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-2026-11822; Project Identifier MCAI-2026-00384-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 regulations.gov, 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 Taylor Stanley, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 407-852-7677; email: Taylor.Stanley@faa.gov. 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 2024-17-03, Amendment 39-22828 (89 FR 79416, September 30, 2024), for certain Model ( printed page 69234) ERJ 190-100 STD, -100 LR, -100 IGW, and -100 ECJ airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. AD 2024-17-03 was prompted by an MCAI originated by ANAC, which is the aviation authority for Brazil. ANAC issued ANAC AD 2023-12-02, effective December 15, 2023 (ANAC AD 2023-12-02), to correct an unsafe condition.

AD 2024-17-03 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA issued AD 2024-17-03 to address failure of certain system components, which could result in reduced structural integrity and system reliability of the airplane.

Actions Since AD 2024-17-03 Was Issued

Since the FAA issued AD 2024-17-03, ANAC superseded ANAC AD 2023-12-02 and issued ANAC AD 2026-04-01, effective April 13, 2026 (ANAC AD 2026-04-01) (also referred to as the MCAI), for all-Model ERJ 190-100 STD, -100 LR, -100 IGW, -100 SR, and -100 ECJ airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. Model ERJ 190-100 SR airplanes are not certificated by the FAA and are not included on the U.S. type certificate data sheet; this proposed AD therefore does not include those airplanes in the applicability. The MCAI states that new or more restrictive airworthiness limitations have been developed.

The FAA is proposing this AD to address failure of certain system components, which could result in reduced structural integrity and system reliability of the airplane.

You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2026-11822.

Material Incorporated by Reference Under 1 CFR Part 51

ANAC AD 2026-04-01 specifies new or more restrictive airworthiness limitations for airplane structures and safe life limits.

This proposed AD would also require ANAC AD 2023-12-02, effective December 15, 2023, which the Director of the Federal Register approved for incorporation by reference as of November 4, 2024 (89 FR 79416, September 30, 2024).

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 2024-17-03. This proposed AD would also require revising the existing maintenance or inspection program, as applicable, to incorporate additional new or more restrictive airworthiness limitations, which are specified in ANAC AD 2026-04-01 already described, as proposed for incorporation by reference. Any differences with ANAC AD 2026-04-01 are identified as exceptions in the regulatory text of this proposed AD.

This proposed AD would require revisions to certain operator maintenance documents to include new actions ( e.g., inspections) and Critical Design Configuration Control Limitations (CDCCLs). Compliance with these actions and CDCCLs is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance (AMOC) according to paragraph (l)(1) of this proposed AD.

Other Relevant Rulemaking

The FAA issued AD 2025-14-05, Amendment 39-23083 (90 FR 34168, July 21, 2025) (AD 2025-14-05), which applies to certain Model ERJ 170-100 LR, -100 STD, -100 SE, -100 SU, -200 LR, -200 SU, -200 STD, and -200 LL airplanes; and Model ERJ 190-100 STD, -100 LR, -100 ECJ, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. AD 2025-14-05 requires repetitive detailed inspections for cracking of the engine inboard and outboard engine pylon lower link lugs, and repair if necessary. AD 2025-14-05 also specifies that revising the maintenance or inspection program to incorporate airworthiness limitations documents at a certain revision, or later revisions approved by ANAC, is terminating action for the repetitive inspections.

This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations as specified in a later revision of the airworthiness limitations documents. Therefore, accomplishing the requirements of this proposed AD would terminate the requirements of AD 2025-14-05 for Model ERJ 190-100 STD, -100 LR, -100 IGW, and -100 ECJ airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes.

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 retain the Incorporation by Reference (IBR) of ANAC AD 2023-12-02 and incorporate ANAC AD 2026-04-01 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with ANAC AD 2023-12-02 and ANAC AD 2026-04-01 through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Material required by ANAC AD 2023-12-02 is available at regulations.gov by searching for and locating Docket No. FAA-2024-0994 and material required by ANAC AD 2026-04-01 for compliance will be available at regulations.gov by searching for and locating Docket No. FAA-2026-11822 after the FAA final rule is published.

Airworthiness Limitation ADs Using the New Process

The FAA's process of incorporating by reference MCAI ADs as the primary source of information for compliance with corresponding FAA ADs has been limited to certain MCAI ADs (primarily those with service bulletins as the primary source of information for accomplishing the actions required by the FAA AD). However, the FAA is now expanding the process to include MCAI ADs that require a change to airworthiness limitation documents, such as airworthiness limitation sections.

For these ADs that incorporate by reference an MCAI AD that changes airworthiness limitations, the FAA requirements are unchanged. Operators ( printed page 69235) must revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in the new airworthiness limitation document. The airworthiness limitations must be followed according to 14 CFR 91.403(c) and 91.409(e).

Costs of Compliance

The FAA estimates that this AD, if adopted as proposed, would affect 46 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD:

The FAA estimates the total cost per operator for the retained actions from AD 2024-17-03 to be $7,650 (90 work-hours × $85 per work-hour).

The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 work-hours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the FAA estimates the average total cost per operator for the new proposed actions to be $7,650 (90 work-hours × $85 per work-hour).

