Proposed Rule2023-15987
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
July 28, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-10-20, which applies to certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. AD 2021-10-20 requires revising the existing aircraft flight manual (AFM) and applicable corresponding operational procedures to update a systems limitation, limiting dispatch with certain equipment inoperative, performing an operational test of a certain contactor and an electrical test of a certain battery toggle switch, and performing corrective actions if necessary. Since the FAA issued AD 2021-10-20, new procedures for modifying the wiring and replacing the battery toggle switch have been developed that would terminate the AD requirements. This proposed AD would continue to require certain actions in AD 2021- 10-20, and would require modifying the battery toggle switch wiring and replacing the battery toggle switch, and would revise the applicability to include additional airplanes, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). This proposed AD would also prohibit the installation of affected parts. The FAA is proposing this AD to address the unsafe condition on these products.
Full Text
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<title>Federal Register, Volume 88 Issue 144 (Friday, July 28, 2023)</title>
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[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Proposed Rules]
[Pages 48764-48767]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15987]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1641; Project Identifier MCAI-2023-00598-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)
2021-10-20, which applies to certain ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. AD 2021-10-20
requires revising the existing aircraft flight manual (AFM) and
applicable corresponding operational procedures to update a systems
limitation, limiting dispatch with certain equipment inoperative,
performing an operational test of a certain contactor and an electrical
test of a certain battery toggle switch, and performing corrective
actions if necessary. Since the FAA issued AD 2021-10-20, new
procedures for modifying the wiring and replacing the battery toggle
switch have been developed that would terminate the AD requirements.
This proposed AD would continue to require certain actions in AD 2021-
10-20, and would require modifying the battery toggle switch wiring and
replacing the battery toggle switch, and would revise the applicability
to include additional airplanes, as specified in a European Union
Aviation Safety Agency (EASA) AD, which is proposed for incorporation
by reference (IBR). This proposed AD would also prohibit the
installation of affected parts. 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 September
11, 2023.
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: 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-2023-1641; 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.
Material Incorporated by Reference:
<bullet> For the EASA AD identified in this NPRM, you may contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email: <a href="/cdn-cgi/l/email-protection#befffacdfedbdfcddf90dbcbccd1cedf90dbcb"><span class="__cf_email__" data-cfemail="9cddd8efdcf9fdeffdb2f9e9eef3ecfdb2f9e9">[email protected]</span></a>; website: easa.europa.eu. You may
find this material on the EASA website: ad.easa.europa.eu. It is also
available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1641.
<bullet> You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th Street, Des Moines, WA. For information on the availability of
this material at the FAA, call 206-231-3195.
FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590;
telephone 206-231-3220; email: <a href="/cdn-cgi/l/email-protection#3c4f545d544e5d5112585d52594f54515d5258557c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="1f6c777e776d7e72317b7e717a6c77727e717b765f797e7e31787069">[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-2023-1641; Project Identifier
MCAI-2023-00598-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
[[Page 48765]]
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 NPRM.
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, Aviation Safety Engineer, FAA, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3220; email:
<a href="/cdn-cgi/l/email-protection#cbb8a3aaa3b9aaa6e5afaaa5aeb8a3a6aaa5afa28badaaaae5aca4bd"><span class="__cf_email__" data-cfemail="9deef5fcf5effcf0b3f9fcf3f8eef5f0fcf3f9f4ddfbfcfcb3faf2eb">[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 2021-10-20, Amendment 39-21553 (86 FR 26373, May
14, 2021) (AD 2021-10-20), for certain ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. AD 2021-10-20
was prompted by an MCAI originated by EASA, which is the Technical
Agent for the Member States of the European Union. EASA issued
Emergency AD 2021-0120-E, dated May 3, 2021, to correct an unsafe
condition.
AD 2021-10-20 requires revising the existing AFM and applicable
corresponding operational procedures to update a systems limitation,
limiting dispatch with certain equipment inoperative, performing an
operational test of a certain contactor and an electrical test of a
certain battery toggle switch, and performing corrective actions if
necessary. The FAA issued AD 2021-10-20 to address reports of temporary
loss of all display units and the integrated electronic standby
instrument (IESI), which could result in loss of control of the
airplane.
