Proposed Rule2022-20616
Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes
Primary source
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Published
September 23, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to revise a notice of proposed rulemaking (NPRM) to supersede Airworthiness Directive (AD) 2018-18-05, which applies to certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes; and AD 2020-09-16, which applies to all ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, - 300, and -320 airplanes. This action revises the NPRM by including additional new or more restrictive airworthiness limitations. The FAA is proposing this AD to address the unsafe condition on these products. Since this action would impose an additional burden over those in the NPRM, the FAA is reopening the comment period to allow the public the chance to comment on these changes.
Full Text
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<title>Federal Register, Volume 87 Issue 184 (Friday, September 23, 2022)</title>
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[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Proposed Rules]
[Pages 58038-58041]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20616]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 /
Proposed Rules
[[Page 58038]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2022-0395; Project Identifier MCAI-2021-01048-T]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
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SUMMARY: The FAA proposes to revise a notice of proposed rulemaking
(NPRM) to supersede Airworthiness Directive (AD) 2018-18-05, which
applies to certain ATR-GIE Avions de Transport R[eacute]gional Model
ATR42-200, -300, and -320 airplanes; and AD 2020-09-16, which applies
to all ATR-GIE Avions de Transport R[eacute]gional Model ATR42-200, -
300, and -320 airplanes. This action revises the NPRM by including
additional new or more restrictive airworthiness limitations. The FAA
is proposing this AD to address the unsafe condition on these products.
Since this action would impose an additional burden over those in the
NPRM, the FAA is reopening the comment period to allow the public the
chance to comment on these changes.
DATES: The FAA must receive comments on this SNPRM by November 7, 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="http://regulations.gov">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: Hand deliver to Mail address above.
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#4504013605202436246b2030372a35246b2030"><span class="__cf_email__" data-cfemail="6a2b2e192a0f0b190b440f1f18051a0b440f1f">[email protected]</span></a>; website
easa.europa.eu. You may find this material on the EASA website at
ad.easa.europa.eu. 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="http://regulations.gov">regulations.gov</a> by searching for and locating Docket No. FAA-2022-0395.
Examining the AD Docket
You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> by searching for
and locating Docket No. FAA-2022-0395; 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 SNPRM, 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 206-231-3220;
email <a href="/cdn-cgi/l/email-protection#700318111802111d5e14111e1503181d111e1419301611115e171f06"><span class="__cf_email__" data-cfemail="e99a8188819b8884c78d88878c9a818488878d80a98f8888c78e869f">[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-2022-0395; Project Identifier
MCAI-2021-01048-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
this 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="http://regulations.gov">regulations.gov</a>, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this SNPRM.
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 SNPRM 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 SNPRM, 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 SNPRM. 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 206-231-3220; email
<a href="/cdn-cgi/l/email-protection#afdcc7cec7ddcec281cbcec1cadcc7c2cec1cbc6efc9cece81c8c0d9"><span class="__cf_email__" data-cfemail="691a0108011b0804470d08070c1a010408070d00290f0808470e061f">[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 2018-18-05, Amendment 39-19384 (83 FR 44463,
August 31, 2018) (AD 2018-18-05), for certain ATR-GIE Avions de
Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD
2018-18-05 requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
maintenance requirements and airworthiness limitations. The FAA issued
AD 2018-18-05 to prevent reduced structural integrity of the airplane.
The FAA also issued AD 2020-09-16, Amendment 39-19912 (85 FR 29596,
May 18, 2020) (AD 2020-09-16), which applies to all ATR-GIE Avions de
Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD
2020-09-16 requires revising the existing
[[Page 58039]]
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. The FAA issued AD 2020-09-
16 to address reduced structural integrity of the airplane. AD 2020-09-
16 specifies that accomplishing the revision required by paragraph (g)
of that AD terminates all requirements of AD 2018-18-05.
The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2018-18-05 and AD 2020-09-16 that would apply to all ATR-
GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320
airplanes. The NPRM published in the Federal Register on April 6, 2022
(87 FR 19818) (the NPRM). The NPRM was prompted by MCAI originated by
the European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union. EASA
issued AD 2021-0211, dated September 17, 2021 (EASA AD 2021-0211), to
correct an unsafe condition. The NPRM proposed to retain the
requirements of AD 2020-09-16. The NPRM also proposed to require
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, EASA superseded EASA AD 2021-0211
and issued EASA AD 2022-0062, dated April 8, 2022 (EASA AD 2022-0062)
(also referred to after this as the MCAI). The MCAI states that since
EASA AD 2021-0211 was issued ATR published Revision 11 of the ATR 42-
200/-300/-320 Time Limits Document (TLD), which includes new or more
restrictive maintenance tasks and airworthiness limitations.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0395.
Comments
The FAA received a comment from The Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0062 describes new or more restrictive maintenance
tasks and airworthiness limitations for airplane structures and
components.
This proposed AD would also require EASA AD 2019-0256, dated
October 17, 2019, which the Director of the Federal Register approved
for incorporation by reference as of June 22, 2020 (85 FR 29596, May
18, 2020).
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
These products have been approved by the aviation authority of
another country and are approved for operation in the United States.
