Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.) Airplanes

[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Rules and Regulations]
[Pages 21003-21005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07708]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Rules 
and Regulations

[[Page 21003]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0451; Project Identifier AD-2022-00265-T; 
Amendment 39-22010; AD 2022-08-07]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. (Type Certificate 
Previously Held by Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica 
S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
Embraer S.A. Model ERJ 170-100 STD, -100 LR, -100 SU, and -100 SE; ERJ 
170-200 STD, -200 LR, -200 SU; ERJ 190-100 STD, -100 LR, -100 IGW, and 
-100 ECJ; and ERJ 190-200 STD, -200 LR, and -200 IGW airplanes. This AD 
was prompted by a report of the failure of the inner pane of certain 
passenger windows to meet maximum operating pressure and lack of fail-
safe design. This AD requires determining if certain NORDAM passenger 
windows are installed, and performing corrective actions if any 
affected part is installed. This AD also prohibits the installation of 
affected parts. The FAA is issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective April 26, 2022.
    The FAA must receive comments on this AD by May 26, 2022.

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 https://www.regulations.gov. 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.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0451; 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, any 
comments received, and other information. The street address for the 
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Jacob Fitch, Aerospace Engineer, COS 
Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 
76177; telephone (817) 222-4130; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA received a voluntary self-disclosure report indicating 
possible failure of the inner pane of certain passenger windows to meet 
fail-safe loads in the event of the complete failure of the outer pane. 
Manufacturer testing was performed to confirm the inadequacy of the 
inner window pane design. The results of the testing revealed that the 
inner pane of the passenger window failed to meet maximum operating 
pressure. The root cause was determined to be an inner window pane 
dimensional thickness that is inadequate to support cabin 
pressurization loads. As a result, the design was found to not be fail 
safe, meaning that the window assembly does not retain the required 
residual strength to maintain safe flight and landing of the aircraft 
after a failure or partial failure of the outer window pane. This 
affects any Nordam Group Inc. Transparency Division (NORDAM) passenger 
window having part number (P/N) NP00038-3. Failure of the window's 
inner pane to meet maximum operating pressure and lack of fail-safe 
design, if not addressed, could result in possible serious injury to a 
passenger near the window due to rapid decompression, and consequent 
reduced ability of the flightcrew to maintain the safe flight and 
landing of the airplane. The FAA is issuing this AD to address the 
unsafe condition on these products.

FAA's Determination

    The FAA is issuing this AD because the agency has determined the 
unsafe condition described previously is likely to exist or develop in 
other products of the same type design.

AD Requirements

    This AD requires determining if any affected part, the NORDAM 
passenger window having P/N NP00038-3, is installed; repetitively 
inspecting the outer pane of affected parts for cracking; immediately 
replacing cracked affected parts with serviceable windows; and 
eventually replacing all affected parts, within 90 days, which 
eliminates the need for the repetitive inspections. This AD also 
prohibits the installation of affected parts.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies forgoing notice and comment prior to adoption of this rule 
because due to the lack of a fail-safe design and failure of the 
window's inner pane to meet maximum operating pressure, a complete 
failure of the outer window pane could result in possible serious 
injury to a passenger near the window due to rapid decompression, and 
consequent reduced ability of the flightcrew to maintain the safe 
flight

[[Page 21004]]

