AD 2026-10-18

This AD is effective July 6, 2026.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 6, 2026.

AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA-2025-3993; 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 address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

Material Incorporated by Reference:

• For Agência Nacional de Aviação Civil (ANAC) material identified in this AD, contact ANAC, Continuing Airworthiness Technical Branch (GTAC), Rua Doutor 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; phone: 55 (12) 3203-6600; email: pac@anac.gov.br; website: anac.gov.br/en/. You may find this material on the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp.

• You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (817) 222-5110. It is also available at regulations.gov under Docket No. FAA-2025-3993.

Jim Rutherford, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (816) 329-4165; email: jim.rutherford@faa.gov.

The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Embraer Model EMB-505 airplanes. The NPRM was published in the Federal Register on November 18, 2025 (90 FR 51607). The NPRM was prompted by ANAC AD 2025-04-01, effective April 15, 2025 (ANAC AD 2025-04-01) (also referred to as the MCAI), issued by ANAC, which is the aviation authority for Brazil. The MCAI states that there is a possibility of some airplanes having invalid HS backlash test results due to the use of incorrect test procedures. The excessive backlash may result in an aeroelastic phenomenon exposing the surrounding structure and systems to unacceptable vibration levels and reduced controllability of the airplane.

In the NPRM, the FAA proposed to require inspecting the airplane's LH and RH HS backlash and replacing, as applicable, the LH and RH hinge point attachment parts, the LH or RH pitch trim actuator rod-end attachment parts, and the pitch trim actuator. The FAA is issuing this AD to address the unsafe condition on these products.

You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA-2025-3993.

The FAA received comments from the Citizens Rulemaking Alliance. The following presents the comments received on the NPRM and the FAA's response to each comment.

The Citizens Rulemaking Alliance requested that the FAA provide its justification for finding good cause to bypass notice and comment procedures, reopen the comment period for at least 30 days, and delay enforcement of non-time critical provisions pending comment unless the risk analysis demonstrates a truly imminent hazard. The commenter asserted the FAA has not adequately justified use of the good cause exemption to bypass notice and comment and the 30-day delayed effective date.

The FAA notes the comment was submitted in response to an NPRM for which the FAA provided a 45-day comment period. This final rule is effective 35 days after its publication in the Federal Register. Therefore, no change to this AD is necessary.

The Citizens Rulemaking Alliance stated that the FAA's current practices for IBR frequently fail to meet the legal and regulatory standards for reasonable availability. The commenter called on the FAA to guarantee that all IBR materials are easily and freely accessible to the public and affected parties for the duration of the comment period and to reopen the comment period for at least 30 days to accommodate this access. Furthermore, the commenter requested that, if the manufacturer will not consent to open posting of the IBR materials in the docket, the FAA should either obtain permission to post the materials or provide a detailed technical summary sufficient for meaningful comment.

The FAA notes that ANAC AD 2025-04-01, which is incorporated by reference in this AD, is available to the public on the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp, as explained in the preamble and regulatory text of the NPRM. This material was also posted in the AD docket upon publication of the NPRM. Therefore, the FAA did not change this AD as a result of this comment.

The Citizens Rulemaking Alliance requested that the FAA either provide the factual basis for its Regulatory Flexibility Act (RFA) certification that the AD will not have a significant economic impact on a substantial number of small entities or prepare an initial regulatory flexibility analysis and consider less burdensome alternatives for small operators. The commenter stated that the FAA should also reopen the comment period to allow comment on that analysis.

FAA has considered the AD's impact on small businesses and provides the following factual basis for its RFA certification.

The Regulatory Flexibility Act of 1980, Public Law 96-354, 94 Stat. 1164 (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, Mar. 29, 1996) and the Small Business Jobs Act of 2010 (Pub. L. 111-240, 124 Stat. 2504, Sept. 27, 2010), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term “small entities” comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.

Small Entities to Which This AD Applies

The FAA used the definition of small entities in the RFA for this analysis. The RFA defines small entities as small businesses, small governmental jurisdictions, or small organizations. In 5 U.S.C. 601(3), the RFA defines “small business” to have the same meaning as “small business concern” under section 3 of the Small Business Act. The Small Business Act authorizes the Small Business Administration (SBA) to define “small business” by issuing regulations.

