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.

Rules and Regulations Federal Register

21003 

Vol. 87, No. 69 

Monday, April 11, 2022 

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 

Yabora ̃ Indu ́ stria Aerona ́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: 

• Federal eRulemaking Portal: Go to 

https://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 

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 

jacob.fitch@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA received a voluntary selfdisclosure 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 


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21004 Federal Register / Vol. 87, No. 69 / Monday, April 11, 2022 / Rules and Regulations 

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 jacob.fitch@faa.gov. 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

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Part number inspection .................. Up to 1 work-hour × $85 per hour 

= $85.

$0 $85 Up to $5,525. 

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 cracking .................... 1 work-hour × $85 per hour = $85 .................. $0 $85 per inspection cycle. 

Replacement .................................................... 2 work-hours × $85 per hour = $170 .............. 500 $670. 

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. 


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

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2022–08–07 Embraer S.A. (Type Certificate 

Previously Held by Yabora ̃ Indu ́ stria 

Aerona ́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: 9-AVSAIR-730-AMOC@faa.gov. 

(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 jacob.fitch@faa.gov. 

(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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2021–1146; Airspace 

Docket No. 21–AGL–36] 

RIN 2120–AA66 

Amendment of Class E Airspace; 

Hallock, MN 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends the Class 

E airspace at Hallock, MN. This action 

due to an airspace review conducted as 

part of the decommissioning of the 

Humbolt very high frequency (VHF) 

omnidirectional range (VOR) as part of 

the VOR Minimal Operational Network 

(MON) Program. 

DATES: Effective 0901 UTC, July 14, 

2022. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order JO 7400.11 and publication of 

conforming amendments. 

ADDRESSES: FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at https://

www.faa.gov/air_traffic/publications/. 

For further information, you can contact 

the Airspace Policy Group, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591; telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Claypool, Federal Aviation 

Administration, Operations Support 

Group, Central Service Center, 10101 

Hillwood Parkway, Fort Worth, TX 

76177; telephone (817) 222–5711. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends the 

Class E airspace extending upward from 


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