[Federal Register Volume 91, Number 36 (Tuesday, February 24, 2026)]
[Rules and Regulations]
[Pages 8723-8727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03609]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2025-0478; Project Identifier MCAI-2024-00647-A;
Amendment 39-23254; AD 2026-03-05]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-22-
11, which applied to certain Embraer S.A. (Embraer) Model EMB-505
airplanes. AD 2023-22-11 required repetitively replacing the clutch
retaining bolt and washer of the aileron autopilot servo mount. Since
the FAA issued AD 2023-22-11, the FAA has determined that the
applicability should include certain Model EMB-505 airplanes and, for
certain airplanes, an additional requirement is necessary for the
initial replacement of the retaining bolt and washer. This AD
incorporates these additional airplanes into the applicability, adds
the additional requirement, and also provides an optional terminating
action for the repetitive retaining bolt and washer replacement. The
FAA is issuing this AD to address the unsafe condition on these
products.
DATES: This AD is effective March 31, 2026.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 31,
2026.
ADDRESSES:
AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2025-0478; 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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 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--S[atilde]o Jos[eacute] dos
Campos--SP, Brazil; phone: 55 (12) 3203-6600; email: anac.gov.br">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-2025-0478.
FOR FURTHER INFORMATION CONTACT: Jim Rutherford, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
phone: (816) 329-4165; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2023-22-11, Amendment 39-22595 (88 FR
80565, November 20, 2023) (AD 2023-22-11). AD 2023-22-11 applied to
certain serial-numbered Embraer Model EMB-505 airplanes. The FAA issued
AD 2023-22-11 to address failure of the clutch retaining bolt of the
aileron autopilot servo mount, which could disengage the clutch from
the drive pin and jam the aileron controls and result in reduced
controllability of the airplane.
The NPRM was published in the Federal Register on April 3, 2025 (90
FR 14587). The NPRM was prompted by ANAC AD 2023-02-01R3, effective
October 25, 2024 (ANAC AD 2023-02-01R3) (also referred to as the MCAI),
issued by ANAC, which is the aviation authority for Brazil. The MCAI
maintains the applicability of ANAC AD 2023-02-01R2, effective October
16, 2024 (ANAC AD 2023-02-01R2) [no FAA corresponding AD], to include
all Embraer Model EMB-505 airplanes, require initial replacement of the
retaining bolt and washer, and require repetitively replacing the
aileron autopilot servo mount clutch retaining bolt and washer. It also
includes an optional terminating action for the repetitive replacement
of the aileron autopilot servo mount clutch retaining bolt and washer
by replacing the cable guard, clutch cartridge, bolt, and washer with
new parts having new part numbers.
In the NPRM, the FAA proposed to retain some of the requirements of
AD 2023-22-11, specifically the repetitive replacement requirements.
Additionally, in the NPRM, the FAA proposed to require accomplishing
the actions specified in ANAC AD 2023-02-01R3 described previously,
except for any differences identified as exceptions in the regulatory
text of this AD. 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-2025-0478.
Discussion of Final Airworthiness Directive
Supportive Comments
The FAA received comments from four commenters; three anonymous
commenters and one individual commenter. All four commenters supported
the NPRM without change.
Other Comments
The FAA also received 10 other comments from one anonymous
commenter. Six comments were questions for the FAA. Four comments were
recommendations made to the FAA. In summary, the anonymous commenter's
concerns involved a question on the FAA evaluation of the environmental
impact of increased maintenance, a recommendation for the FAA to
consider subsidies to help defray the financial burden on small
operators, a question about what measures are in place to maintain
safety from exposure to hazards resulting from increased maintenance, a
recommendation that the FAA should encourage data collection through
voluntary reporting for future safety analysis, a question on how the
FAA plans to coordinate implementation of this AD with international
aviation authorities, a recommendation about seeking a long-term
solution eliminating repetitive replacements, a question on specific
training to ensure proper replacement procedures for the proposed
required actions, a recommendation that the FAA assesses the
availability of replacement parts, a question about how the FAA will
assess the effectiveness of this AD and mitigate additional safety
risks, and a recommendation that the FAA maintain transparency about
the outcomes of this
[[Page 8724]]
AD. The following presents the comments received on the NPRM and the
FAA's response to each comment.
Question Regarding the Environmental Impact of Increased Maintenance
Activities
The anonymous commenter questioned whether the FAA evaluated the
environmental implications of increased maintenance, specifically, the
waste management of replaced components. The anonymous commenter noted
that the aviation industry is under scrutiny for its environmental
footprint and emphasized the need for sustainable maintenance
practices. The FAA infers that the commenter wants information added as
to what the environmental effects of this AD would be.
