[Federal Register Volume 85, Number 243 (Thursday, December 17, 2020)]
[Rules and Regulations]
[Pages 81795-81798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27910]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1133; Project Identifier MCAI-2020-01515-T; 
Amendment 39-21372; AD 2020-26-17]
RIN 2120-AA64


Airworthiness Directives; ATR--GIE Avions de Transport 
R[eacute]gional Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500 and ATR72 
airplanes. This AD was prompted by a report of damage found on a wire 
bundle connecting an angle-of-attack (AOA) probe and a multi-function 
computer (MFC), which can inhibit activation of the stick pusher 
without any indication to the flight crew by the stall warning system. 
This AD requires a repetitive operational test for discrepancies of the 
stall warning system and stick pusher in the flight configuration, an 
inspection for discrepancies in the wiring bundles between AOA probes 
and MFCs, and corrective action if necessary, 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 becomes effective January 4, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of January 4, 
2021.
    The FAA must receive comments on this AD by February 1, 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.
     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-2020-1133.

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-
1133; 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 AD, 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:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0249, dated November 11, 2020 
(EASA AD 2020-0249) (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 ATR42-400 and 
-500 airplanes; and 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 AD was prompted by a report of damage found on a wire bundle 
connecting an AOA probe and a MFC, which can inhibit activation of the 
stick pusher without any indication to the

[[Page 81796]]

flight crew by the stall warning system. The FAA is issuing this AD to 
address latent failure of the stick pusher, which could result in loss 
of control of the airplane. See the MCAI for additional background 
information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0249 describes procedures for a repetitive operational 
test for discrepancies (including missing or incorrect annunciators, 
messages, indicators, warnings, or sounds) of the stall warning system 
and stick pusher in the flight configuration, an inspection for 
discrepancies (including damage to electrical routing and conduits, 
foreign object debris, electrical routing and conduits not properly 
attached) in the wiring bundles between AOA probes and MFCs, corrective 
action, and an inspection report. 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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA evaluated 
all pertinent information and determined the unsafe condition exists 
and is likely to exist or develop on other products of the same type 
design.

Requirements of This AD

    This AD requires accomplishing the actions specified in the MCAI 
described previously, as incorporated by reference, except for any 
differences identified as exceptions in the regulatory text of this AD 
and except as discussed under ``Differences Between this AD and the 
MCAI.''

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 2020-0249 
is incorporated by reference in this final rule. This AD, therefore, 
requires compliance with EASA AD 2020-0249 in its entirety, through 
that incorporation, except for any differences identified as exceptions 
in the regulatory text of this 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 2020-0249 that is 
required for compliance with EASA AD 2020-0249 is available on the 
internet at https://www.regulations.gov by searching for and locating 
Docket No. FAA-2020-1133.

Differences Between This AD and the MCAI

    The MCAI specifies a compliance for the inspection of the affected 
wiring within 750 FH (flight hours) or 5 months, whichever occurs 
first. For this AD, the compliance time for the inspection is within 
750 FH or 4 months, whichever occurs first after the effective date of 
this AD. In developing an appropriate compliance time the FAA 
considered the State of Design authority's recommendation and the 
degree of urgency associated with the subject unsafe condition.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies waiving notice and comment prior to adoption of this rule 
because of the failure of the stick pusher without any indication to 
the flight crew by the stall warning system. The latent failure of the 
stick pusher could result in loss of control of the airplane. In 
addition, the compliance time for the required action is shorter than 
the time necessary for the public to comment and for publication of the 
final rule. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are impracticable. In addition, 
for the reasons stated above, the FAA finds that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2020-1133; Project 
Identifier MCAI-2020-01515-T'' at the beginning of your comments. The 
most helpful comments reference a specific portion of the final rule, 
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 final rule 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 final rule.

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 AD 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 AD, 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 AD. 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.

Regulatory Flexibility Act (RFA)

    The requirements of the RFA do not apply when an agency finds good 
cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and 
comment. Because the FAA has determined that it has good cause to adopt 
this rule without notice and comment, RFA analysis is not required.

