Proposed Rule2024-11002
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
May 21, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is revising a notice of proposed rulemaking (NPRM) 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. This action revises the NPRM by proposing additional modification of the affected wiring for certain airplanes. The FAA is proposing this AD to address the unsafe condition on these products. Since these actions would impose an additional burden over those in the NPRM, the FAA is requesting comments on this SNPRM.
Full Text
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<title>Federal Register, Volume 89 Issue 99 (Tuesday, May 21, 2024)</title>
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[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Proposed Rules]
[Pages 44568-44571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11002]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 89 , No. 99 / Tuesday, May 21, 2024 /
Proposed Rules
[[Page 44568]]
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: Supplemental notice of proposed rulemaking (SNPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 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. This action revises the NPRM by proposing additional
modification of the affected wiring for certain airplanes. The FAA is
proposing this AD to address the unsafe condition on these products.
Since these actions would impose an additional burden over those in the
NPRM, the FAA is requesting comments on this SNPRM.
DATES: The FAA must receive comments on this SNPRM by July 5, 2024.
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 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 European Union Aviation Safety Agency (EASA) material,
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#e3a2a790a386829082cd8696918c9382cd8696"><span class="__cf_email__" data-cfemail="b8f9fccbf8ddd9cbd996ddcdcad7c8d996ddcd">[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-2023-1987.
<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#32415a535a40535f1c56535c57415a5f535c565b725453531c555d44"><span class="__cf_email__" data-cfemail="3b48535a53495a56155f5a555e4853565a555f527b5d5a5a155c544d">[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 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, Aviation Safety Engineer, FAA, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 206-231-3220;
email: <a href="/cdn-cgi/l/email-protection#cab9a2aba2b8aba7e4aeaba4afb9a2a7aba4aea38aacababe4ada5bc"><span class="__cf_email__" data-cfemail="b1c2d9d0d9c3d0dc9fd5d0dfd4c2d9dcd0dfd5d8f1d7d0d09fd6dec7">[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 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. 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 requires, for certain airplanes, modifying the captain
stick shaker wiring, and for all airplanes, revising the existing
aircraft flight manual (AFM) and applicable
[[Page 44569]]
corresponding operational procedures to incorporate procedures for the
stick pusher/shaker. AD 2021-17-02 superseded AD 2020-23-13, Amendment
39-21330 (85 FR 73407, November 18, 2020).
Actions Since AD 2021-17-02 Was Issued
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), to correct an unsafe condition for all ATR--
GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320
airplanes. EASA AD 2023-0134 states that final modification
instructions of the affected wiring were developed.
The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to
supersede AD 2021-17-02 that would apply to all ATR--GIE Avions de
Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes.
The NPRM published in the Federal Register on October 5, 2023 (88 FR
69102). In the NPRM, the FAA proposed to retain all of the requirements
of AD 2021-17-02. The NPRM also proposed to require installing a new
AOA power supply unit and removing the AFM amendment.
Actions Since the NPRM Was Issued
Since the FAA issued the NPRM, EASA superseded EASA AD 2023-0134
and issued EASA AD 2023-0191, dated November 2, 2023 (EASA AD 2023-
0191) (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 that since EASA AD 2023-0134
was issued, the manufacturer published ATR Service Bulletin ATR42-31-
0121, Revision 2, dated September 13, 2023, which specifies additional
wiring modification for certain airplanes.
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.
Comments
The FAA received one comment, from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
Additional Changes Made to This SNPRM
The FAA determined that the exception specified in paragraph (h)(4)
of the proposed AD (in the NPRM) is not necessary because it would have
required repairing all discrepancies before further flight, which is
more restrictive than the MCAI. The FAA also determined that the
exception specified in paragraph (h)(5) of the proposed AD (in the
NPRM) is not necessary because it would have required amending
``applicable corresponding operational procedures,'' which the FAA has
determined should not be an AD requirement. The FAA has removed both
exceptions from this proposed AD and renumbered subsequent paragraphs
accordingly.
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 2023-0191, which, in turn, is referenced in paragraph (g) of
this proposed AD.
