[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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 4910-13-P