[[Page 81797]]

Costs of Compliance

    The FAA estimates that this AD affects 28 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
             Labor cost                    Parts cost          Cost per product        Cost on U.S. operators
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Up to 10 work-hours x $85 per hour   None.................  Up to $850...........  Up to $23,800.
 = Up to $850.
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* Table does not include estimated costs for reporting.

    The FAA estimates that it takes about 1 work-hour per product to 
comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the wiring inspection results on U.S. operators to be 
$2,380, or $85 per product.
    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not 
required to respond to, nor shall a person be subject to penalty for 
failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act unless that collection of 
information displays a current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

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 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, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of 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 adding the following new airworthiness 
directive:

2020-26-17 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-21372; Docket No. FAA-2020-1133; Project Identifier MCAI-2020-
01515-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective January 4, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all ATR-GIE Avions de Transport 
R[eacute]gional airplanes identified in paragraphs (c)(1) and (2) of 
this AD, certificated in any category.
    (1) Model ATR42-500 airplanes.
    (2) Model ATR72-101, -102, -201, -202, -211, -212, and -212A 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 31, Instruments.

(e) Reason

    This AD was prompted by a report of damage found on a wire 
bundle connecting an angle-of-attack probe and a multi-function 
computer, which can inhibit activation of the stick pusher without 
any indication to the flight crew by the stall warning system. The 
FAA is issuing this AD to address latent failure of the stick 
pusher, 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 Safety Agency (EASA) AD 
2020-0249, dated November 11, 2020 (EASA AD 2020-0249).

(h) Exceptions to EASA AD 2020-0249

    (1) Where EASA AD 2020-0249 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0249 does not apply 
to this AD.
    (3) Where paragraph (2) of EASA AD 2020-0249 specifies a 
compliance time for the inspection of ``within 750 FH [flight hours] 
or 5 months, whichever occurs first'' for this AD, the compliance 
time is ``within 750 FH or 4 months, whichever occurs first.''
    (4) Paragraph (4) of EASA AD 2020-0249 specifies to report 
inspection results to ATR-GIE Avions de Transport R[eacute]gional 
within a certain compliance time. For this AD, report inspection 
results at the applicable time

[[Page 81798]]

specified in paragraph (h)(4)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.
    (5) Where paragraph (3) of EASA AD 2020-0249 refers to 
discrepancies, for this AD, for the operational tests specified in 
paragraph (1) of EASA AD 2020-0249, discrepancies include missing or 
incorrect annunciators, messages, indicators, warnings, or sounds; 
and for the inspection specified in paragraph (2) of EASA AD 2020-
0249, discrepancies include damage to electrical routing and 
conduits, foreign object debris, electrical routing and conduits not 
properly attached.
    (6) Where paragraph (3) of EASA AD 2020-0249 specifies 
corrective actions if any discrepancies are detected ``during the 
first operational test as required by paragraph (1) of this [EASA] 
AD, or during the inspection as required by paragraph (2) of this 
[EASA] AD'' for this AD, the corrective actions must be done if any 
discrepancies are detected during any operational test required by 
paragraph (1) of EASA AD 2020-0249, or during the inspection 
required by paragraph (2) of EASA AD 2020-0249.

(i) 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 (j) 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.
    (3) Paperwork Reduction Act Burden Statement: A federal agency 
may not conduct or sponsor, and a person is not required to respond 
to, nor shall a person be subject to a penalty for failure to comply 
with a collection of information subject to the requirements of the 
Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. The OMB Control Number 
for this information collection is 2120-0056. Public reporting for 
this collection of information is estimated to be approximately 1 
hour per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
All responses to this collection of information are mandatory as 
required by this AD. Send comments regarding this burden estimate or 
any other aspect of this collection of information, including 
suggestions for reducing this burden to Information Collection 
Clearance Officer, Federal Aviation Administration, 10101 Hillwood 
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    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].

(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 2020-0249, 
dated November 11, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0249, 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.
    (4) 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-2020-1133.
    (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 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 11, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-27910 Filed 12-15-20; 2:00 pm]
BILLING CODE 4910-13-P