[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Proposed Rules]
[Pages 78974-78977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26870]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1112; Project Identifier MCAI-2020-01127-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 all ATR--GIE Avions de Transport R[eacute]gional Model ATR42 
airplanes; and Model ATR72 airplanes. This proposed AD was prompted by 
in-service data which revealed that the minimum operating airspeeds in 
severe icing conditions, computed to provide adequate stall margins, do 
not provide sufficient margins to stall speeds at high bank angle while 
exiting severe icing conditions. This proposed AD would require 
revising the existing aircraft flight manual (AFM) and applicable 
corresponding operational procedures to provide emergency procedures 
and limitations for operating in severe icing conditions, as specified 
in a European Union Aviation Safety Agency (EASA) AD, which is proposed 
for incorporation 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 January 22, 
2021.

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.

[[Page 78975]]

     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 incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +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-2020-1112.

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-
1112; 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; telephone and fax 206-231-
3220; email [email protected].

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 the ADDRESSES section. Include ``Docket No. FAA-2020-1112; 
Project Identifier MCAI-2020-01127-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 the 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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, Aerospace Engineer, Large Aircraft Section, 
International Validation Branch, FAA, 2200 South 216th St., Des Moines, 
WA 98198; telephone and fax 206-231-3220; email 
[email protected]. 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 2020-0177, dated August 11, 2020 
(EASA AD 2020-0177) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all ATR--GIE Avions de Transport R[eacute]gional Model ATR42-200, -
300, -320, -400, and -500 airplanes; and Model ATR72 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 in-service data which revealed 
that the minimum operating airspeeds in severe icing conditions, 
computed to provide adequate stall margins, do not provide sufficient 
margins to stall speeds at high bank angle while exiting severe icing 
conditions. The FAA is proposing this AD to address airplane stalling 
due to inadvertent exposure to severe icing conditions, which could 
result in loss of control of the airplane. See the MCAI for additional 
background information.

Other Related Rulemaking

    The FAA issued AD 96-09-28, Amendment 39-9604 (61 FR 20646, May 7, 
1996) (AD 96-09-28), for all ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42 and ATR72 series airplanes. AD 96-09-28, 
among other things, prohibits operation of the airplane in certain 
icing conditions unless modifications are accomplished or alternative 
procedures and training are adopted and requires restrictions on the 
use of autopilot in certain conditions. The FAA issued AD 96-09-28 to 
address the potential hazards associated with operating the airplane in 
severe icing conditions.
    The FAA issued AD 99-09-19, Amendment 39-11152 (64 FR 23766, May 4, 
1999) (AD 99-09-19), for all Model ATR42 and ATR72 series airplanes. AD 
99-09-19 requires revising the AFM to provide the flightcrew with 
modified procedures and limitations for operating in severe icing 
conditions. The FAA issued AD 99-09-19 to prevent the airplane from 
stalling due to prolonged exposure to severe icing conditions, which 
could result in reduced performance and controllability of the 
airplane.
    This proposed AD would provide terminating action for paragraphs 
(a)(1) and (2) of AD 96-09-28 and all requirements of AD 99-09-19.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0177 describes procedures for revising the AFM to 
provide emergency procedures and limitations for operating in severe 
icing conditions.
    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 the FAA's bilateral agreement with the State of Design Authority, 
the FAA has been notified of the unsafe condition

[[Page 78976]]

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 2020-0177 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 2020-0177 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2020-0177 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 2020-0177 that is required for compliance with EASA AD 2020-
0177 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2020-1112 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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1 work-hour x $85 per hour = $85.............................              $0              $85           $5,015
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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-
1112; Project Identifier MCAI-2020-01127-T.

(a) Comments Due Date

    The FAA must receive comments by January 22, 2021.

(b) Affected ADs

    (1) This AD affects AD 96-09-28, Amendment 39-9604 (61 FR 20646, 
May 7, 1996) (AD 96-09-28).
    (2) This AD affects AD 99-09-19, Amendment 39-11152 (64 FR 
23766, May 4, 1999) (AD 99-09-19).

(c) Applicability

    This AD applies to all ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, -320, and -500 airplanes; and 
Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain 
Protection.

(e) Reason

    This AD was prompted by in-service data which revealed that the 
minimum operating airspeeds in severe icing conditions, computed to 
provide adequate stall margins, do not provide sufficient margins to 
stall speeds at high bank angle while exiting severe icing 
conditions. The FAA is issuing this AD to address airplane stalling 
due to inadvertent exposure to severe icing conditions, which could 
result in loss of control of the airplane.

(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

[[Page 78977]]

Safety Agency (EASA) AD 2020-0177, dated August 11, 2020 (EASA AD 
2020-0177).

(h) Exceptions to EASA AD 2020-0177

    (1) Where EASA AD 2020-0177 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0177 does not apply 
to this AD.
    (3) Paragraph (1) of EASA AD 2020-0177 specifies amending ``the 
AFM [aircraft flight manual] with the data as specified in Table 
1,'' but this AD requires amending ``the existing AFM and applicable 
corresponding operational procedures to incorporate the limitations 
and procedures specified in Table 1 of EASA AD 2020-0177.''
    (4) The provisions specified in paragraphs (3) and (4) of EASA 
AD 2020-0177 do not apply to this AD.

(i) Terminating Action for ADs 96-09-28 and 99-09-19

    (1) Accomplishing the actions required by this AD terminates the 
requirements of paragraphs (a)(1) and (2) of AD 96-09-28 for that 
airplane.
    (2) Accomplishing the actions required by this AD terminates all 
requirements of AD 99-09-19 for that airplane.

(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 responsible Flight 
Standards 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 
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, 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.

(k) Related Information

    (1) For information about EASA AD 2020-0177, contact the EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +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-
2020-1112.
    (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; telephone and fax 206-231-3220; email 
[email protected].

    Issued on December 2, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-26870 Filed 12-7-20; 8:45 am]
BILLING CODE 4910-13-P