[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Rules and Regulations]
[Pages 45629-45633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16361]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0976; Project Identifier AD-2022-00722-T;
Amendment 39-22130; AD 2022-16-01]
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.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-08-
07, which applied to all Embraer S.A. Model ERJ 170-100 STD, -100 LR, -
100 SU, and -100 SE airplanes; Model ERJ 170-200 STD, -200 LR, and -200
SU airplanes; 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.
AD 2022-08-07 required determining if certain NORDAM passenger windows
are installed, inspecting affected parts for cracks, and replacing
cracked parts. AD 2022-08-07 also required repetitive inspections of
uncracked affected parts until all affected parts are replaced. This
[[Page 45630]]
AD was prompted by a determination that additional airplanes are
affected by the unsafe condition identified in AD 2022-08-07. This AD
retains certain requirements of AD 2022-08-07, revises the
applicability of AD 2022-08-07 to include the affected parts for
clarification, and adds a certain airplane model to the applicability.
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 August 15, 2022.
The FAA must receive comments on this AD by September 12, 2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-493-2251.
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.
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 www.regulations.gov by searching
for and locating Docket No. FAA-2022-0976; 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 issued AD 2022-08-07, Amendment 39-22010 (87 FR 21003,
April 11, 2022) (AD 2022-08-07), for all Embraer S.A. Model ERJ 170-100
STD, -100 LR, -100 SU, and -100 SE airplanes; Model ERJ 170-200 STD, -
200 LR, and -200 SU airplanes; 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. AD 2022-08-07 required determining if certain NORDAM
passenger windows are installed (i.e., windows having parts
manufacturer approval (PMA) part number (P/N) NP00038-3), inspecting
affected parts for cracks, and replacing cracked parts. AD 2022-08-07
also required repetitive inspections of uncracked affected parts until
all affected parts are replaced. AD 2022-08-07 also prohibited the
installation of affected parts. AD 2022-08-07 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 issued
AD 2022-08-07 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.
Actions Since AD 2022-08-07 Was Issued
Since the FAA issued AD 2022-08-07, the agency has determined that
Model ERJ 170-200 LL airplanes are also affected by the identified
unsafe condition. For Model ERJ 170-200 LR airplanes that were
converted to Model ERJ 170-200 LL airplanes, the affected parts could
be installed on one of the converted airplanes. The FAA also determined
that, for clarity, the applicability of AD 2022-08-07 must be revised
to include the affected parts.
Comments on AD 2022-08-07
The FAA issued AD 2022-08-07 as a final rule; request for comments.
The FAA received a comment from Aerolitoral, S.A. de C.V. (Aeromexico
Connect) who expressed support for AD 2022-08-07. The FAA received
additional comments from five commenters, including Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC), Embraer, Myanmar
Airways International, Servicio A[eacute]reo a Territorios Nacionales
(SATENA), and Ukraine International Airlines. The FAA determined that
certain comments contained information to warrant changes to AD 2022-
08-07. The following presents the comments received on AD 2022-08-07
and the FAA's response to each comment.
Request To Revise Applicability
Embraer requested that the FAA revise the applicability in
paragraph (c) of AD 2022-08-07 to specify that the AD applies to NORDAM
passenger windows having PMA P/N NP00038-3 and that the part could be
installed on the airplanes identified in paragraphs (c)(1) through (4)
of AD 2022-08-07. Embraer stated that the applicability of AD 2022-08-
07 specifies that certain airplanes are affected; however, Embraer
noted the AD should specify it is applicable to the PMA passenger
windows. Embraer stated the applicability is generating questions and
doubts from operators and local authorities in countries where PMA part
numbers are not approved by local regulators. Embraer noted it is
unable to define if the AD is applicable or not to specific operators
as it depends on the local aircraft civil operations rules.
ANAC, which is the aviation authority for Brazil, also requested
that the FAA revise the applicability to make it clear the AD is
component-level AD and not an airplane-level AD. ANAC stated that if
the affected parts can be used on any airplane registered outside of
the U.S., it is concerned that other countries may not follow the AD,
as the FAA is not the State of Design Authority for the airplanes.
The FAA agrees to revise the applicability and has revised
paragraph (c) of this AD to specify this AD applies to airplanes
equipped with NORDAM passenger windows having PMA P/N NP00038-3. As
noted, the FAA is not the State of Design Authority for Embraer
airplanes. However, the FAA is responsible for the affected PMA part.