The FAA disagrees with the request. In accordance with 14 CFR 39.5,
the FAA issues an AD when an unsafe condition exists on an aircraft,
aircraft engines, propellers, or appliances, and the condition is
likely to exist or develop in other products of the same type design.
Mandating how operators dispose of parts removed from an airplane or
their spares inventory does not address the unsafe condition. Further,
according to Sec. 39.11, an AD specifies the actions that must be
taken to resolve the unsafe condition. Any actions required beyond that
may create an unnecessary burden on operators. This AD has not been
changed as a result of this comment.
Request for the FAA To Consider Subsidies To Help Defray the Financial
Burden on Small Operators
The anonymous commenter stated the AD may impose financial strains
upon small operators. The commenter requested the FAA consider
subsidies or financial assistance programs to help mitigate the
financial costs on small operators. The anonymous commenter discussed
the financial challenges faced by small operators in complying with
regulatory mandates.
The FAA acknowledges the commenter's concern. The FAA recognizes
that the AD imposes operational costs on operators, and that operators
have an obligation to maintain their airplanes in airworthy condition.
For this AD, the cost to replace the bolt and washer and to replace
cable guard, clutch cartridge, bolt, and washer with new parts, an
optional terminating action, would not have a significant economic
impact on small operators. Under certain circumstances, the airplane
manufacturer might provide financial relief, but the FAA does not
provide economic mitigation to small or large operators. The FAA has
not changed this AD in this regard.
Question Regarding Worker Safety During Maintenance
The anonymous commenter asked what measures are in place to ensure
the safety of technicians from exposure to potential hazards during
repetitive replacement procedures. The anonymous commenter highlighted
the importance of safety protocols during aircraft maintenance to
prevent occupational hazards.
The FAA acknowledges the concern regarding worker safety but
considers the question to be outside the scope of this rulemaking and
highly recommends that maintenance technicians follow any safety
protocols outlined in Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o
Civil (ANAC) AD 2023-02-01R3, effective October 25, 2024. This AD has
not been changed as a result of this comment.
Comment Regarding Data Collection and Reporting
The anonymous commenter requested the FAA encourage voluntary
reporting. The commenter stated that voluntary reporting could enhance
data collection for future safety analyses. The MCAI, which was
proposed for incorporation by reference in the NPRM, specified the use
of service material that states that operators should take pictures of
the removed parts and email them, along with additional information, to
Embraer S.A. and Garmin. However, the MCAI does not specifically
require this task. The FAA also determined that those tasks were not
necessary to address the unsafe condition, thus the FAA is not
requiring the reporting of removed parts. However, operators may report
the information specified in the service material referenced in the
MCAI, but are not required to report any information by this AD. This
AD has not been changed as a result of this comment.
Comment Regarding FAA Coordination With International Aviation
Authorities
The anonymous commenter questioned if the FAA has a plan to
coordinate with international authorities to ensure the consistent
implementation of this AD. The anonymous commenter mentioned the
importance of harmonized global safety. The FAA acknowledges this
concern and explained in the NPRM that there is a process to use civil
aviation authority (CAA) ADs as the primary source of information for
compliance with requirements for corresponding FAA ADs. The NPRM
further explained that the FAA has been coordinating this process with
manufacturers and CAAs, and as a result, proposed to incorporate by
reference an AD issued by ANAC. Additionally, the NPRM explained that
the FAA is acting in accordance with the bilateral agreement it has
with ANAC, the Brazilian state of design authority for the identified
products. ANAC notified the FAA of the unsafe condition as described in
ANAC AD 2023-02-01R3. By proposing an AD that incorporates the MCAI
actions by reference, the FAA is ensuring consistent implementation of
these actions for the identified products approved for operation in the
United States. In addition, all ADs are sent to foreign airworthiness
authorities with bilateral agreement by the State of Design for the
corresponding aviation product. This AD has not been changed as a
result of this comment.
Comment Regarding Long-Term Solutions
The anonymous commenter requested the FAA explore long-term design
modifications to eliminate the need for repetitive replacements. The
commenter stated that long-term modifications could enhance safety and
reduce maintenance burdens. The anonymous commenter noted that the FAA
previously endorsed design changes as effective long-term solutions for
recurring maintenance issues.
The FAA acknowledges that in certain cases, long-term continued
operational safety is better ensured by design changes that remove the
source of the problem and the need for repetitive inspections. In those
cases, we mandate terminating action. In other cases, mandating a
terminating action is not necessary to ensure the continued operational
safety of a product. Regarding this comment and how it specifically
relates to this AD, the FAA refers to paragraph (c) of ANAC AD 2023-02-
01R3, which is incorporated by reference in this AD and provides an
optional terminating action for the repetitive replacement of the
identified affected parts. ANAC and the FAA have both determined that
the unsafe condition is addressed by both the repetitive actions of
this AD and the terminating action. This AD has not been changed as a
result of this comment.
