Rule2023-02528
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
February 7, 2023
Effective
March 14, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2021-09- 13, which applied to certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by a determination that additional new or more restrictive airworthiness limitations are necessary. This AD retains the requirement of AD 2021-09-13. This AD also 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 88 Issue 25 (Tuesday, February 7, 2023)</title>
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[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7867-7869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02528]
[[Page 7867]]
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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;
Amendment 39-22315; AD 2023-02-08]
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) 2021-09-
13, which applied to certain ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 required
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. This
AD was prompted by a determination that additional new or more
restrictive airworthiness limitations are necessary. This AD retains
the requirement of AD 2021-09-13. This AD also 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 March 14, 2023.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 14,
2023.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of June
23, 2021 (86 FR 27031, May 19, 2021).
ADDRESSES:
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 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.
Material Incorporated by Reference:
<bullet> For material incorporated by reference 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#4c0d083f0c292d3f2d6229393e233c2d622939"><span class="__cf_email__" data-cfemail="48090c3b082d293b29662d3d3a273829662d3d">[email protected]</span></a>. You may find this material on the
EASA website at ad.easa.europa.eu.
<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. It is also available at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2022-0396.
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#f3809b929b81929edd97929d96809b9e929d979ab3959292dd949c85"><span class="__cf_email__" data-cfemail="bccfd4ddd4ceddd192d8ddd2d9cfd4d1ddd2d8d5fcdadddd92dbd3ca">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2021-09-13, Amendment 39-21527 (86 FR
27031, May 19, 2021) (AD 2021-09-13) (which corresponds to EASA AD
2020-0263, dated December 1, 2020). AD 2021-09-13 applied to certain
ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 airplanes.
AD 2021-09-13 required 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 NPRM published in the Federal Register on April 8, 2022 (87 FR
20783). The NPRM was prompted by AD 2021-0212, dated September 17,
2021, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2021-0212) to correct an unsafe
condition.
In the NPRM, the FAA 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, as specified in EASA AD
2021-0212.
The FAA issued a supplemental notice of proposed rulemaking (SNPRM)
to amend 14 CFR part 39 to supersede AD 2021-09-13. The SNPRM published
in the Federal Register on November 10, 2022 (87 FR 67842) (the SNPRM).
The SNPRM was prompted by a determination that additional new or more
restrictive airworthiness limitations are necessary; 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. In the SNPRM, the FAA proposed to
retain the requirements of AD 2021-09-13. The SNPRM also proposed to
require revising the existing maintenance or inspection program, as
applicable, to incorporate new and/or more restrictive airworthiness
limitations, as specified in EASA AD 2022-0200. The FAA is issuing this
AD to prevent reduced structural integrity of the airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2022-0396.
Discussion of Final Airworthiness Directive
Comments
The FAA received no comments on the SNPRM or on the determination
of the cost to the public.
Conclusion
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, and determined
that air safety requires adopting this AD as proposed. Accordingly, the
FAA is issuing this AD to address the unsafe condition on this product.
Except for minor editorial changes, this AD is adopted as proposed in
the SNPRM. None of the changes will increase the economic burden on any
operator.
Related Service Information Under 1 CFR Part 51
EASA AD 2022-0200 describes new or more restrictive maintenance
tasks and airworthiness limitations for
[[Page 7868]]
airplane structures and for safe life limits of the components.
This AD also requires 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 service information 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.
Costs of Compliance
The FAA estimates that this AD affects 9 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 2021-09-13 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 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 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 2021-09-13, Amendment 39-21527 (86
FR 27031, May 19, 2021); and
0
b. Adding the following new airworthiness directive:
2023-02-08 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-22315; Docket No. FAA-2022-0396; Project Identifier MCAI-2021-
01050-T.
(a) Effective Date
This airworthiness directive (AD) is effective March 14, 2023.
(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 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 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
[[Page 7869]]
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#063f2b4750552b474f542b3135362b474b49454660676728616970"><span class="__cf_email__" data-cfemail="635a4e2235304e222a314e5450534e222e2c20230502024d040c15">[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#f08398919882919dde94919e9583989d919e9499b0969191de979f86"><span class="__cf_email__" data-cfemail="a7d4cfc6cfd5c6ca89c3c6c9c2d4cfcac6c9c3cee7c1c6c689c0c8d1">[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
March 14, 2023.
(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#2f6e6b5c6f4a4e5c4e014a5a5d405f4e014a5a"><span class="__cf_email__" data-cfemail="4c0d083f0c292d3f2d6229393e233c2d622939">[email protected]</span></a>. You may find these EASA ADs on the EASA
website at ad.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#2442560a4d4a57544147504d4b4a644a4556450a434b52"><span class="__cf_email__" data-cfemail="e88e9ac681869b988d8b9c818786a886899a89c68f879e">[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 January 20, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-02528 Filed 2-6-23; 8:45 am]
BILLING CODE 4910-13-P
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