODE 4910-13-P


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