Question Regarding Training To Accomplish the AD Requirements
The anonymous commenter questioned if there are specific training
requirements for maintenance personnel that will ensure proper
execution of replacement procedures. The commenter cited the ``Aviation
Maintenance Technician Handbook''
[[Page 8725]]
(FAA, 2020) outlining the necessity of specialized training for complex
maintenance tasks as a source for the question.
The FAA acknowledges this concern. FAA-certified maintenance
technicians must meet the qualifications and maintain the criteria
outlined in FAA regulations (14 CFR). This AD has not been changed as a
result of this comment.
Comment Regarding the Availability of Replacement Parts
The anonymous commenter requested the FAA assess the supply chain's
capacity to meet the demand for replacement parts. The commenter noted
that having replacement parts available is crucial to prevent
maintenance delays.
The FAA agrees that having available replacement parts is crucial
to preventing maintenance delays; however, the FAA does not manage
parts for the supplier. When proposing or mandating AD actions, the FAA
does take into consideration the availability of replacement parts
versus the risk of not addressing an unsafe condition. To the extent
replacement parts may not exist to replace the specified parts of this
AD, the FAA cannot base its AD action on whether replacement parts are
available or can be produced. While every effort is made to avoid
grounding aircraft, the FAA must address the unsafe condition. This AD
has not been changed as a result of this comment.
Question Regarding Monitoring Effectiveness
The anonymous commenter requested information regarding the metrics
the FAA will use to assess the effectiveness of the AD in mitigating
the identified safety risks.
The FAA acknowledges this question. The FAA utilizes data obtained
through voluntary reporting using the service difficulty report (SDR)
system and, for this AD, any additional information received from the
State of Design. This AD has not been changed as a result of this
comment.
Comment on Public Transparency
The anonymous commenter requested the FAA maintain transparency
about the AD's implementation and outcome. The commenter noted that
this could bolster public trust in aviation safety measures.
The FAA acknowledges the commenter's statement; however, ADs are
issued to address a known unsafe condition and the actions required to
correct that unsafe condition. The FAA maintains transparency with the
public by publishing the final rule in the Federal Register with
discussion of public comments made on the NPRM along with responses
made by the FAA. This AD has not been changed as a result of this
comment.
Additional Changes Between the Final Rule and the NPRM
ANAC AD 2023-02-01R3 maintains the same applicability as MCAI 2023-
02-01R2 to all Embraer Model EMB-505 airplanes. However, this AD has a
reduced applicability reflecting what the service material referenced
by ANAC AD 2023-02-01R3 states as certain serial numbers and onward
have the terminating action installed at the factory. ANAC approved the
request made by the FAA to use the reduced applicability. Additionally,
a new calculation was run on the number of affected airplanes within
the reduced applicability. Based on that calculation, the material
identified in the MCAI identifies 773 airplanes worldwide of the
reduced applicability. Of those 773 airplanes, 638 airplanes are on the
U.S. Registry. Although 638 airplanes is more than identified in the
NPRM, it is based on the total number of U.S.-registered airplanes
identified as of the issuance of this final rule.
Conclusion
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. Except for
minor editorial changes, and any other changes described previously,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Material Incorporated by Reference Under 1 CFR Part 51
The FAA reviewed ANAC AD 2023-02-01R3, which specifies procedures
for repetitively replacing the clutch retaining bolt and washer of the
aileron autopilot servo mount. ANAC AD 2023-02-01R3 also provides a
terminating action for repetitively replacing the clutch retaining bolt
and washer of the aileron autopilot servo mount by replacing the cable
guard, clutch cartridge, bolt, and washer with new parts having new
part numbers.
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.
Differences Between This AD and the MCAI
The material specified in ANAC AD 2023-02-01R3 states that
operators should take pictures of the removed clutch retaining bolt and
the removed washer and email them, along with additional information,
to Embraer S.A and Garmin. ANAC AD 2023-02-01R3 does not specifically
require this task, and this AD does not include this task.
Costs of Compliance
The FAA estimates that this AD affects 638 airplanes of U.S.
registry.
