Proposed Rule2022-24542
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 10, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to revise a notice of proposed rulemaking (NPRM) to supersede Airworthiness Directive (AD) 2021-09-13, which applies to certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 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 217 (Thursday, November 10, 2022)</title>
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<body><pre>
[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Proposed Rules]
[Pages 67842-67845]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24542]
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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: 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) 2021-09-13, which
applies to certain ATR-GIE Avions de Transport R[eacute]gional Model
ATR42-500 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 December 27,
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-
[[Page 67843]]
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.
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
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 the NPRM, this SNPRM, the mandatory continuing
airworthiness information (MCAI), any comments received, and other
information. The street address for Docket Operations is listed above.
Material Incorporated by Reference:
<bullet> For material that is proposed for incorporation by
reference in this SNPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#76373205361317051758130304190617581303"><span class="__cf_email__" data-cfemail="2e6f6a5d6e4b4f5d4f004b5b5c415e4f004b5b">[email protected]</span></a>;
website easa.europa.eu. You may find this material on the EASA website
at ad.easa.europa.eu. It is also available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0396.
<bullet> You may view this service information 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.
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#a8dbc0c9c0dac9c586ccc9c6cddbc0c5c9c6ccc1e8cec9c986cfc7de"><span class="__cf_email__" data-cfemail="33405b525b41525e1d57525d56405b5e525d575a735552521d545c45">[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
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#b1c2d9d0d9c3d0dc9fd5d0dfd4c2d9dcd0dfd5d8f1d7d0d09fd6dec7"><span class="__cf_email__" data-cfemail="ea99828b82988b87c48e8b848f9982878b848e83aa8c8b8bc48d859c">[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.
The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2021-09-13 that would apply to certain ATR-GIE Avions de
Transport R[eacute]gional Model ATR42-500 airplanes. The NPRM published
in the Federal Register on April 8, 2022 (87 FR 20783) (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 2021-0212, dated September
17, 2021 (EASA AD 2021-0212), to correct an unsafe condition. The NPRM
proposed to retain the requirements of AD 2021-09-13. 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 2021-0212
and issued EASA AD 2022-0063, dated April 8, 2022 (EASA AD 2022-0063).
EASA AD 2022-0063 was issued because ATR-GIE Avions de Transport
published Revision 16 of the ATR 42-400/-500 Time Limits Document
(TLD), which included new or more restrictive maintenance tasks and
airworthiness limitations. EASA subsequently superseded EASA AD 2022-
0063 and issued EASA AD 2022-0200, dated September 26, 2022 (EASA AD
2022-0200) (also referred to after this as the MCAI). EASA AD 2022-0200
states that since EASA AD 2022-0063 was issued, ATR-GIE Avions de
Transport published Revision 17 of the ATR 42-400/-500 TLD, which
includes new or more restrictive maintenance tasks and airworthiness
limitations.
EASA AD 2022-0200 applies to 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 proposed AD therefore does not
include those airplanes in the applicability. Airplanes with an
original airworthiness certificate or original export certificate of
airworthiness issued after July 29, 2022, 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.
The FAA is proposing this AD to prevent reduced structural
integrity of the airplane. You may examine EASA AD 2022-0200 in the AD
docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-0396.
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 2022-0200 describes new or more restrictive maintenance
tasks and airworthiness limitations for airplane structures and for
safe life limits of the components.
[[Page 67844]]
This proposed 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
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 2021-09-13.
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 2022-0200 described previously, as proposed
for incorporation by reference. Any differences with EASA AD 2022-0200
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 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) 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:
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 on this airworthiness directive
(AD) by December 27, 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 July 29, 2022.
(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 a New Terminating Action
This paragraph restates the requirements of paragraph (j) of AD
2021-09-13, with a new
[[Page 67845]]
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 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 2020-0263, 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 paragraph
(j) 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 2022-0200, dated September 26, 2022 (EASA
AD 2022-0200). 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 2022-0200
(1) The requirements specified in paragraph (1) and (2) of EASA
AD 2022-0200 do not apply to this AD.
(2) Paragraph (3) of EASA AD 2022-0200 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 2022-0200 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0200, 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 2022-0200 do not apply to this AD.
(5) The ``Remarks'' section of EASA AD 2022-0200 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 2022-0200.
(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) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#d1e8fc908782fc909883fce6e2e1fc909c9e9291b7b0b0ffb6bea7"><span class="__cf_email__" data-cfemail="51687c1007027c1018037c6662617c101c1e12113730307f363e27">[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
approved by the DOA, the approval must include the DOA-authorized
signature.
(n) Additional Information
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#e3908b828b91828ecd87828d86908b8e828d878aa3858282cd848c95"><span class="__cf_email__" data-cfemail="dcafb4bdb4aebdb1f2b8bdb2b9afb4b1bdb2b8b59cbabdbdf2bbb3aa">[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 15, 2022.
(i) European Union Aviation Safety Agency (EASA) AD 2022-0200,
dated September 26, 2022.
(ii) [Reserved]
(4) The following service information was approved for IBR on
June 23, 2021 (86 FR 27031, May 19, 2021).
(i) EASA AD 2020-0263, dated December 1, 2020.
(ii) [Reserved]
(5) For EASA ADs 2022-0200 and 2020-0263, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000;
email <a href="/cdn-cgi/l/email-protection#0445407744616577652a6171766b74652a6171"><span class="__cf_email__" data-cfemail="ce8f8abd8eabafbdafe0abbbbca1beafe0abbb">[email protected]</span></a>; website easa.europa.eu.
(6) You may view this service information 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 service information 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#f39581dd9a9d80839690879a9c9db39d928192dd949c85"><span class="__cf_email__" data-cfemail="5d3b2f7334332e2d383e293432331d333c2f3c733a322b">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>.
Issued on November 5, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-24542 Filed 11-9-22; 8:45 am]
BILLING CODE 4910-13-P
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