Rule2022-07708
Airworthiness Directives; Embraer S.A. (Type Certificate Previously Held by Yaborã Indústria Aeronáutica S.A.) Airplanes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 11, 2022
Effective
April 26, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 69 (Monday, April 11, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07708]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="/cdn-cgi/l/email-protection#d2b8b3b1bdb0fcb4bba6b1ba92b4b3b3fcb5bda4"><span class="__cf_email__" data-cfemail="5933383a363b773f302d3a31193f3838773e362f">[email protected]</span></a>.
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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
<a href="/cdn-cgi/l/email-protection#0c666d6f636e226a65786f644c6a6d6d226b637a"><span class="__cf_email__" data-cfemail="3852595b575a165e514c5b50785e5959165f574e">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#251c0864737608646c77081216150864686a66654344440b424a53"><span class="__cf_email__" data-cfemail="98a1b5d9cecbb5d9d1cab5afaba8b5d9d5d7dbd8fef9f9b6fff7ee">[email protected]</span></a>.
(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 <a href="/cdn-cgi/l/email-protection#711b10121e135f1718051219311710105f161e07"><span class="__cf_email__" data-cfemail="1e747f7d717c3078776a7d765e787f7f30797168">[email protected]</span></a>.
(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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