The FAA estimates the following costs to comply with this AD:
Estimated Costs
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Replace bolt and washer.......... 1 work-hour x $85 $50 $135 per replacement $86,130 per
per hour = $85 per interval. replacement
replacement interval.
interval.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary
replacements that are required based on selection of the terminating
action. The agency has no way of determining the number of airplanes
that might need these replacements:
[[Page 8726]]
On-Condition Costs
------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
------------------------------------------------------------------------
Optional terminating action 6 work-hours x $300 $810
(replace cable guard, clutch $85 per hour =
cartridge, bolt, and washer $510.
with new parts).
------------------------------------------------------------------------
The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some of the costs of this AD
may be covered under warranty, thereby reducing the cost impact on
affected operators.
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 has determined that 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.
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:
0
a. Removing Airworthiness Directive AD 2023-22-11, Amendment 39-22595
(88 FR 80565, November 20, 2023); and
0
b. Adding the following new airworthiness directive:
2026-03-05 Embraer S.A.: Amendment 39-23254; Docket No. FAA-2025-
0478; Project Identifier MCAI-2024-00647-A.
(a) Effective Date
This airworthiness directive (AD) is effective March 31, 2026.
(b) Affected ADs
This AD replaces AD 2023-22-11, Amendment 39-22595 (88 FR 80565,
November 20, 2023) (AD 2023-22-11).
(c) Applicability
This AD applies to Embraer S.A. Model EMB-505 airplanes, serial
numbers 50500004 through 50500012, 50500014, 50500016 through
50500665, and 50500667 through 50500779, certificated in any
category.
(d) Subject
Joint Aircraft System Component (JASC) Code 2215, Autopilot Main
Servo.
(e) Unsafe Condition
This AD was prompted by corrosion on the clutch retaining bolt
of the aileron autopilot servo mount. The FAA is issuing this AD to
address the unsafe condition. The unsafe condition, if not
addressed, could result in failure of the clutch retaining bolt of
the aileron autopilot servo mount, which could disengage the clutch
from the drive pin and jam the aileron controls, which could result
in reduced controllability of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Required Actions
Except as specified in paragraphs (h) and (i) 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 2023-02-01R3, effective October 25, 2024 (ANAC AD
2023-02-01R3).
Note 1 to paragraph (g): TASK 22-11-03-960-801-A of Embraer
Phenom 300 AMM 4610 Part II MPP, Revision 65, dated November 8,
2024, contains procedures for the replacement of the aileron
autopilot servo mount clutch-retaining bolt and washer.
(h) Exceptions to ANAC AD 2023-02-01R3
(1) Where ANAC AD 2023-02-01R3 refers to February 6, 2023, the
effective date of ANAC AD 2023-02-01, this AD requires using
December 26, 2023, the effective date of AD 2023-22-11.
(2) Where ANAC AD 2023-02-01R3 refers to its effective date,
this AD requires using the effective date of this AD.
(3) Where ANAC AD 2023-02-01R3 requires replacing a part with a
new part, for the purposes of this AD, a new part means a part that
has accumulated zero flight hours.
(4) Where the ``NOTE'' to Table 01 in ANAC AD 2023-02-01R3
specifies ``If the airplane operation age and/or the flight hours
criteria change before the SB accomplishment, the most restrictive
criteria must be obeyed'', this AD requires replacing that text with
``comply with the most restrictive criteria for each applicability
range (in months and flight hours) in Table 01 of ANAC AD 2023-02-
01R3''.
(5) This AD does not adopt paragraph (e) of ANAC AD 2023-02-
01R3.
(i) No Reporting Requirement
Although the service material referenced in ANAC AD 2023-02-01R3
specifies to submit certain information to the manufacturer, this AD
does not include that requirement.
(j) Alternative Methods of Compliance (AMOCs)
(1) 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 local Flight
Standards District 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 (k) of
this AD and email to: [email protected]. If mailing information, also
submit information by email. Before using any approved AMOC, notify
your appropriate principal inspector, or lacking a principal
inspector, the manager of the local Flight Standards District
Office/certificate holding district office.
(2) AMOCs approved for AD 2023-22-11 are approved as AMOCs for
the corresponding provisions of this AD.
[[Page 8727]]
(k) Additional Information
For more information about this AD, contact Jim Rutherford,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; phone: (816) 329-4165; email:
[email protected].
(l) 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 the AD specifies otherwise.
(i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC)
AD 2023-02-01R3, effective October 25, 2024.
(ii) [Reserved]
(3) For 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--S[atilde]o
Jos[eacute] dos Campos--SP, Brazil; phone: 55 (12) 3203-6600; email:
anac.gov.br">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.
(4) 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.
(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 www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
Issued on January 30, 2026.
Steven W. Thompson,
Acting Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2026-03609 Filed 2-23-26; 8:45 am]
BILLING CODE 4910-13-P