Proposed Rule2023-22071
Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes
Primary source
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Published
October 5, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to supersede Airworthiness Directive (AD) 2021-17-02, which applies to all ATR--GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD 2021-17- 02 requires a one-time inspection for discrepancies of the wire bundles between the left- and right-hand angle of attack (AOA) probes and the crew alerting computer, and, depending on findings, applicable corrective actions. AD 2021-17-02 also required for certain airplanes, modifying the captain stick shaker wiring, and for all airplanes, revising the existing aircraft flight manual (AFM) and applicable corresponding operational procedures to incorporate procedures for the stick pusher/shaker. Since the FAA issued AD 2021-17-02, a modification was developed to the affected wiring. This proposed AD would require installing a new AOA power supply unit and revising the existing AFM, as specified in a European Union Aviation Safety Agency (EASA) AD, 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 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Proposed Rules]
[Pages 69102-69105]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22071]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2023-1987; Project Identifier MCAI-2023-00807-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)
2021-17-02, which applies to all ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD 2021-17-
02 requires a one-time inspection for discrepancies of the wire bundles
between the left- and right-hand angle of attack (AOA) probes and the
crew alerting computer, and, depending on findings, applicable
corrective actions. AD 2021-17-02 also required for certain airplanes,
modifying the captain stick shaker wiring, and for all airplanes,
revising the existing aircraft flight manual (AFM) and applicable
corresponding operational procedures to incorporate procedures for the
stick pusher/shaker. Since the FAA issued AD 2021-17-02, a modification
was developed to the affected wiring. This proposed AD would require
installing a new AOA power supply unit and revising the existing AFM,
as specified in a European Union Aviation Safety Agency (EASA) AD,
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 November
20, 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-2023-1987; 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 ADs identified 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#f9b8bd8ab99c988a98d79c8c8b968998d79c8c"><span class="__cf_email__" data-cfemail="ce8f8abd8eabafbdafe0abbbbca1beafe0abbb">[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-2023-1987.
<bullet> 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.
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#d7a4bfb6bfa5b6baf9b3b6b9b2a4bfbab6b9b3be97b1b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="2d5e454c455f4c4003494c43485e45404c4349446d4b4c4c034a425b">[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-2023-1987; Project Identifier
MCAI-2023-00807-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#097a6168617b6864276d68676c7a616468676d60496f6868276e667f"><span class="__cf_email__" data-cfemail="c1b2a9a0a9b3a0acefa5a0afa4b2a9aca0afa5a881a7a0a0efa6aeb7">[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 2021-17-02, Amendment 39-21685 (86 FR 48490,
August 31, 2021) (AD 2021-17-02), for all ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD 2021-17-
02 was prompted by an MCAI originated by EASA, which is the Technical
Agent for the Member States of the European Union. EASA issued AD 2021-
0024, dated January 19, 2021, to correct false
[[Page 69103]]
activation of the stall warning system due to wiring damage on the wire
bundle between an AOA probe and the crew alerting computer.
AD 2021-17-02 requires a one-time inspection for discrepancies of
the wire bundles between the left- and right-hand AOA probes and the
crew alerting computer, and, depending on findings, applicable
corrective actions. AD 2021-17-02 also required for certain airplanes,
modifying the captain stick shaker wiring, and for all airplanes,
revising the existing AFM and applicable corresponding operational
procedures to incorporate procedures for the stick pusher/shaker.
Actions Since AD 2021-17-02 Was Issued
The preamble to AD 2021-17-02 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 2021-17-02, EASA superseded AD 2021-0024,
dated January 19, 2021, and issued EASA AD 2023-0134, dated July 5,
2023 (EASA AD 2023-0134) (also referred to as the MCAI), to correct an
unsafe condition for all ATR--GIE Avions de Transport R[eacute]gional
Model ATR42-200, -300, and -320 airplanes. The MCAI states final
modification instructions of the affected wiring were developed. This
proposed AD requires installing a new AOA power supply unit, and
removes the AFM amendment.
The FAA is proposing this AD to address false activation of the
stall warning system, which could result in loss of control of the
airplane during take-off and landing phases. You may examine the MCAI
in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1987.
Explanation of Retained Requirements
Although this proposed AD does not explicitly restate the
requirements of AD 2021-17-02, this proposed AD would retain all of the
requirements of AD 2021-17-02. Those requirements are referenced in
EASA AD 2023-0134, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0134 specifies procedures for installing the AOA power
supply unit and removing the AFM amendment. 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 all of the requirements of AD 2021-
17-02. This proposed AD would require accomplishing the actions
specified in EASA AD 2023-0134 described previously.
EASA AD 2023-0134 requires operators to amend the AFM to ``inform
all flight crews'' of revisions to the AFM; and thereafter to ``operate
the aeroplane accordingly.'' However, this 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. Therefore, including a requirement in
this AD to operate the airplane according to the revised AFM would be
redundant and unnecessary. Further, compliance with such a requirement
in an AD would be impracticable to demonstrate or track on an ongoing
basis; therefore, a requirement to operate the airplane in such a
manner would be unenforceable. Further, EASA AD 2023-0134 provides for
the removal of the AFM amendment concurrently with the required
modification.
