Rule2024-28788
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
December 9, 2024
Effective
January 13, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA is superseding Airworthiness Directive (AD) 2023-03- 09, which applied to certain ATR-GIE Avions de Transport R[eacute]gional Model ATR72-101, -102, -201, -202, -211, -212, and - 212A airplanes. AD 2023-03-09 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted a determination that new or more restrictive airworthiness limitations are necessary. This AD continues to require the actions in AD 2023-03- 09 and requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 236 (Monday, December 9, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 236 (Monday, December 9, 2024)]
[Rules and Regulations]
[Pages 97502-97505]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28788]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2024-2128; Project Identifier MCAI-2024-00136-T;
Amendment 39-22896; AD 2024-24-06]
RIN 2120-AA64
Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2023-03-
09, which applied to certain ATR-GIE Avions de Transport
R[eacute]gional Model ATR72-101, -102, -201, -202, -211, -212, and -
212A airplanes. AD 2023-03-09 required revising the existing
maintenance or inspection program, as applicable, to incorporate new or
more restrictive airworthiness limitations. This AD was prompted a
determination that new or more restrictive airworthiness limitations
are necessary. This AD continues to require the actions in AD 2023-03-
09 and requires revising the existing maintenance or inspection
program, as applicable, to incorporate new or more restrictive
airworthiness limitations, as specified in a European Union Aviation
Safety Agency (EASA) AD, which is incorporated by reference. The FAA is
issuing this AD to address the unsafe condition on these products.
DATES: This AD is effective January 13, 2025.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of January 13,
2025.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of April
3, 2023 (88 FR 12139, February 27, 2023).
ADDRESSES:
AD Docket: You may examine the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2128; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
[[Page 97503]]
Material Incorporated by Reference:
<bullet> For EASA material identified in this AD, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email <a href="/cdn-cgi/l/email-protection#acede8dfecc9cddfcd82c9d9dec3dccd82c9d9"><span class="__cf_email__" data-cfemail="3071744370555143511e5545425f40511e5545">[email protected]</span></a>; website easa.europa.eu. You may find
this material on the EASA website at ad.easa.europa.eu.
<bullet> You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call 206-231-3195. It is also available at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2128.
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#8bf8e3eae3f9eae6a5efeae5eef8e3e6eae5efe2cbedeaeaa5ece4fd"><span class="__cf_email__" data-cfemail="d4a7bcb5bca6b5b9fab0b5bab1a7bcb9b5bab0bd94b2b5b5fab3bba2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2023-03-09, Amendment 39-22334 (88 FR
12139, February 27, 2023) (AD 2023-03-09). AD 2023-03-09 applied to
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR72-101, -
102, -201, -202, -211, -212, and -212A airplanes. AD 2023-03-09
required revising the existing maintenance or inspection program, as
applicable, to incorporate new or more restrictive airworthiness
limitations. The FAA issued AD 2023-03-09 to address fatigue cracking
and damage in principal structural elements, which could result in
reduced structural integrity of the airplane.
The NPRM published in the Federal Register on August 20, 2024 (89
FR 67329). The NPRM was prompted by AD 2024-0053, dated February 23,
2024, issued by EASA, which is the Technical Agent for the Member
States of the European Union (EASA AD 2024-0053) (also referred to as
the MCAI). The MCAI states that new or more restrictive airworthiness
limitations have been developed.
In the NPRM, the FAA proposed to continue to require the actions in
AD 2023-03-09 and to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations, as specified in EASA AD 2024-
0053. The FAA is issuing this AD to address fatigue cracking and damage
in principal structural elements, which could result in reduced
structural integrity of the airplane.
You may examine the MCAI in the AD docket at <a href="http://regulations.gov">regulations.gov</a> under
Docket No. FAA-2024-2128.
Discussion of Final Airworthiness Directive
Comments
The FAA received a comment from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
Conclusion
This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comment received, and determined that air safety requires adopting this
AD as proposed. Accordingly, the FAA is issuing this AD to address the
unsafe condition on this product. Except for minor editorial changes,
this AD is adopted as proposed in the NPRM. None of the changes will
increase the economic burden on any operator.