The change to the applicability clarifies this AD is applicable to the
affected PMA parts, which are only installed on the Embraer airplanes
identified in the applicability. The change to the applicability does
not change how the unsafe condition is addressed. All affected PMA
parts must be inspected and replaced as required by this AD.
Request To Clarify Affected Parts
Embraer requested that the FAA clarify paragraph (g) of AD 2022-08-
07 to specify that the affected part is a PMA part. Embraer stated that
NORDAM P/N NP00038-3 is a PMA part number that is not part of the
Embraer type design since it is an FAA-approved PMA part number.
The FAA agrees to clarify that the affected parts are PMA parts and
has revised paragraphs (g) and (j) of this AD accordingly. The FAA also
notes that the NORDAM PMA part number is distinct from the original
equipment manufacturer (Embraer) part number and has added Note 1 to
paragraph (c) of this AD to clarify that the Embraer part number is not
affected by this AD.
Request To Clarify Part Number
Ukraine International Airlines and SATENA requested that the FAA
clarify the affected part number. The commenters stated that the
illustrated
[[Page 45631]]
parts catalog (IPC) for Embraer 190 does not mention the part number
specified in AD 2022-08-07. Ukraine International Airlines stated the
IPC lists a ``TRANSPARENCY, PAX WINDOW'' having P/N P00038-3 only
(without the letter ``N'' before the number).
The FAA agrees to clarify. NORDAM manufactures P/N NP00038-3 as a
PMA replacement part for the original equipment manufacturer (Embraer)
P/N P00038-3. As specified in paragraph (c) of this AD, this AD only
applies to the NORDAM PMA part number, not the original Embraer part
number.
Request for Contact Information
Myanmar Airways International requested that the FAA provide
contact information for the NORDAM Alert Service Bulletin ERJ 56-A01,
dated January 18, 2022, referenced in AD 2022-08-07. The commenter
noted that the NORDAM Alert Service Bulletin ERJ 56-A01, dated January
18, 2022, is referred to as guidance for accomplishing the actions.
The FAA agrees for the reasons provided. The FAA has included
contact information for obtaining a copy of NORDAM Alert Service
Bulletin ERJ 56-A01, dated January 18, 2022, in paragraph (o)(2) of
this AD.
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 repetitive inspections of NORDAM passenger windows
having PMA P/N NP00038-3 for cracks, replacement of cracked windows,
and eventual replacement of all PMA P/N NP00038-3 windows. This AD also
prohibits the installation of PMA P/N NP00038-3 windows.
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 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-2022-0976 and Project Identifier
AD-2022-00722-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
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 65 airplanes of U.S.
registry (only a total of 65 affected parts were produced). 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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Repetitive inspections for Up to 1 work-hour x $0 $85 per inspection Up to $5,525 per
cracking (retained action from $85 per hour = $85 cycle. inspection cycle.
AD 2022-08-07). per inspection
cycle.
Replacement (retained action from 2 work-hours x $85 500 $670............... Up to $43,550.
AD 2022-08-07). per hour = $170.
[[Page 45632]]
Repetitive inspections for Up to 1 work-hour x 0 $85 per inspection Up to $5,525 per
cracking (new action for added $85 per hour = $85 cycle. inspection cycle.
airplane model). per inspection
cycle.
Replacement (new action for added 2 work-hours x $85 500 $670............... Up to $43,550.
airplane model). per hour = $170.
----------------------------------------------------------------------------------------------------------------
The FAA estimates the following costs to do any necessary actions
that would be required based on the results of the inspections. The FAA
has no way of determining the number of aircraft that might need these
actions:
On-Condition Costs
----------------------------------------------------------------------------------------------------------------
Cost per
Action Labor cost Parts cost product
----------------------------------------------------------------------------------------------------------------
Replacement................................... 2 work-hours x $85 per hour = $500 $670
$170.
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The FAA has included all known costs in its cost estimate.
According to the parts 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.
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) 2022-08-07, Amendment 39-22010
(87 FR 21003, April 11, 2022); and
0
b. Adding the following new AD:
2022-16-01 Embraer S.A. (Type Certificate Previously Held by
Yabor[atilde] Ind[uacute]stria Aeron[aacute]utica S.A.): Amendment
39-22130; Docket No. FAA-2022-0976; Project Identifier AD-2022-
00722-T.