Related Service Information Under 1 CFR Part 51
EASA AD 2023-0191 specifies procedures for 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 (repair). EASA AD 2023-0191 also
specifies procedures, for certain airplanes, for modifying the captain
stick shaker wiring, and for all airplanes, revising the existing AFM
to incorporate procedures for the stick pusher/shaker. Finally, EASA AD
2023-0191 specifies procedures for installing the AOA power supply
unit, removing the AFM amendment, and accomplishing additional
modification of the affected wiring. 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.
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 SNPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.
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 all of the requirements of AD 2021-
17-02. This proposed AD would require accomplishing the actions
specified in EASA AD 2023-0191 described previously, except for any
differences identified as exceptions in the regulatory text of this
proposed AD.
EASA AD 2023-0191 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 proposed AD would not
specifically require those actions as those actions are already
required by FAA regulations. FAA regulations require that 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 proposed AD to operate the airplane according to the revised AFM
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 2023-0191 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2023-0191 in its entirety through that incorporation, except
for any differences identified as exceptions in the
[[Page 44570]]
regulatory text of this proposed AD. Using common terms that are the
same as the heading of a particular section in EASA AD 2023-0191 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 2023-0191. Service information required by EASA AD 2023-0191
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
----------------------------------------------------------------------------------------------------------------
Cost on U.S.
Action Labor cost Parts cost Cost per product operators
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
The FAA has received no definitive data on which to base the cost
estimates for the on-condition actions 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.
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 July 5, 2024.
(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 additional wiring modifications and an 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, European Union Aviation Safety Agency (EASA) AD
2023-0191, dated November 2, 2023 (EASA AD 2023-0191).
(h) Exceptions to EASA AD 2023-0191
(1) Where EASA AD 2023-0191 refers to October 27, 2020 (the
effective date of EASA AD 2020-0221), this AD requires using
December 3, 2020 (the effective date of AD 2020-23-13, Amendment 39-
21330 (85 FR 73407, November 18, 2020)).
(2) Where EASA AD 2023-0191 refers to February 2, 2021 (the
effective date of EASA AD 2021-0024), this AD requires using October
5, 2021 (the effective date of AD 2021-17-02).
(3) Where paragraph (2) of EASA AD 2023-0191 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 (8) of EASA AD 2023-0191 specifies
``accomplish the additional work as identified in'' replace that
text with ``accomplish the additional work as identified in section
`1--ADDITIONAL WORK.' ''
(5) Where paragraphs (4) and (5) of EASA AD 2023-0191 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
[[Page 44571]]
by existing FAA operating regulations (see 14 CFR 91.9, 91.505, and
121.137).
(6) Where EASA AD 2023-0191 refers to its effective date, this
AD requires using the effective date of this AD.
(7) Where EASA AD 2023-0191 refers to July 19, 2023 (the
effective date of EASA AD 2023-0134), this AD requires using the
effective date of this AD.
(8) This AD does not adopt the ``Remarks'' section of EASA AD
2023-0191.
(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#b98094f8efea94f8f0eb948e8a8994f8f4f6faf9dfd8d897ded6cf"><span class="__cf_email__" data-cfemail="7f46523e292c523e362d52484c4f523e32303c3f191e1e51181009">[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 Design Organization Approval (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#33405b525b41525e1d57525d56405b5e525d575a735552521d545c45"><span class="__cf_email__" data-cfemail="cab9a2aba2b8aba7e4aeaba4afb9a2a7aba4aea38aacababe4ada5bc">[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.
(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 2023-0191,
dated November 2, 2023.
(ii) [Reserved]
(3) For EASA material, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
<a href="/cdn-cgi/l/email-protection#7534310635101406145b1000071a05145b1000"><span class="__cf_email__" data-cfemail="5e1f1a2d1e3b3f2d3f703b2b2c312e3f703b2b">[email protected]</span></a>; website easa.europa.eu. You may find this EASA
AD on the EASA website at 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 at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#b5d3c79bdcdbc6c5d0d6c1dcdadbf5dbd4c7d49bd2dac3"><span class="__cf_email__" data-cfemail="cea8bce0a7a0bdbeabadbaa7a1a08ea0afbcafe0a9a1b8">[email protected]</span></a>.
Issued on May 15, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-11002 Filed 5-20-24; 8:45 am]
BILLING CODE 4910-13-P
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