Proposed Rule2022-07470
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
April 8, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-09-13, which applies to certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. Since the FAA issued AD 2021-09-13, the FAA has determined that new or more restrictive airworthiness limitations are necessary. This proposed AD would revise the applicability by adding airplanes. This proposed AD would also continue to require the actions in AD 2021-09-13 and require 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 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 87 Issue 68 (Friday, April 8, 2022)</title>
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[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20783-20787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07470]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0396; Project Identifier MCAI-2021-01050-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 supersede Airworthiness Directive (AD)
2021-09-13, which applies to certain ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. Since
the FAA issued AD 2021-09-13, the FAA has determined that new or more
restrictive airworthiness limitations are necessary. This proposed AD
would revise the applicability by adding airplanes. This proposed AD
would also continue to require the actions in AD 2021-09-13 and require
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 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 May 23,
2022.
ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
[[Page 20784]]
<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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, 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#a4e5e0d7e4c1c5d7c58ac1d1d6cbd4c58ac1d1"><span class="__cf_email__" data-cfemail="3c7d784f7c595d4f5d1259494e534c5d125949">[email protected]</span></a>; internet
www.easa.europa.eu. You may find this 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-2022-0396.
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-2022-0396; 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, the
mandatory continuing airworthiness information (MCAI), 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, FAA, International Validation Branch,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email <a href="/cdn-cgi/l/email-protection#d3a0bbb2bba1b2befdb7b2bdb6a0bbbeb2bdb7ba93b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="32415a535a40535f1c56535c57415a5f535c565b725453531c555d44">[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-2022-0396; Project Identifier
MCAI-2021-01050-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, FAA,
International Validation Branch, 2200 South 216th St., Des Moines, WA
98198; telephone and fax 206-231-3220; email
<a href="/cdn-cgi/l/email-protection#97e4fff6ffe5f6fab9f3f6f9f2e4fffaf6f9f3fed7f1f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="5a29323b32283b37743e3b343f2932373b343e331a3c3b3b743d352c">[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
The FAA issued AD 2021-09-13, Amendment 39-21527 (86 FR 27031, May
19, 2021) (AD 2021-09-13), for certain ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. The
FAA issued AD 2021-09-13 to prevent reduced structural integrity of the
airplane.
Actions Since AD 2021-09-13 Was Issued
Since the FAA issued AD 2021-09-13, the FAA has determined that new
or more restrictive airworthiness limitations are necessary.
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2021-0212, dated September 17, 2021
(EASA AD 2021-0212) (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 ATR42-400
and -500 airplanes. Model ATR42-400 airplanes are not certificated by
the FAA and are not included on the U.S. type certificate data sheet;
this AD therefore does not include those airplanes in the
applicability.
Airplanes with an original airworthiness certificate or original
export certificate of airworthiness issued after March 4, 2021, must
comply with the airworthiness limitations specified as part of the
approved type design and referenced on the type certificate data sheet;
this proposed AD therefore does not include those airplanes in the
applicability.
This proposed AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
proposing this AD to prevent reduced structural integrity of the
airplane. See the MCAI for additional background information.
Related Service Information Under 1 CFR Part 51
EASA AD 2021-0212 describes new or more restrictive airworthiness
limitations for airplane structures and for safe life limits of the
components, among other actions not required by this AD.
This AD would also require EASA AD 2020-0263, dated December 1,
2020, which the Director of the Federal Register approved for
incorporation by reference as of June 23, 2021 (86 FR 27031, May 19,
2021).
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
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 has
evaluated all pertinent information and determined an unsafe condition
exists and is likely
[[Page 20785]]
to exist or develop on other products of the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain the requirements of AD 2021-09-13.
This proposed AD would also revise the applicability by adding
airplanes and require revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, which are specified in EASA AD 2021-0212
described previously, as proposed for incorporation by reference.
Revising the existing maintenance or inspection program, as specified
in EASA AD 2021-0212, would terminate the retained requirements in AD
2021-09-13. Any differences with EASA AD 2021-0212 are identified as
exceptions in the regulatory text of this proposed AD.
This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections) and
Critical Design Configuration Control Limitations (CDCCLs). Compliance
with these actions and CDCCLs is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(m)(1) of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2021-0212 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2021-0212 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 EASA AD 2021-0212 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 EASA AD 2021-
0212. Service information required by EASA AD 2021-0212 for compliance
will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0396 after the FAA final rule is
published.
Airworthiness Limitation ADs Using the New Process
The FAA's process of incorporating by reference MCAI ADs as the
primary source of information for compliance with corresponding FAA ADs
has been limited to certain MCAI ADs (primarily those with service
bulletins as the primary source of information for accomplishing the
actions required by the FAA AD). However, the FAA is now expanding the
process to include MCAI ADs that require a change to airworthiness
limitation documents, such as airworthiness limitation sections.
For these ADs that incorporate by reference an MCAI AD that changes
airworthiness limitations, the FAA requirements are unchanged.