Pursuant to the FAA's bilateral agreement with the State of Design
Authority, it has notified the FAA of the unsafe condition described in
the MCAI described above. The FAA is issuing this NPRM after
determining that the unsafe condition described previously is likely to
exist or develop in other products of these same type designs.
Certain changes described above expand the scope of the NPRM. As a
result, it is necessary to reopen the comment period to provide
additional opportunity for the public to comment on this SNPRM.
Proposed AD Requirements in This SNPRM
This proposed AD would retain the requirements of AD 2020-09-16.
This proposed AD would also require revising the existing maintenance
or inspection program, as applicable, to incorporate additional new or
more restrictive maintenance tasks and airworthiness limitations, which
are specified in EASA AD 2022-0062 described previously, as proposed
for incorporation by reference. Any differences with EASA AD 2022-0062
are identified as exceptions in the regulatory text of this 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 (AMOC) according to
paragraph (m)(1) of this proposed AD.
Costs of Compliance
The FAA estimates that this proposed AD affects 26 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 2020-09-16 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) 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.
[[Page 58040]]
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:
0
a. Removing Airworthiness Directive (AD) 2018-18-05, Amendment 39-19384
(83 FR 44463, August 31, 2018); and AD 2020-09-16, Amendment 39-19912
(85 FR 29596, May 18, 2020); and
0
b. Adding the following new AD:
ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2022-
0395; Project Identifier MCAI-2021-01048-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 7, 2022.
(b) Affected ADs
This AD replaces AD 2018-18-05, Amendment 39-19384 (83 FR 44463,
August 31, 2018); and AD 2020-09-16, Amendment 39-19912 (85 FR
29596, May 18, 2020) (AD 2020-09-16).
(c) Applicability
This AD applies to all ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, and -320 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
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 New Terminating Action
This paragraph restates the requirements of paragraph (g) of AD
2020-09-16, with a new terminating action. 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 2019-0256, dated October 17,
2019 (EASA AD 2019-0256). 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 2019-0256, With No Changes
This paragraph restates the exceptions specified in paragraph
(h) of AD 2020-09-16, with no changes.
(1) The requirements specified in paragraphs (1) and (3) of EASA
AD 2019-0256 do not apply to this AD.
(2) Where paragraph (2) of EASA AD 2019-0256 refers to its
effective date, this AD requires using June 22, 2020 (the effective
date of AD 2020-09-16).
(3) Paragraph (4) of EASA AD 2019-0256 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, to incorporate the ``limitations, tasks and
associated thresholds and intervals'' specified in paragraph (4) of
EASA AD 2019-0256 within 90 days after June 22, 2020 (the effective
date of AD 2020-09-16).
(4) The initial compliance time for doing the tasks specified in
paragraph (4) of EASA AD 2019-0256 is at the applicable ``associated
thresholds'' specified in paragraph (4) of EASA AD 2019-0256, or
within 90 days after June 22, 2020 (the effective date of AD 2020-
09-16), whichever occurs later.
(5) The provisions specified in paragraphs (5) and (6) of EASA
AD 2019-0256 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2019-0256 does not apply
to this AD.
(i) Retained Restrictions on Alternative Actions, Intervals, and
Critical Design Configuration Control Limitations (CDCCLs), With New
Exception
This paragraph restates the requirements of paragraph (i) of AD
2020-09-16, 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), intervals, and CDCCLs are
allowed unless they are approved as specified in the provisions of
the ``Ref. Publications'' section of EASA AD 2019-0256.
(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 2022-0062, dated April 8, 2022 (EASA AD
2022-0062). 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 2022-0062
(1) The requirements specified in paragraph (1) and (2) of EASA
AD 2022-0062 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0062 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.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0062 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0062, or within 90
days after the effective date of this AD, whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0062 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2022-0062 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 2022-0062.
(m) Additional AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
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 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#162f3b5740453b575f443b2125263b575b59555670777738717960"><span class="__cf_email__" data-cfemail="eed7c3afb8bdc3afa7bcc3d9dddec3afa3a1adae888f8fc0898198">[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, International
Validation Branch, FAA; or EASA; or ATR-GIE Avions de Transport
R[eacute]gional's EASA Design Organization Approval (DOA). If
(n) Related Information
(1) For EASA AD 2022-0062, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#e8a9ac9ba88d899b89c68d9d9a879889c68d9d"><span class="__cf_email__" data-cfemail="0e4f4a7d4e6b6f7d6f206b7b7c617e6f206b7b">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu. 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 at <a href="http://regulations.gov">regulations.gov</a> by
searching for and locating Docket No. FAA-2022-0395.
[[Page 58041]]
(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 206-231-3220; email <a href="/cdn-cgi/l/email-protection#bdced5dcd5cfdcd093d9dcd3d8ced5d0dcd3d9d4fddbdcdc93dad2cb"><span class="__cf_email__" data-cfemail="73001b121b01121e5d17121d16001b1e121d171a331512125d141c05">[email protected]</span></a>.
Issued on September 19, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-20616 Filed 9-22-22; 8:45 am]
BILLING CODE 4910-13-P
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