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 2023-0134 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0134 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 2023-0134 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-
0134. Service information required by EASA AD 2023-0134 for compliance
will be available at <a href="http://regulations.gov">regulations.gov</a> under Docket No. FAA-2023-1987
after the FAA final rule is published.
Costs of Compliance
The FAA estimates that this AD, if adopted as proposed, would
affect 26 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:
Estimated Costs for Required Actions
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Cost on U.S.
Action Labor cost Parts cost Cost per product operators
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Retained actions from AD 2021-17- Up to 14 work-hours $100 Up to $1,290....... Up to $33,540.
02. x $85 per hour =
Up to $1,190.
New proposed actions............. 50 work-hours x $85 0 $4,250............. $110,500.
per hour = $4,250.
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[[Page 69104]]
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 2021-17-02, Amendment 39-21685 (86
FR 48490, August 31, 2021); and
0
b. Adding the following new Airworthiness Directive:
ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2023-
1987; Project Identifier MCAI-2023-00807-T.
(a) Comments Due Date
The FAA must receive comments on this airworthiness directive
(AD) by November 20, 2023.
(b) Affected ADs
This AD replaces AD 2021-17-02, Amendment 39 21685 (86 FR 48490,
August 31, 2021) (AD 2021-17-02).
(c) Applicability
This AD applies to all ATR--GIE Avions de Transport
R[eacute]gional Model ATR42-200, -300, and -320 airplanes,
certificated in any category.
(d) Subject
Air Transport Association (ATA) of America Code: 31,
Instruments.
(e) Unsafe Condition
This AD was prompted by false activation of the stall warning
system due to wiring damage on the wire bundle between an angle of
attack (AOA) probe and the crew alerting computer, and the
development of a wiring modification and aircraft flight manual
(AFM) update to address the unsafe condition. The FAA is issuing
this AD to address this condition, which could result in loss of
control of the airplane during take-off and landing phases.
(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, EASA AD 2023-0134, dated July 5, 2023 (EASA AD
2023-0134).
(h) Exceptions to EASA AD 2023-0134
(1) Where EASA AD 2023-0134 refers to ``27 October 2020 [the
effective date of EASA AD 2020-0221],'' this AD requires using
``December 3, 2020 (the effective date of AD 2020-23-13)''.
(2) Where EASA AD 2023-0134 refers to ``02 February 2021 [the
effective date of EASA AD 2021-00024],'' this AD requires using
``October 5, 2021 (the effective date of AD 2021-17-02, Amendment
39-21330 (85 FR 73407, November 18, 2020))''.
(3) Where paragraph (2) of EASA AD 2023-0134 refers to
``discrepancies,'' for this AD, discrepancies include, but are not
limited to, wire damage, missing or damaged conduits, and incorrect
routing of wiring and conduits.
(4) Where paragraph (2) of EASA AD 2023-0134 specifies to
``contact ATR for approved instructions for corrective action and
accomplish those instructions accordingly'' if discrepancies are
detected; for this AD if any discrepancy is detected, the
discrepancy 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.
(5) Paragraphs (4), (5), and (6) of EASA AD 2023-0134 specify
amending ``the applicable AFM [aircraft flight manual] of that
aeroplane by inserting the AFM change provided in Appendix 1 of this
[EASA] AD,'' however this AD requires amending ``the existing AFM
and applicable corresponding operational procedures to incorporate
the limitations and procedures specified in Appendix 1 of EASA AD
2023-0134.''
(6) Where paragraphs (4) and (5) of EASA AD 2023-0134 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).
(7) Where EASA AD 2023-0134 refers to its effective date, this
AD requires using the effective date of this AD.
(8) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0134.
(i) 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 manager of the
International Validation Branch, mail it to the address identified
in paragraph (j) of this AD or email to: <a href="/cdn-cgi/l/email-protection#9da4b0dccbceb0dcd4cfb0aaaeadb0dcd0d2deddfbfcfcb3faf2eb"><span class="__cf_email__" data-cfemail="d0e9fd918683fd919982fde7e3e0fd919d9f9390b6b1b1feb7bfa6">[email protected]</span></a>.
If mailing information, also submit information by email. 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 DOA. If approved by the DOA, the approval
must include the DOA-authorized signature.
(j) 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#186b7079706a7975367c79767d6b707579767c71587e7979367f776e"><span class="__cf_email__" data-cfemail="e6958e878e94878bc882878883958e8b8788828fa6808787c8818990">[email protected]</span></a>.
(k) 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.
[[Page 69105]]
(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 2023-0134,
dated July 5, 2023 (EASA AD 2023-0134).
(ii) [Reserved]
(3) For EASA AD 2023-0134, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#68292c1b280d091b09460d1d1a071809460d1d"><span class="__cf_email__" data-cfemail="f1b0b582b194908290df9484839e8190df9484">[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 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.
(5) 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#ff998dd196918c8f9a9c8b969091bf919e8d9ed1989089"><span class="__cf_email__" data-cfemail="f99f8bd790978a899c9a8d909697b997988b98d79e968f">[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 September 28, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22071 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P
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