Proposed Rule2023-17354
Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes
Primary source
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Published
August 14, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to adopt a new airworthiness directive (AD) for certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42- 500 and ATR72-212A airplanes. This proposed AD was prompted by reports of loose fasteners and cracks in the horizontal stabilizer (HS) left- and right-hand leading edge lateral ribs, the box in between, the center box upper panel, and HS forward back-up fitting. This proposed AD would require an inspection of the HS affected areas for discrepancies and applicable corrective action, as specified in a European Union Aviation Safety Agency (EASA), which is proposed for incorporation by reference (IBR). 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 155 (Monday, August 14, 2023)</title>
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[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Proposed Rules]
[Pages 54944-54946]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17354]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1713; Project Identifier MCAI-2023-00781-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 adopt a new airworthiness directive (AD)
for certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
500 and ATR72-212A airplanes. This proposed AD was prompted by reports
of loose fasteners and cracks in the horizontal stabilizer (HS) left-
and right-hand leading edge lateral ribs, the box in between, the
center box upper panel, and HS forward back-up fitting. This proposed
AD would require an inspection of the HS affected areas for
discrepancies and applicable corrective action, as specified in a
European Union Aviation Safety Agency (EASA), which is proposed for
incorporation by reference (IBR). 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
28, 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-2023-1713; 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 EASA material that is proposed for IBR in this NPRM,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#19585d6a597c786a78377c6c6b766978377c6c"><span class="__cf_email__" data-cfemail="f5b4b186b590948694db9080879a8594db9080">[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-2023-1713.
<bullet> For ATR--GIE Avions de Transport R[eacute]gional service
information identified in this NPRM, contact ATR--GIE Avions de
Transport R[eacute]gional, 1 All[eacute]e Pierre Nadot, 31712 Blagnac
Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67
18; email continued.airworthiness@atr <a href="http://aircraft.com">aircraft.com</a>; website atr-
<a href="http://aircraft.com">aircraft.com</a>.
<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#ef9c878e879d8e82c18b8e818a9c87828e818b86af898e8ec1888099"><span class="__cf_email__" data-cfemail="b3c0dbd2dbc1d2de9dd7d2ddd6c0dbded2ddd7daf3d5d2d29dd4dcc5">[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-2023-1713; Project Identifier
MCAI-2023-00781-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 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#86f5eee7eef4e7eba8e2e7e8e3f5eeebe7e8e2efc6e0e7e7a8e1e9f0"><span class="__cf_email__" data-cfemail="0d7e656c657f6c6023696c63687e65606c6369644d6b6c6c236a627b">[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.
[[Page 54945]]
Background
EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2023-0125, dated June 22, 2023 (EASA
AD 2023-0125) (also referred to as the MCAI), to correct an unsafe
condition for certain ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 and ATR72-212A airplanes. The MCAI states that several
occurrences of loose fasteners and cracks on the HS left- and right-
hand leading edge lateral ribs, the box in between, the center box
upper panel, and HS forward back-up fitting have been reported.
Subsequent investigations identified possible manufacturing errors and
a list of horizontal tail planes that could be affected by similar
issues. This condition, if not detected and corrected, could reduce the
structural integrity 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-2023-1713.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0125 specifies procedures for a one-time detailed
inspection of the HS left- and right-hand leading edge lateral ribs,
the box in between, the center box upper panel, and HS forward back-up
fitting for discrepancies (i.e., loose, missing, or incorrectly
installed fasteners, composite delamination, and a cracked fitting);
and applicable corrective action. The corrective action includes
contacting the manufacturer for repair instructions if any discrepancy
is detected during any inspection.
ATR Service Bulletin ATR42-55-0020, dated March 2, 2023; and ATR
Service Bulletin ATR72-55-1013, dated March 2, 2023; identify the
affected airplane serial numbers.
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 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 and
service information 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 require accomplishing the actions specified
in EASA AD 2023-0125 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Explanation of Required Compliance Information
In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2023-0125 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0125 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 2023-0125 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-
0125. Service information required by EASA AD 2023-0125 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1713
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 16 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.
Labor cost Parts cost product operators
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8 work-hours x $85 per hour = $680........................... $0 $680 $10,880
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The FAA has received no definitive data on which to base the cost
estimates for the on-condition repairs specified in this proposed AD.
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.
[[Page 54946]]
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 adding the following new airworthiness
directive:
ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2023-
1713; Project Identifier MCAI-2023-00781-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by September 28, 2023.
(b) Affected ADs
None.
(c) Applicability
This AD applies to ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-500 and ATR72-212A airplanes, certificated in any
category, as identified in ATR Service Bulletin ATR42-55-0020, dated
March 2, 2023; or ATR Service Bulletin ATR72-55-1013, dated March 2,
2023; as applicable.
(d) Subject
Air Transport Association (ATA) of America Code: 55,
Stabilizers.
(e) Unsafe Condition
This AD was prompted by reports of loose fasteners and cracks in
the horizontal stabilizer (HS) left- and right-hand leading edge
lateral ribs, the box in between, the center box upper panel, and HS
forward back-up fitting. The FAA is issuing this AD to address
loose, missing, or incorrectly installed fasteners, composite
delamination, and cracks in the HS. The unsafe condition, if not
addressed, could result in reduced structural integrity of the
airplane.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Requirements
Except as specified in paragraphs (h) and (i) of this AD: Comply
with all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2023-0125, dated June 22, 2023 (EASA AD 2023-0125).
(h) Exceptions to EASA AD 2023-0125
(1) Where paragraph (1) of EASA AD 2023-0125 refers to its
effective date, this AD requires using the effective date of this
AD.
(2) Where paragraph (2) of EASA AD 2023-0125 specifies to
``contact ATR for approved repair instructions and, within the
compliance time specified therein, accomplish those instructions
accordingly'' if any discrepancy is detected, for this AD if any
crack is detected, the crack must be repaired before further flight
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.
(3) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0125.
(i) No Reporting Requirement
Although the service information referenced in EASA AD 2023-0125
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#87beaac6d1d4aac6ced5aab0b4b7aac6cac8c4c7e1e6e6a9e0e8f1"><span class="__cf_email__" data-cfemail="fac3d7bbaca9d7bbb3a8d7cdc9cad7bbb7b5b9ba9c9b9bd49d958c">[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#88fbe0e9e0fae9e5a6ece9e6edfbe0e5e9e6ece1c8eee9e9a6efe7fe"><span class="__cf_email__" data-cfemail="f6859e979e84979bd892979893859e9b9798929fb6909797d8919980">[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 2023-0125,
dated June 22, 2023.
(ii) ATR Service Bulletin ATR42-55-0020, dated March 2, 2023.
(iii) ATR Service Bulletin ATR72-55-1013, dated March 2, 2023.
(3) For EASA AD 2023-0125, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#84c5c0f7c4e1e5f7e5aae1f1f6ebf4e5aae1f1"><span class="__cf_email__" data-cfemail="77363304371216041659120205180716591202">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website ad.easa.europa.eu.
(4) For ATR service information identified in this AD, contact
ATR--GIE Avions de Transport R[eacute]gional, 1 All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; email continued.airworthiness@atr
<a href="http://aircraft.com">aircraft.com</a>; website atr-<a href="http://aircraft.com">aircraft.com</a>.
(5) You may view this material 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.
(6) You may view this material 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#2244500c4b4c51524741564b4d4c624c4350430c454d54"><span class="__cf_email__" data-cfemail="f09682de999e8380959384999f9eb09e918291de979f86">[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 August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-17354 Filed 8-11-23; 8:45 am]
BILLING CODE 4910-13-P
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