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.

The Proposed Amendment

Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

1. The authority citation for part 39 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

2. The FAA amends § 39.13 by:

a. Removing Airworthiness Directive (AD) 2024-17-03, Amendment 39-22828 ( 89 FR 79416, September 30, 2024); and

b. Adding the following new AD:

Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.): Docket No. FAA-2026-11822; Project Identifier MCAI-2026-00384-T.

(a) Comments Due Date

The FAA must receive comments on this airworthiness directive (AD) by December 18, 2026.

(b) Affected ADs

(1) This AD replaces AD 2024-17-03, Amendment 39-22828 (89 FR 79416, September 30, 2024) (AD 2024-17-03).

(2) This AD affects AD 2025-14-05, Amendment 39-23083 (90 FR 34168, July 21, 2025) (AD 2025-14-05).

(c) Applicability

This AD applies to all Embraer S.A. (Type Certificate previously held by Yaborã Indústria Aeronáutica S.A.; Embraer S.A.) Model ERJ 190-100 STD, -100 LR, -100 IGW, -100 ECJ, and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes, certificated in any category.

(d) Subject

Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.

(e) Unsafe Condition

This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address failure of certain system components. The unsafe condition, if not addressed, could result in reduced structural integrity and system reliability of the airplane.

(f) Compliance

Comply with this AD within the compliance times specified, unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection Program, With a New Terminating Action for Certain Limitations

This paragraph restates the requirement of paragraph (i) of AD 2024-17-03, with a new termination action for certain limitations. For airplanes identified in Agência Nacional de Aviação Civil (ANAC) AD 2023-12-02, effective December 15, 2023 (ANAC AD 2023-12-02): 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 2023-12-02. Accomplishing the revision of the existing maintenance or inspection program required by paragraph (i) of this AD for Part 2, Airworthiness Limitation Inspections—Structures, and Part 4, Life Limited Items, terminates the corresponding Part 2 and Part 4 limitations required by this paragraph only.

(h) Retained Exceptions to ANAC AD 2023-12-02, With No Changes

This paragraph restates paragraph (j) of AD 2024-17-03, with no changes.

(1) Where ANAC AD 2023-12-02 refers to its effective date, this AD requires using November 4, 2024 (the effective date of FAA AD 2024-17-03).

(2) This AD does not adopt paragraph (d) of ANAC AD 2023-12-02.

(3) Where paragraph (c) of ANAC AD 2023-12-02 refers to “alternative inspections or inspection intervals,” for this AD, replace that text with “alternative actions ( e.g., inspections), intervals, and CDCCLs.”

(i) New Revision of the Existing Maintenance or Inspection Program

Except as specified in paragraph (j) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, Agência Nacional de Aviação Civil (ANAC) AD 2026-04-01, effective April 13, 2026 (ANAC AD 2026-04-01). Accomplishing the revision of the existing maintenance or inspection program required by this paragraph for Part 2, Airworthiness Limitation Inspections—Structures, and Part 4, Life Limited Items, terminates the corresponding Part 2 and Part 4 limitations requirements of paragraph (g) of this AD only.

(j) Exceptions to ANAC AD 2026-04-01

(1) This AD does not adopt paragraph (b) of ANAC AD 2026-04-01.

(2) Where paragraph (c) of ANAC AD 2026-04-01 refers to its effective date, this ( printed page 69236) AD requires using the effective date of this AD.

(3) Where paragraph (d) of ANAC AD 2026-04-01 refers to “alternative inspections or inspection intervals”, for this AD, replace that text with “alternative actions ( e.g., inspections), intervals, and CDCCLs”.

(4) Where paragraph (d) of ANAC AD 2026-04-01 refers to “alternative inspection or interval”, for this AD, replace that text with “alternative action, interval, or CDCCL”.

(5) This AD does not adopt paragraph (e) of ANAC AD 2026-04-01.

(k) Terminating Action for AD 2025-14-05

Accomplishing the revision of the existing maintenance or inspection program required by paragraph (i) of this AD terminates all requirements of AD 2025-14-05 for Model ERJ 190-100 STD, -100 LR, -100 IGW, -100 ECJ, and Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes only.

(l) 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 (m) of this AD and email to: AMOC@faa.gov. 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.

(m) Additional Information

For more information about this AD, contact Taylor Stanley, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 407-852-7677; email: Taylor.Stanley@faa.gov.

(n) 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.

(3) The following material was approved for IBR on [DATE 35 DAYS AFTER PUBLICATION OF THE FINAL RULE].

(i) Agência Nacional de Aviação Civil (ANAC) AD 2026-04-01, effective April 13, 2026.

(ii) [Reserved]

(4) The following material was approved for IBR on November 4, 2024 (89 FR 79416, September 30, 2024).

(i) ANAC AD 2023-12-02, effective December 15, 2023.

(ii) [Reserved]

(5) 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—São José dos Campos—SP, Brazil; telephone 55 (12) 3203-6600; email pac@anac.gov.br. You may find this material on the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp.

(6) 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.

(7) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/​federal-register/​cfr/​ibr-locations or email fr.inspection@nara.gov.

91 FR 69233