Operators must revise the existing maintenance or inspection program,
as applicable, to incorporate the information specified in the new
airworthiness limitation document. The airworthiness limitations must
be followed according to 14 CFR 91.403(c) and 91.409(e).
The previous format of the airworthiness limitation ADs included a
paragraph that specified that no alternative actions (e.g.,
inspections), intervals, or CDCCLs/or intervals may be used unless the
actions, intervals, and CDCCLs/actions and intervals are approved as an
Alternative Methods of Compliance (AMOC) in accordance with the
procedures specified in the AMOCs paragraph under ``Additional FAA
Provisions.'' This new format includes a ``New Provisions for
Alternative Actions, Intervals, and CDCCLs/Actions and Intervals''
paragraph that does not specifically refer to AMOCs, but operators may
still request an AMOC to use an alternative action, interval, or CDCCL/
action or interval.
Costs of Compliance
The FAA estimates that this proposed AD affects 9 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this
proposed AD:
The FAA estimates the total cost per operator for the retained
actions from AD 2021-09-13 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 proposed
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
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) 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.
[[Page 20786]]
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:
0
a. Removing Airworthiness Directive (AD) 2021-09-13, Amendment 39-21527
(86 FR 27031, May 19, 2021); and
0
b. Adding the following new AD:
ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2022-
0396; Project Identifier MCAI-2021-01050-T.
(a) Comments Due Date
The FAA must receive comments by May 23, 2022.
(b) Affected ADs
This AD replaces AD 2021-09-13, Amendment 39-21527 (86 FR 27031,
May 19, 2021) (AD 2021-09-13).
(c) Applicability
This AD applies to ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 airplanes, certificated in any category, with an
original airworthiness certificate or original export certificate of
airworthiness issued on or before March 4, 2021.
(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 prevent reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Retained Revision of the Existing Maintenance or Inspection
Program, With a Revised Paragraph Reference and a New Terminating
Action
This paragraph restates the requirements of paragraph (j) of AD
2021-09-13, with a revised paragraph reference and a new terminating
action. For airplanes with an original airworthiness certificate or
original export certificate of airworthiness dated on or before July
7, 2020: 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
2020-0263, dated December 1, 2020 (EASA AD 2020-0263). Accomplishing
the maintenance or inspection program revision required by paragraph
(j) of this AD terminates the requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2020-0263, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2021-09-13, with no changes. For airplanes with an
original airworthiness certificate or original export certificate of
airworthiness dated on or before July 7, 2020, the following
exceptions apply:
(1) The requirements specified in paragraphs (1) and (2) of EASA
AD 2020-0263 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2020-0263 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, within 90 days
after June 23, 2021 (the effective date of AD 2021-09-13).
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2020-0263 is at the applicable ``thresholds''
as incorporated by the requirements of paragraph (3) of EASA AD
2020-0263, or within 90 days after June 23, 2021 (the effective date
of AD 2021-09-13), whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2020-0263 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2020-0263 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With a New
Exception
This paragraph restates the requirements of paragraph (l) of AD
2021-09-13, with a new exception. Except as required by paragraphs
(j) and (k) of this AD, after the maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections), intervals, and CDCCLs are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2020-0263.
(j) New Revision of the Existing Maintenance or Inspection Program
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 2021-0212, dated September 17, 2021 (EASA
AD 2021-0212). 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 2021-0212
(1) Where EASA AD 2021-0212 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 2021-0212 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2021-0212 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, within 90 days
after the effective date of this AD.
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA 2021-0212 is at the applicable ``limitations''
and ``associated thresholds'' as incorporated by the requirements of
paragraph (3) of EASA AD 2021-0212, 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 2021-0212 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2021-0212 does not apply
to this AD.
(l) New Provisions for Alternative Actions, Intervals, and CDCCLs
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections), intervals, and CDCCLs are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2021-0212.
(m) Additional 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 (n)(2) of
this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#546d7915020779151d06796367647915191b17143235357a333b22"><span class="__cf_email__" data-cfemail="f9c0d4b8afaad4b8b0abd4cecac9d4b8b4b6bab99f9898d79e968f">[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
(1) For EASA AD 2021-0212, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#b9f8fdcaf9dcd8cad897dccccbd6c9d897dccc"><span class="__cf_email__" data-cfemail="95d4d1e6d5f0f4e6f4bbf0e0e7fae5f4bbf0e0">[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
[[Page 20787]]
the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and
locating Docket No. FAA-2022-0396.
(2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, Large Aircraft Section, FAA,
International Validation Branch, 2200 South 216th St., Des Moines,
WA 98198; telephone and fax 206-231-3220; email
<a href="/cdn-cgi/l/email-protection#5d2e353c352f3c3073393c33382e35303c3339341d3b3c3c733a322b"><span class="__cf_email__" data-cfemail="c0b3a8a1a8b2a1adeea4a1aea5b3a8ada1aea4a980a6a1a1eea7afb6">[email protected]</span></a>.
Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2022-07470 Filed 4-7-22; 8:45 am]
BILLING CODE 4910-13-P
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