and landing of the airplane. Accordingly, notice and opportunity for 
prior public comment are impracticable and contrary to the public 
interest pursuant to 5 U.S.C. 553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forgo notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include Docket No. FAA-2022-0451 and Project Identifier AD-
2022-00265-T at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Jacob 
Fitch, Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 Hillwood 
Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; email 
[email protected]. Any commentary that the FAA receives that is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without notice and comment, 
RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects up to 65 airplanes of U.S. 
registry. (A total of 65 affected parts were produced.) The FAA 
estimates the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                              Cost per          Cost on U.S.
              Action                      Labor cost         Parts cost        product           operators
----------------------------------------------------------------------------------------------------------------
Part number inspection............  Up to 1 work-hour x                $0             $85  Up to $5,525.
                                     $85 per hour = $85.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary actions 
that would be required based on the results of the part number 
inspection. The FAA has no way of determining the number of aircraft 
that might need these actions:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
              Action                    Labor cost        Parts cost                Cost per product
----------------------------------------------------------------------------------------------------------------
Repetitive inspection for          1 work-hour x $85                $0  $85 per inspection cycle.
 cracking.                          per hour = $85.
Replacement......................  2 work-hours x $85              500  $670.
                                    per hour = $170.
----------------------------------------------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all 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

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

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

[[Page 21005]]

Adoption of 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 adding the following new airworthiness 
directive:

2022-08-07 Embraer S.A. (Type Certificate Previously Held by 
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.): Amendment 
39-22010 ; Docket No. FAA-2022-0451; Project Identifier AD-2022-
00265-T.

(a) Effective Date

    This airworthiness directive (AD) is effective April 26, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Embraer S.A. airplanes identified in 
paragraphs (c)(1) through (4) of this AD, certificated in any 
category.
    (1) Model ERJ 170-100 STD, -100 LR, -100 SU, and -100 SE 
airplanes.
    (2) Model ERJ 170-200 STD, -200 LR, and -200 SU airplanes.
    (3) Model ERJ 190-100 STD, -100 LR, -100 IGW, and -100 ECJ 
airplanes.
    (4) Model ERJ 190-200 STD, -200 LR, and -200 IGW airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 56, Windows.

(e) Unsafe Condition

    This AD was prompted by a report of the failure of the inner 
pane of the passenger window to meet maximum operating pressure and 
lack of fail-safe design. The FAA is issuing this AD to address this 
condition, which could result in possible serious injury to a 
passenger near the window due to rapid decompression, and consequent 
reduced ability of the flightcrew to maintain the safe flight and 
landing of the airplane.

(f) Compliance

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

(g) Definition of Affected Parts

    Affected parts are NORDAM passenger windows having part number 
NP00038-3.

(h) Identification of Affected Parts

    Before further flight, determine whether any affected part is 
installed on the airplane. A review of the airplane maintenance 
records is acceptable, if the manufacturer and part number of the 
installed windows can be conclusively determined from that review.
    Note 1 to paragraph (h): Guidance for the actions required by 
paragraph (h) of this AD can be found in NORDAM Alert Service 
Bulletin ERJ 56-A01, dated January 18, 2022.
    (1) If any affected part is installed: Before further flight, do 
a visual inspection of the outer window pane for cracking, and do 
the applicable action specified in paragraph (h)(1)(i) or (ii) of 
this AD.
    (i) If any cracking is found, before further flight, replace the 
affected part with a serviceable window.
    (ii) If no cracking is found, repeat the inspection thereafter 
before each flight, until the affected part is replaced, as 
specified in paragraph (h)(2) of this AD.
    (2) Within 90 days after the effective date of this AD: Replace 
all affected parts installed on the airplane with serviceable 
windows.

(i) Terminating Action for Repetitive Inspections

    Replacement of an affected part, as specified in paragraph 
(h)(2) of this AD, terminates the repetitive inspection requirements 
specified in paragraph (h)(1)(ii) of this AD for that part.

(j) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a 
NORDAM passenger window, part number (P/N) NP00038-3, on any 
airplane.

(k) Alternative Methods of Compliance (AMOCs).

    (1) The Manager, Large Aircraft Section, 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 Large Aircraft Section, 
International Validation Branch, send it to the attention of the 
person identified in paragraph (l) of this AD. Information may be 
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.

(l) Related Information

    For more information about this AD, contact Jacob Fitch, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 10101 
Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-4130; 
email [email protected].

(m) Material Incorporated by Reference

    None.

    Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07708 Filed 4-6-22; 4:15 pm]
BILLING CODE 4910-13-P

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