Actions Since AD 2021-10-20 Was Issued
The preamble to AD 2021-10-20 explained that the FAA considered the
requirements ``interim action'' and was considering further rulemaking.
The FAA has now determined that further rulemaking is indeed necessary,
and this proposed AD follows from that determination.
Since the FAA issued AD 2021-10-20, EASA superseded EASA Emergency
AD 2021-0120-E, dated May 3, 2021, and issued EASA AD 2023-0078R1,
dated April 20, 2023 (EASA AD 2023-0078R1) (also referred to as the
MCAI), to correct an unsafe condition for all ATR-GIE Avions de
Transport R[eacute]gional Model ATR42-400 and -500 airplanes and ATR72-
101, -102, -201, -202, -211, -212, -212A 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. The MCAI states that new
modification instructions have been published that would terminate the
requirements of AD 2021-10-20, and expands the applicability to include
Model ATR72-101, -102, -201, -202, -211, and -212 airplanes. Temporary
loss of all display units and the IESI, if not corrected, could result
in loss of control of the airplane.
The FAA is proposing this AD to address the unsafe condition on
these products. You may examine the MCAI in the AD docket at
<a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1641.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2021-10-20, this proposed AD would retain certain
requirements of AD 2021-10-20. Those requirements are referenced in
EASA AD 2023-0078R1, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0078R1 specifies procedures for revising the existing
AFM to update a systems limitation for the transformer rectifier unit
(TRU), limiting dispatch with certain equipment inoperative (which can
be done by amending the operator's minimum equipment list (MEL)),
performing an operational test of the contactor FIN 1PA for
discrepancies (i.e., a lack of power supply to DU 4 or a static
inverter 1 INV FAULT not being displayed on 29VU), replacing the
battery toggle switch FIN 7PA, modifying the wiring, and performing
corrective actions. Corrective actions include replacing the contactor
FIN 1PA and restoring wiring. EASA AD 2023-0078R1 also prohibits the
installation of affected parts.
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 this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced 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 the same type design.
Proposed AD Requirements in This NPRM
This proposed AD would retain certain requirements of AD 2021-10-
20. This proposed AD would add airplanes to the applicability and
require accomplishing the actions specified in EASA AD 2023-0078R1
described previously, except for any differences identified as
exceptions in the regulatory text of this proposed AD.
Compliance With MEL Revision
EASA AD 2023-0078R1 requires operators to ``inform all flight
crews'' of revisions to the existing AFM and MEL, and thereafter to
``operate the aeroplane accordingly.'' However, this proposed AD would
not specifically require those actions as those actions are already
required by FAA regulations.
FAA regulations require operators furnish to pilots any changes to
the AFM (for example, 14 CFR 121.137), and to ensure the pilots are
familiar with the AFM (for example, 14 CFR 91.505). As with any other
flightcrew training requirement, training on the updated AFM content is
tracked by the operators and recorded in each pilot's training record,
which is available for the FAA to review. FAA regulations also require
pilots to follow the procedures in the existing AFM including all
updates. 14 CFR 91.9 requires that any person operating a civil
aircraft must comply with the operating limitations specified in the
AFM. FAA regulations (14 CFR 121.628(a)(2)) require operators to
provide pilots with access to all of the
[[Page 48766]]
information contained in the operator's MEL. Furthermore, 14 CFR
121.628(a)(5) requires airplanes to be operated under all applicable
conditions and limitations contained in the operator's MEL. Therefore,
including a requirement in this proposed AD to operate the airplane
according to the revised AFM and MEL would be redundant and
unnecessary.
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 2023-0078R1 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0078R1 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 2023-0078R1 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 2023-
0078R1. Service information required by EASA AD 2023-0078R1 for
compliance will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-
2023-1641 after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 21 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
Cost per Cost on U.S.