The SBA (2023) has established size standards for various types of economic activities, or industries, under the North American Industry Classification System (NAICS). These size standards generally define small businesses based on the number of employees or annual receipts. The SBA definition of a small business applies to the parent company and all affiliates as a single entity. The following table provides the SBA size standards for all industries with at least one entity impacted by this AD. Note that the FAA does not have entity data on 13 of the 41 affected airplanes, and those airplanes with missing entity data are excluded from this analysis.

To identify small entities, the FAA first identified the primary NAICS of the entity or parent company, and then used data from different sources ( e.g., company annual reports, Bureau of Transportation Statistics) to determine whether the entity meets the applicable size standard. The FAA provides the estimated number of small entities affected by this AD:

Projected Reporting, Recordkeeping, and Other Compliance Requirements

FAA estimates affected entities will incur an inspection cost of $1,360. Based upon the results of the inspection, operators could incur up to five conditional repair costs. If an operator were to incur all repair and inspection costs, FAA estimates each operator would incur $14,950 per airplane. However, according to the manufacturer, all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected entities. The FAA analyzes the cost of inspections and all repair costs over the two-year analysis period for each small entity. The following table provides the estimated compliance costs at a 7 percent annualized discount rate by each NAICS industry.

Significant Alternatives Considered

The FAA evaluated the alternative of not promulgating this AD but ultimately deemed that this alternative would create a significant safety hazard. The FAA is issuing this AD to address the unsafe condition for certain Embraer Model EMB-505 airplanes, ensuring a level of safety that the alternative of no action could not provide.

RFA Conclusions

Based on average compliance costs, the FAA has determined that the financial impacts of this AD are not disproportionate to small entities. The FAA did not change this AD as a result of this comment.

The Citizens Rulemaking Alliance requested that the FAA revise the proposed AD to comply with the PRA if reporting is required or remove any reporting provisions until PRA requirements are satisfied.

The FAA notes that paragraph (i) of this AD specifies that this AD does not require reporting. If an AD were to require reporting, the preamble of the AD would include a paragraph titled “Paperwork Reduction Act” that would provide the applicable OMB control number, required PRA statements, and the estimated time to collect the required information (burden). Any costs associated with the reporting requirement would be included in the Costs of Compliance section in the preamble of the AD. Therefore, the FAA did not change this AD as a result of this comment.

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 reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. This AD is adopted as proposed in the NPRM.

The FAA reviewed ANAC AD 2025-04-01, which specifies procedures for inspecting the LH and RH HS backlash for correct values, and replacing, as applicable, the LH and RH hinge point attachment parts, the LH or RH pitch trim actuator rod-end attachment parts, and the pitch trim actuator. 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.

The material specified in ANAC AD 2025-04-01 allows the use of alternative or similar parts in place of the ones specified in the kits, provided these alternative or similar parts are approved by Embraer, but this AD requires approval from either the Manager, International Validation Branch, FAA; ANAC; or ANAC's authorized Designee. If approved by the ANAC Designee, the approval must include the Designee's authorized signature.

The FAA estimates that this AD affects 41 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:

Over a two-year analysis period, the FAA estimates operators will incur an inspection cost of $1,360. Based upon the results of the inspection, operators could incur five conditional repair costs. If an operator were to incur all inspection and repair costs, the FAA estimates each operator would incur $14,950 per airplane. The FAA cannot estimate the number of conditional repairs each operator would need to undertake, but the cost of an inspection ($1,360) and the cost of an inspection and all conditional repairs ($14,950) represent the low-case and high-case costs per affected airplane.

FAA recognizes that operators might incur additional costs, such as airplane downtime. However, FAA anticipates this AD will not trigger any downtime costs because the requirements of this AD can be performed during regularly scheduled maintenance.

The FAA uses a two-year analysis period for estimating the annualized costs of this AD. Upon this AD's promulgation, all Group 1 airplanes must be inspected within 12 months or 750 flight hours, and all Group 2 airplanes must be inspected within 24 months or 1,000 flight hours. In this analysis, FAA assumes all Group 1 costs will be incurred in year 1, and all Group 2 costs will be incurred in year 2. The following tables display the annual AD compliance costs and summarize the AD's quantified and unquantified benefits and costs.

The FAA has included all known costs in its cost estimates. According to the manufacturer, however, all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators.

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.

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,

(2) Will not affect intrastate aviation in Alaska, and

(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

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

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

2. The FAA amends § 39.13 by adding the following new airworthiness directive: