Rule2021-25203
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
November 19, 2021
Effective
December 27, 2021
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2021-03- 03, which applied to certain ATR-GIE Avions de Transport R[eacute]gional Model ATR72 airplanes. AD 2021-03-03 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2021-03-03, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 86 Issue 221 (Friday, November 19, 2021)</title>
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[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 64805-64807]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25203]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2021-0508; Project Identifier MCAI-2021-00070-T;
Amendment 39-21747; AD 2021-20-09]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-03-
03, which applied to certain ATR-GIE Avions de Transport
R[eacute]gional Model ATR72 airplanes. AD 2021-03-03 required revising
the existing maintenance or inspection program, as applicable, to
incorporate new or more restrictive airworthiness limitations. Since
the FAA issued AD 2021-03-03, the FAA has determined that new or more
restrictive airworthiness limitations are necessary. This AD requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. The FAA is issuing this AD to address the
unsafe condition on these products.
DATES: This AD is effective December 27, 2021.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 27,
2021.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of March
31, 2021 (86 FR 11103, February 24, 2021).
ADDRESSES: For material 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#7332370033161200125d1606011c03125d1606"><span class="__cf_email__" data-cfemail="2263665162474351430c4757504d52430c4757">[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 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 at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating
Docket No. FAA-2021-0508.
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-2021-0508; 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, the
mandatory continuing airworthiness information (MCAI), any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email <a href="/cdn-cgi/l/email-protection#c5b6ada4adb7a4a8eba1a4aba0b6ada8a4aba1ac85a3a4a4eba2aab3"><span class="__cf_email__" data-cfemail="88fbe0e9e0fae9e5a6ece9e6edfbe0e5e9e6ece1c8eee9e9a6efe7fe">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0020, dated January 15, 2021
(EASA AD 2021-0020) (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 ATR72
airplanes.
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-03-03, Amendment 39-21406 (86 FR
11103, February 24, 2021) (AD 2021-03-03). AD 2021-03-03 applied to
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR72
airplanes. The NPRM published in the Federal Register on July 20, 2021
(86 FR 38239). The NPRM was prompted by a determination that new or
more restrictive airworthiness limitations are necessary. The NPRM
proposed to require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, as specified in EASA AD 2021-0020.
The FAA is issuing this AD to address fatigue cracking and damage
in principal structural elements, which could result in reduced
structural integrity of the airplane. See the MCAI for additional
background information.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from the Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
Conclusion
The FAA reviewed the relevant data, considered the comment
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator. Accordingly, the FAA is issuing this AD to
address the unsafe condition on these products.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0020 describes new or more restrictive airworthiness
limitations for airplane structures and safe life limits.
This AD also requires EASA AD 2020-0173, dated August 5, 2020,
which the Director of the Federal Register approved for incorporation
by reference as of March 31, 2021 (86 FR 11103, February 24, 2021).
This material is reasonably available because the interested parties
have access to it through their normal course of business
[[Page 64806]]
or by the means identified in the ADDRESSES section.
Costs of Compliance
The FAA estimates that this AD affects 23 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2021-03-03 to be $7,650 (90 work-hours x $85 per work-
hour).
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).
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,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will 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 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) 2021-03-03, Amendment 39-21406
(86 FR 11103, February 24, 2021); and
0
b. Adding the following new AD:
2021-20-09 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-21747; Docket No. FAA-2021-0508; Project Identifier MCAI-2021-
00070-T.
(a) Effective Date
This airworthiness directive (AD) is effective December 27,
2021.
(b) Affected ADs
This AD replaces AD 2021-03-03, Amendment 39-21406 (86 FR 11103,
February 24, 2021) (AD 2021-03-03).
(c) Applicability
This AD applies to ATR-GIE Avions de Transport R[eacute]gional
Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before October 9, 2020.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Reason
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking and damage in principal
structural elements, which could result in reduced structural
integrity of the airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Maintenance or Inspection Program Revision, With No
Changes
This paragraph restates the requirements of paragraph (k) of AD
2021-03-03, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before December 12, 2019, 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 2020-0173, dated
August 5, 2020 (EASA AD 2020-0173). Accomplishing the revision of
the existing maintenance or inspection program required by paragraph
(j) of this AD terminates the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2020-0173, With Revised Exceptions
This paragraph restates the requirements of paragraph (l) of AD
2021-03-03, with revised exceptions.
(1) Where EASA AD 2020-0173 refers to its effective date, this
AD requires using March 31, 2021 (the effective date of AD 2021-03-
03).
(2) The requirements specified in paragraphs (1) and (3) of EASA
AD 2020-0173 do not apply to this AD.
(3) Paragraph (4) of EASA AD 2020-0173 specifies revising ``the
approved AMP [aircraft maintenance program]'' within 12 months after
its effective date, but this AD requires revising the existing
maintenance or inspection program, as applicable, to incorporate the
``limitations, tasks and associated thresholds and intervals''
specified in paragraph (4) of EASA AD 2020-0173 within 90 days after
March 31, 2021 (the effective date of AD 2021-03-03).
(4) Except as provided by paragraph (2) of EASA AD 2020-0173,
the initial compliance time for doing the tasks specified in
paragraph (4) of EASA AD 2020-0173 is at the applicable ``associated
thresholds'' specified in paragraph (4) of EASA AD 2020-0173, or
within 90 days after March 31, 2021 (the effective date of AD 2021-
03-03), whichever occurs later.
(5) The provisions specified in paragraphs (5) and (6) of EASA
AD 2020-0173 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2020-0173 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions and Intervals, With a
New Exception
This paragraph restates the requirements of paragraph (m) of AD
2021-03-03, with a new exception. Except as required by paragraph
(j) of this AD, after the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) or intervals, are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2020-0173.
(j) New Maintenance Program Revision
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2021-0020,
[[Page 64807]]
dated January 15, 2021 (EASA AD 2021-0020). Accomplishing the
revision of the existing maintenance or inspection program required
by this paragraph terminates the requirements of paragraph (g) of
this AD.
(k) Exceptions to EASA AD 2021-0020
(1) Where EASA AD 2021-0020 refers to its effective date, this
AD requires using the effective date of this AD.
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2021-0020 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021-0020 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
(4) Except as provided by Note 1 of EASA AD 2021-0020, the
initial compliance time for doing the tasks specified in paragraph
(3) of EASA AD 2021-0020 is at the applicable ``thresholds'' as
incorporated by the requirements of paragraph (3) of EASA AD 2021-
0020, or within 90 days after the effective date of this AD,
whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2021-0020 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0020 does not apply
to this AD.
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections) and intervals are allowed unless they
are approved as specified in the provisions of the ``Ref.
Publications'' section of EASA AD 2021-0020.
(m) Additional 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 local Flight
Standards District 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 (n) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#be8793ffe8ed93fff7ec93898d8e93fff3f1fdfed8dfdf90d9d1c8"><span class="__cf_email__" data-cfemail="7b42563a2d28563a3229564c484b563a3634383b1d1a1a551c140d">[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.
(n) Related Information
For more information about this AD, contact Shahram Daneshmandi,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3220; email <a href="/cdn-cgi/l/email-protection#b6c5ded7dec4d7db98d2d7d8d3c5dedbd7d8d2dff6d0d7d798d1d9c0"><span class="__cf_email__" data-cfemail="582b3039302a3935763c39363d2b303539363c31183e3939763f372e">[email protected]</span></a>.
(o) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
(3) The following service information was approved for IBR on
December 27, 2021.
(i) European Union Aviation Safety Agency (EASA) AD 2021-0020,
dated January 15, 2021.
(ii) [Reserved]
(4) The following service information was approved for IBR on
March 31, 2021 (86 FR 11103, February 24, 2021).
(i) European Union Aviation Safety Agency (EASA) AD 2020-0173,
dated August 5, 2020.
(ii) [Reserved]
(5) For EASA AD 2021-0020 and AD 2020-0173, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#e5a4a196a580849684cb8090978a9584cb8090"><span class="__cf_email__" data-cfemail="fcbdb88fbc999d8f9dd299898e938c9dd29989">[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>.
(6) 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.
(7) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
<a href="/cdn-cgi/l/email-protection#7117035f181f0201141205181e1f311f1003105f161e07"><span class="__cf_email__" data-cfemail="bed8cc90d7d0cdcedbddcad7d1d0fed0dfccdf90d9d1c8">[email protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on November 14, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-25203 Filed 11-18-21; 8:45 am]
BILLING CODE 4910-13-P
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