Material Incorporated by Reference Under 1 CFR Part 51
EASA AD 2024-0053, dated February 23, 2024, specifies new or more
restrictive airworthiness limitations for airplane structures and safe
life limits. EASA AD 2024-0053 states that the new limitations include
repetitive operational tests as required by EASA AD 2020-0249R1, dated
November 30, 2021 (EASA AD 2020-0249R1).
This AD also requires EASA AD 2022-0201, dated September 26, 2022,
which the Director of the Federal Register approved for incorporation
by reference as of April 3, 2023 (88 FR 12139, February 27, 2023).
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.
Related AD
EASA AD 2020-0249, dated November 11, 2020, corresponds to FAA AD
2020-26-17, Amendment 39-21372 (85 FR 81795, December 17, 2020) (AD
2020-26-17), which applies to Model ATR42 and ATR72 airplanes.
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (j) of this AD terminates the
requirements of AD 2020-26-17 for Model ATR72 airplanes.
Costs of Compliance
The FAA estimates that this AD affects 41 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:
The FAA has determined that revising the existing maintenance or
inspection program takes an average of 90 work-hours per operator,
although the agency recognizes that this number may vary from operator
to operator. Since operators incorporate maintenance or inspection
program changes for their affected fleet(s), the FAA has determined
that a per-operator estimate is more accurate than a per-airplane
estimate.
The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.
Regulatory Findings
This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a ``significant regulatory action'' under Executive
Order 12866,
(2) Will not affect intrastate aviation in Alaska, and
(3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
[[Page 97504]]
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by:
0
a. Removing Airworthiness Directive (AD) 2023-03-09, Amendment 39-22334
(88 FR 12139, February 27, 2023); and
0
b. Adding the following new AD:
2024-24-06 ATR-GIE Avions de Transport R[eacute]gional: Amendment
39-22896; Docket No. FAA-2024-2128; Project Identifier MCAI-2024-
00136-T.
(a) Effective Date
This airworthiness directive (AD) is effective January 13, 2025.
(b) Affected ADs
(1) This AD replaces AD 2023-03-09, Amendment 39-22334 (88 FR
12139, February 27, 2023) (AD 2023-03-09).
(2) This AD affects AD 2020-26-17, Amendment 39-21372 (85 FR
81795, December 17, 2020) (AD 2020-26-17).
(c) Applicability
This AD applies to ATR-GIE Avions de Transport R[eacute]gional
Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes,
certificated in any category, with an original airworthiness
certificate or original export certificate of airworthiness issued
on or before October 16, 2023.
(d) Subject
Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.
(e) Unsafe Condition
This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address fatigue cracking and damage in principal
structural elements. 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) Retained Revision of the Existing Maintenance or Inspection
Program, With No Changes
This paragraph restates the requirements of paragraph (j) of AD
2023-03-09, with no changes. For airplanes with an original
airworthiness certificate or original export certificate of
airworthiness issued on or before September 21, 2022: Comply with
all required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0201, dated September 26, 2022 (EASA AD 2022-0201).
Accomplishing the revision of the existing maintenance or inspection
program required by paragraph (j) of this AD terminates the
requirements of this paragraph.
(h) Retained Exceptions to EASA AD 2022-0201, With No Changes
This paragraph restates the exceptions specified in paragraph
(k) of AD 2023-03-09, with no changes.
(1) Where EASA AD 2022-0201 refers to its effective date, this
AD requires using April 3, 2023 (the effective date of AD 2023-03-
09).
(2) The requirements specified in paragraphs (1) and (2) of EASA
AD 2022-0201 do not apply to this AD.
(3) Paragraph (3) of EASA AD 2022-0201 specifies revising ``the
approved AMP'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after April 3, 2023 (the effective
date of AD 2023-03-09).
(4) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2022-0201 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2022-0201, or within 90
days after April 3, 2023 (the effective date of AD 2023-03-09),
whichever occurs later.
(5) The provisions specified in paragraphs (4) and (5) of EASA
AD 2022-0201 do not apply to this AD.
(6) The ``Remarks'' section of EASA AD 2022-0201 does not apply
to this AD.
(i) Retained Provisions for Alternative Actions, With a New Exception
This paragraph restates the requirements of paragraph (l) of AD
2023-03-09, with a new exception. Except as required by paragraph
(j) of this AD, after the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections) and intervals are allowed
unless they are approved as specified in the provisions of the
``Ref. Publications'' section of EASA AD 2022-0201.