Action Labor cost Parts cost product operators
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Retained actions from AD 2021-10-20... 3 work-hours x $85 per $0 $255 $3,825
hour = $255.
New proposed actions.................. 10 work-hours x $85 per 0 850 17,850
hour = $850.
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The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.
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 2021-10-20, Amendment 39-21553 (86
FR 26373, May 14, 2021); and
0
b. Adding the following new Airworthiness Directive:
ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2023-
1641; Project Identifier MCAI-2023-00598-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 11, 2023.
(b) Affected ADs
This AD replaces AD 2021-10-20, Amendment 39-21553 (86 FR 26373,
May 14, 2021) (AD 2021-10-20).
(c) Applicability
This AD applies to all ATR-GIE Avions de Transport
R[eacute]gional Model ATR42-500, and ATR72-101, -102, -201, -202, -
211, -212, and -212A airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code: 24, Electrical
Power.
(e) Unsafe Condition
This AD was prompted by reports of temporary loss of all display
units and the integrated electronic standby instrument (IESI). The
FAA is issuing this AD to address temporary loss of all display
units and the IESI, which could result in loss of control of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
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
2023-0078R1, dated April 20, 2023 (EASA AD 2023-0078R1).
[[Page 48767]]
(h) Exceptions to EASA AD 2023-0078R1
(1) Where EASA AD 2023-0078R1 refers to ``05 May 2021 [the
effective date of EASA AD 2021-0120-E],'' this AD requires using May
14, 2021 (the effective date of AD 2021-10-20).
(2) Where EASA AD 2023-0078R1 refers to its effective date, this
AD requires using the effective date of this AD.
(3) Where paragraphs (1), (2), and (5) of EASA AD 2023-0078R1
specify to ``inform all flight crews, and, thereafter, operate the
aeroplane accordingly,'' this AD does not require those actions as
those actions are already required by existing FAA operating
regulations (see 14 CFR 91.9, 91.505, and 121.137).
(4) Where paragraph (4) of EASA AD 2023-0078R1 specifies actions
if ``discrepancies are detected,'' for this AD a ``discrepancy'' is
defined as a lack of power supply to DU 4 or a INV FAULT is not
triggered.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0078R1.
(i) No Reporting Requirement
Although certain service information referenced in EASA AD 2023-
0078R1 specifies to submit certain information to the manufacturer,
this AD does not include that requirement.
(j) 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 (k) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#8cb5a1cddadfa1cdc5dea1bbbfbca1cdc1c3cfcceaededa2ebe3fa"><span class="__cf_email__" data-cfemail="e9d0c4a8bfbac4a8a0bbc4dedad9c4a8a4a6aaa98f8888c78e869f">[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.
(k) Additional Information
For more information about this AD, contact Shahram Daneshmandi,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone 206-231-3220; email
<a href="/cdn-cgi/l/email-protection#5d2e353c352f3c3073393c33382e35303c3339341d3b3c3c733a322b"><span class="__cf_email__" data-cfemail="55263d343d2734387b31343b30263d38343b313c153334347b323a23">[email protected]</span></a>.
(l) 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.
(i) European Union Aviation Safety Agency (EASA) AD 2023-0078R1,
dated April 20, 2023.
(ii) [Reserved]
(3) For EASA AD 2023-0078R1, contact EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email:
<a href="/cdn-cgi/l/email-protection#2d6c695e6d484c5e4c0348585f425d4c034858"><span class="__cf_email__" data-cfemail="e0a1a493a085819381ce8595928f9081ce8595">[email protected]</span></a>; website: easa.europa.eu. You may find this EASA
AD on the EASA website: ad.easa.europa.eu.
(4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th Street, Des Moines, WA. For information on the
availability of this material at the FAA, call 206-231-3195.
(5) 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#2c4a5e0245425f5c494f584543426c424d5e4d024b435a"><span class="__cf_email__" data-cfemail="9ff9edb1f6f1eceffafcebf6f0f1dff1feedfeb1f8f0e9">[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 July 21, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-15987 Filed 7-27-23; 8:45 am]
BILLING CODE 4910-13-P
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