[Federal Register Volume 85, Number 175 (Wednesday, September 9, 2020)]
[Proposed Rules]
[Pages 55619-55622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19580]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0790; Product Identifier 2020-NM-077-AD]
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-
300, -320, and -500 airplanes; and all Model ATR72-101, -102, -201, -
202, -211, -212, and -212A airplanes. This proposed AD was prompted by 
reports of defective seat tracks. This proposed AD would require a 
detailed visual inspection of each affected part for deficiencies 
(sealant blockage and out of tolerance ligaments), and depending on 
findings, accomplishment of applicable corrective actions, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which will be 
incorporated by reference. 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 October 26, 
2020.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
AD, contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
phone: +49 221 8999 000; email: [email protected]; internet: 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. You may view this IBR 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 in 
the AD docket on the internet at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2020-0790.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0790; 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, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3220; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting 
written comments, data, or views about this proposal. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. To 
ensure the docket does not contain duplicate comments, commenters 
should submit only one copy of the comments. Send your comments to an 
address listed under the ADDRESSES section. Include ``Docket No. FAA-
2020-0790; Product Identifier 2020-NM-077-AD'' at the beginning of your 
comments. The FAA will consider all comments received by the closing 
date and may amend this NPRM based on 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 the FAA receives, without change, 
to https://www.regulations.gov, including any personal information you 
provide. The FAA will also post a report summarizing each substantive 
verbal contact the FAA receives 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

[[Page 55620]]

placed in the public docket of this NPRM. Submissions containing CBI 
should be sent to the person identified in the FOR FURTHER INFORMATION 
CONTACT section. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0097R1, dated May 28, 2020 
(``EASA AD 2020-0097R1'') (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for certain ATR--GIE Avions de Transport R[eacute]gional 
Model ATR42-300, -320, -400, and -500 airplanes; and all Model ATR72-
101, -102, -201, -202, -211, -212, and -212A airplanes. Model ATR42-400 
airplanes are not certificated by the FAA and are not included on the 
U.S. type certificate data sheet; this AD therefore does not include 
those airplanes in the applicability.
    This proposed AD was prompted by reports of defective seat tracks, 
either on the ATR final assembly line or during maintenance activities 
on ATR airplanes. Investigation results identified a potential 
structural deficiency of the affected seat tracks under an emergency 
landing condition. The FAA is proposing this AD to address a structural 
failure of the seat track attachment during an emergency landing, 
possibly resulting in injury to occupants, and affecting emergency 
evacuation. See the MCAI for additional background information.

Related Material Under 1 CFR Part 51

    EASA AD 2020-0097R1, dated May 28, 2020, describes procedures for a 
detailed visual inspection of each affected seat track for deficiencies 
(sealant blockage and out of tolerance ligaments), and corrective 
actions if necessary. Corrective actions include replacement of seat 
track sections, and replacement of the entire seat track.
    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 and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, the FAA 
has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is proposing this AD because the FAA 
evaluated all the relevant information and determined the unsafe 
condition described previously is likely to exist or develop in other 
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2020-0097R1 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance with requirements for corresponding FAA ADs. The FAA has 
since coordinated with other manufacturers and civil aviation 
authorities (CAAs) to use this process. As a result, EASA AD 2020-
0097R1 will be incorporated by reference in the FAA final rule. This 
proposed AD would, therefore, require compliance with EASA AD 2020-
0097R1 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 the EASA AD 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 the EASA AD. Service 
information specified in EASA AD 2020-0097R1 that is required for 
compliance with EASA AD 2020-0097R1 will be available on the internet 
at https://www.regulations.gov by searching for and locating Docket No. 
FAA-2020-0790 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 59 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 per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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Up to 28 work[dash]hours x $85 per hour = $2,380.............              $0           $2,380         $140,420
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    The FAA estimates the following costs to do any necessary on-
condition replacements that would be required based on the results of 
any required actions. The FAA has no way of determining the number of 
aircraft that might need these on-condition replacements:

                 Estimated Costs of On-Condition Actions
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                                                             Cost per
              Labor cost                   Parts cost        product
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172 work-hours x $85 per hour =                      *          $14,620
 $14,620..............................
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*The FAA has received no definitive data that would enable us to provide
  parts cost estimates for the on-condition replacements specified in
  this proposed AD.


[[Page 55621]]

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) 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.

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 adding the following new airworthiness 
directive (AD):

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2020-
0790; Product Identifier 2020-NM-077-AD.

(a) Comments Due Date

    The FAA must receive comments by October 26, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the ATR--GIE Avions de Transport 
R[eacute]gional airplanes identified in paragraphs (c)(1) and (2), 
certificated in any category.
    (1) Model ATR42-300, -320, and -500 airplanes, all manufacturer 
serial numbers, except manufacturer serial numbers 001 through 362 
inclusive.
    (2) ATR72-101, -102, -201, -202, -211, -212, and -212A 
airplanes, all manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Reason

    This AD was prompted by reports of defective seat tracks. The 
FAA is issuing this AD to address a structural failure of the seat 
track attachment during an emergency landing, possibly resulting in 
injury to occupants, and affecting emergency evacuation.

(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 
2020-0097R1, dated May 28, 2020 (``EASA AD 2020-0097R1'').

(h) Exceptions to EASA AD 2020-0097R1

    (1) Where EASA AD 2020-0097R1 refers to May 18, 2020 (the 
effective date of its original issue), this AD requires using the 
effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0097R1 does not 
apply to this AD.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2020-
0097R1 specifies to submit certain information to the manufacturer, 
this AD does not include that requirement.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 local Flight 
Standards District Office, as appropriate. If sending information 
directly to the Large Aircraft Section, International Validation 
Branch, send it to the attention of the person identified in 
paragraph (k)(2) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify 
your appropriate principal inspector, or lacking a principal 
inspector, the manager of the local flight standards district 
office/certificate holding district 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, Large Aircraft 
Section, 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) Required for Compliance (RC): For any service information 
referenced in EASA AD 2020-0097R1 that contains RC procedures and 
tests: Except as required by paragraph (j)(2) of this AD, RC 
procedures and tests must be done to comply with this AD; any 
procedures or tests that are not identified as RC are recommended. 
Those procedures and tests that are not identified as RC may be 
deviated from using accepted methods in accordance with the 
operator's maintenance or inspection program without obtaining 
approval of an AMOC, provided the procedures and tests identified as 
RC can be done and the airplane can be put back in an airworthy 
condition. Any substitutions or changes to procedures or tests 
identified as RC require approval of an AMOC.

(k) Related Information

    (1) For information about EASA AD 2020-0097R1, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 
000; email: [email protected]; internet: www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. 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. This material may be 
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0790.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des 
Moines, WA 98198; phone and fax: 206-231-3220; email: 
[email protected].


[[Page 55622]]


    Issued on August 31, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2020-19580 Filed 9-8-20; 8:45 am]
BILLING CODE 4910-13-P