(j) New Revision of the Existing Maintenance or Inspection Program
Except as specified in paragraph (k) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2024-0053, dated February 23, 2024 (EASA AD
2024-0053). Accomplishing the revision of the existing maintenance
or inspection program required by this paragraph terminates the
requirements of paragraph (g) of this AD.
(k) Exceptions to EASA AD 2024-0053
(1) This AD does not adopt the requirements specified in
paragraphs (1) and (2) of EASA AD 2024-0053.
(2) Paragraph (3) of EASA AD 2024-0053 specifies revising ``the
approved AMP,'' within 12 months after its effective date, but this
AD requires revising the existing maintenance or inspection program,
as applicable, within 90 days after the effective date of this AD.
(3) The initial compliance time for doing the tasks specified in
paragraph (3) of EASA AD 2024-0053 is at the applicable
``limitations'' and ``associated thresholds'' as incorporated by the
requirements of paragraph (3) of EASA AD 2024-0053, or within 90
days after the effective date of this AD, whichever occurs later.
(4) The provisions specified in paragraphs (4) and (5) of EASA
AD 2024-0053 do not apply to this AD.
(5) This AD does not adopt the ``Remarks'' section of EASA AD
2024-0053.
(l) New Provisions for Alternative Actions and Intervals
After the existing maintenance or inspection program has been
revised as required by paragraph (j) of this AD, no alternative
actions (e.g., inspections)and intervals are allowed unless they are
approved as specified in the provisions of the ``Ref. Publications''
section of EASA AD 2024-0053.
(m) Terminating Action for AD 2020-26-17
Accomplishing the revision of the existing maintenance or
inspection program required by paragraph (j) of this AD terminates
the requirements of AD 2020-26-17, for Model ATR72 airplanes only.
(n) 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 (o) of this AD. Information may be emailed to:
<a href="/cdn-cgi/l/email-protection#d1909c9e9291b7b0b0ffb6bea7"><span class="__cf_email__" data-cfemail="76373b39353610171758111900">[email protected]</span></a>.
(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.
(o) 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#b9cad1d8d1cbd8d497ddd8d7dccad1d4d8d7ddd0f9dfd8d897ded6cf"><span class="__cf_email__" data-cfemail="fc8f949d948e9d91d2989d92998f94919d929895bc9a9d9dd29b938a">[email protected]</span></a>.
[[Page 97505]]
(p) Material Incorporated by Reference
(1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the material listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this material as applicable to do the actions
required by this AD, unless this AD specifies otherwise.
(3) The following material was approved for IBR on January 13,
2025.
(i) European Union Aviation Safety Agency (EASA) AD 2024-0053,
dated February 23, 2024.
(ii) [Reserved]
(4) The following material was approved for IBR on April 3, 2023
(88 FR 12139, February 27, 2023).
(i) EASA AD 2022-0201, dated September 26, 2022.
(ii) [Reserved]
(5) For EASA AD 2022-0201 and EASA AD 2024-0053, contact EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email <a href="/cdn-cgi/l/email-protection#d49590a794b1b5a7b5fab1a1a6bba4b5fab1a1"><span class="__cf_email__" data-cfemail="5c1d182f1c393d2f3d7239292e332c3d723929">[email protected]</span></a>; website easa.europa.eu. You may
find these EASA ADs on the EASA website at ad.easa.europa.eu.
(6) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call 206-231-3195.
(7) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit <a href="/cdn-cgi/l/email-protection#132f72337b6176752e" http: www.archives.gov federal-register cfr ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="7b121909561714181a0f1214150814091e161a12171d09551215080b1e180f1214153b151a091a551c140d">[email protected]</span></a>"><a href="http://www.archives.gov/federal-register/cfr/ibr-locationsoremailfr.inspection@nara.gov">www.archives.gov/federal-register/cfr/<span class="__cf_email__" data-cfemail="325b50401f5e5d5153465b5d5c415d40575f535b5e54401c5b5c41425751465b5d5c725c5340531c555d44">[email protected]</span></a></a>.
Issued on November 21, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2024-28788 Filed 12-6-24; 8:45 am]
BILLING CODE 4910-13-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 9, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.