(a) Effective Date
This airworthiness directive (AD) is effective August 15, 2022.
(b) Affected ADs
This AD replaces AD 2022-08-07, Amendment 39-22010 (87 FR 21003,
April 11, 2022) (AD 2022-08-07).
(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; equipped with any NORDAM passenger window having parts
manufacturer approval (PMA) part number (P/N) NP00038-3.
Note 1 to the introductory text of paragraph (c): PMA P/N
NP00038-3 is approved for type design (Embraer) P/N P00038-3. Only
PMA P/N NP00038-3 is affected by this AD.
(1) Model ERJ 170-100 STD, -100 LR, -100 SU, and -100 SE
airplanes.
(2) Model ERJ 170-200 STD, -200 LR, -200 SU, and -200 LL
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, and by a determination that additional
airplanes are affected by the unsafe condition identified in AD
2022-08-07. 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) Retained Definition of Affected Parts With a Clarification That the
Affected Parts Are PMA Parts
This paragraph restates the definition specified in paragraph
(g) of AD 2022-08-07, with a clarification that the affected parts
are PMA parts. For the purposes of this AD, affected parts are
NORDAM passenger
[[Page 45633]]
windows having PMA part number (P/N) NP00038-3.
(h) Retained Inspections and Replacement With Added Reference to
Affected Parts in Paragraph (h)(1) of This AD
This paragraph restates the requirements of paragraphs (h)(1)
and (2) of AD 2022-08-07, with added reference to affected parts in
paragraph (h)(1) of this AD. For all airplanes except Model ERJ 170-
200 LL airplanes, comply with the actions required by paragraphs
(h)(1) and (2) of this AD.
(1) Before further flight, do a visual inspection of the outer
window pane of the affected parts 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 April 26, 2022 (the effective date AD
2022-08-07): Replace all affected parts installed on the airplane
with serviceable windows.
Note 2 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.
(i) Retained Terminating Action for Repetitive Inspections Required by
Paragraph (h)(1)(ii) of This AD With No Changes
This paragraph restates the terminating action specified in
paragraph (i) of AD 2022-08-07, with no changes. 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) Retained Parts Installation Prohibition With a Clarification That
the Affected Parts Are PMA Parts
This paragraph restates the parts installation prohibition
specified in paragraph (j) of AD 2022-08-07, with a clarification
that the affected parts are PMA parts. For all airplanes except
Model ERJ 170-200 LL airplanes: As of April 26, 2022 (the effective
date AD 2022-08-07), no person may install a NORDAM passenger
window, PMA P/N NP00038-3, on any airplane.
(k) New Inspections and Replacement for Certain Airplanes
For Model ERJ 170-200 LL airplanes: Comply with the actions
required by paragraphs (k)(1) and (2) of this AD.
(1) Before further flight, do a visual inspection of the outer
window pane of the affected parts for cracking, and do the
applicable action specified in paragraph (k)(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 (k)(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.
Note 3 to paragraph (k): Guidance for the actions required by
paragraph (k) of this AD can be found in NORDAM Alert Service
Bulletin ERJ 56-A01, dated January 18, 2022.
(l) Terminating Action for Repetitive Inspections Required by Paragraph
(k)(1)(ii) of This AD
Replacement of an affected part, as specified in paragraph
(k)(2) of this AD, terminates the repetitive inspection requirements
specified in paragraph (k)(1)(ii) of this AD for that part.
(m) New Parts Installation Prohibition for Certain Airplanes
For Model ERJ 170-200 LL airplanes: As of the effective date of
this AD, no person may install a NORDAM passenger window, PMA P/N
NP00038-3, on any airplane.
(n) 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 (o)(1) 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.
(o) Related Information
(1) 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].
(2) For service information identified in this AD that is not
incorporated by reference, contact The NORDAM Group LLC,
Transparency Division, 7018 North Lakewood Ave., Tulsa, OK 74117;
email John Clawson, Vice President Engineering and Program
Management, NORDAM Corporate Division, at [email protected];
internet https://nordam.com.
(p) Material Incorporated by Reference
None.
Issued on July 21, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-16361 Filed 7-27-22; 4:15 pm]
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