Proposed Rule2021-14360
Airworthiness Directives; ATR-GIE Avions de Transport Régional 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
July 7, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for all ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. This proposed AD was prompted by reports indicating that certain Thales global positioning system (GPS) satellite based augmentation system (SBAS) receivers provided, under certain conditions, erroneous outputs on aircraft positions. This proposed AD would require replacing affected GPS SBAS receivers with new, improved receivers, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
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[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Proposed Rules]
[Pages 35697-35700]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14360]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0548; Project Identifier MCAI-2021-00046-T]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 and
ATR72-212A airplanes. This proposed AD was prompted by reports
indicating that certain Thales global positioning system (GPS)
satellite based augmentation system (SBAS) receivers provided, under
certain conditions, erroneous outputs on aircraft positions. This
proposed AD would require replacing affected GPS SBAS receivers with
new, improved receivers, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is proposed for incorporation by
reference. The FAA is proposing this AD to address the unsafe condition
on these products.
DATES: The FAA must receive comments on this proposed AD by August 23,
2021.
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.
For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#0a4b4e794a6f6b796b246f7f78657a6b246f7f"><span class="__cf_email__" data-cfemail="78393c0b381d190b19561d0d0a170819561d0d">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195. It is also available in
the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by
searching for and locating Docket No. FAA-2021-0548.
Examining the AD Docket
You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2021-
0548; 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 NPRM, any comments received, and other information. The street
address for Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3220; email: <a href="/cdn-cgi/l/email-protection#57243f363f25363a7933363932243f3a3639333e1731363679303821"><span class="__cf_email__" data-cfemail="27544f464f55464a0943464942544f4a4649434e6741464609404851">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0548; Project Identifier
MCAI-2021-00046-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, 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
the proposal 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 proposed AD.
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 NPRM 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 NPRM, 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 NPRM. Submissions containing CBI should be sent to
Shahram Daneshmandi, Aerospace Engineer, Large Aircraft Section,
International
[[Page 35698]]
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax: 206-231-3220; email: <a href="/cdn-cgi/l/email-protection#a6d5cec7ced4c7cb88c2c7c8c3d5cecbc7c8c2cfe6c0c7c788c1c9d0"><span class="__cf_email__" data-cfemail="becdd6dfd6ccdfd390dadfd0dbcdd6d3dfd0dad7fed8dfdf90d9d1c8">[email protected]</span></a>. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0013, dated January 13, 2021
(EASA AD 2021-0013) (also referred to as the Mandatory Continuing
Airworthiness Information, or the MCAI), to correct an unsafe condition
for all ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 and
ATR72-212A airplanes.
This proposed AD was prompted by reports indicating that Thales GPS
SBAS receivers provided, under certain conditions, erroneous outputs on
aircraft positions. The manufacturer developed a new, improved receiver
which incorporates improved software and ensures correct navigational
performance. The FAA is proposing this AD to address erroneous aircraft
position outputs from the GPS SBAS receivers, which could result in
controlled flight into terrain, and consequent loss of control of the
airplane.
Although paragraphs (2) and (3) of EASA AD 2021-0013 require
amending the applicable AFM, the FAA has determined that this
requirement is not necessary. The FAA received verification from the
manufacturer that the unsafe condition in this proposed AD will be
addressed by replacing the GPS SBAS receivers with new, improved
receivers. However, the GPS procedures added to the AFM as required by
AD 2020-08-02, Amendment 39-21108 (85 FR 20586, April 14, 2020) (AD
2020-08-02), must be removed, as specified in paragraph (h)(2) of this
proposed AD.
See the MCAI for additional background information.
Related AD
AD 2020-08-02 applies to certain Thales GPS SBAS receivers
installed on airplanes (including Model ATR42-500 and ATR72-212A) and
helicopters. AD 2020-08-02 requires the installation of a software
update to the aircraft navigation database and insertion of a change to
the applicable airplane flight manual (AFM). The FAA issued AD 2020-08-
02 to address erroneous aircraft position outputs from the affected
Thales GPS SBAS receivers, which could result in controlled flight into
terrain and loss of the aircraft. AD 2020-08-02 corresponds to EASA AD
2019-0004, dated January 11, 2019. Upon completion of EASA AD 2021-0013
by Model ATR42-500 and ATR72-212A airplanes, all requirements of EASA
2019-0004 are effectively terminated for those airplanes.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0013 describes procedures for replacing certain GPS
SBAS receivers with new, improved receivers. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.
Proposed AD Requirements
This proposed AD would require accomplishing the actions specified
in EASA AD 2021-0013 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD, and except as discussed under ``Difference
Between this Proposed AD and the MCAI.'' Accomplishment of the
requirements of this AD would terminate all requirements of AD 2020-08-
02 for Model ATR42-500 and ATR72-212A airplanes.
Difference Between This Proposed AD and the MCAI
Although certain service information specified in EASA AD 2021-0013
specifies the inclusion of MOD 10046 in the AFM List of Modifications
(LOM), this proposed AD does not include this requirement. Instead,
after accomplishment of the actions in this proposed AD, operators
would be required to remove the AFM revisions for the GPS reset
procedures that are required by FAA AD 2020-08-02, because the unsafe
condition in this proposed AD will be addressed by the GPS SBAS
receiver replacement. This difference has been coordinated with ATR and
EASA.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2021-0013
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2021-0013 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2021-0013 that is required for compliance with EASA AD 2021-
0013 will be available on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
by searching for and locating Docket No. FAA-2021-0548 after the FAA
final rule is published.
Costs of Compliance
The FAA estimates that this proposed AD affects 15 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:
[[Page 35699]]
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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2 work-hours x $85 per hour = $170........................... $0 * $170 $2,550
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* The manufacturer will provide replacement receivers at no cost to the operators. The FAA has received no
definitive data on which to base the cost estimates for these parts.
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
The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would 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 this proposed
regulation:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Would not affect intrastate aviation in Alaska, and
(3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 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 (AD):
ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2021-
0548; Project Identifier MCAI-2021-00046-T.
(a) Comments Due Date
The FAA must receive comments by August 23, 2021.
(b) Affected Airworthiness Directives (ADs)
This AD affects AD 2020-08-02, Amendment 39-21108 (85 FR 20586,
April 14, 2020) (AD 2020-08-02).
(c) Applicability
This AD applies to all ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-500 and ATR72-212A airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 34, Navigation.
(e) Reason
This AD was prompted by reports that Thales global positioning
system (GPS) satellite based augmentation system (SBAS) receivers
provided, under certain conditions, erroneous outputs on aircraft
positions. The FAA is issuing this AD to address the potential for
these erroneous outputs, which could result in controlled flight
into terrain, and consequent loss of control of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2021-0013, dated January 13, 2021 (EASA AD 2021-0013).
(h) Exceptions to EASA AD 2021-0013
(1) Where EASA AD 2021-0013 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraphs (2) and (3) of EASA
AD 2021-0013 do not apply to this AD. Instead, the AFM changes
required by AD 2020-08-02 must be removed from the existing AFM
before further flight after compliance with all other actions
required by this AD.
(3) The ``Remarks'' section of EASA AD 2021-0013 does not apply
to this AD.
(i) Terminating Action for AD 2020-08-02
Accomplishment of this AD terminates all requirements of AD
2020-08-02 for Model ATR42-500 and ATR72-212A airplanes.
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): 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 (k)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#e5dcc8a4b3b6c8a4acb7c8d2d6d5c8a4a8aaa6a5838484cb828a93"><span class="__cf_email__" data-cfemail="f1c8dcb0a7a2dcb0b8a3dcc6c2c1dcb0bcbeb2b1979090df969e87">[email protected]</span></a>.
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or ATR-GIE
Avions de Transport R[eacute]gional's EASA Design Organization
Approval (DOA). If approved by the DOA, the approval must include
the DOA-authorized signature.
(k) Related Information
(1) For information about EASA AD 2021-0013, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#3c7d784f7c595d4f5d1259494e534c5d125949"><span class="__cf_email__" data-cfemail="aaebeed9eacfcbd9cb84cfdfd8c5dacb84cfdf">[email protected]</span></a>; internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call 206-231-3195. This material may be
found in the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2021-0548.
(2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace
[[Page 35700]]
Engineer, Large Aircraft Section, International Validation Branch,
FAA, 2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-
231-3220; email: <a href="/cdn-cgi/l/email-protection#295a4148415b4844074d48474c5a414448474d40694f4848074e465f"><span class="__cf_email__" data-cfemail="1e6d767f766c7f73307a7f707b6d76737f707a775e787f7f30797168">[email protected]</span></a>.
Issued on June 30, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-14360 Filed 7-6-21; 8:45 am]
BILLING CODE 4910-13-P
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