[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Proposed Rules]
[Pages 11169-11173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03590]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0973; Project Identifier MCAI-2020-01113-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); reopening 
of comment period.

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SUMMARY: The FAA is revising an earlier proposal to supersede 
Airworthiness Directives (AD) 2000-23-04 R1 and AD 2018-20-14, which 
apply to certain ATR-GIE Avions de Transport R[eacute]gional Model 
ATR42-500 airplanes. This action revises the notice of proposed 
rulemaking (NPRM) by including new or more restrictive airworthiness 
limitations. The FAA is proposing this AD to address the unsafe 
condition on these products. Since this action would

[[Page 11170]]

impose an additional burden over those in the NPRM, the FAA is 
reopening the comment period to allow the public the chance to comment 
on these changes.

DATES: The comment period for the NPRM published in the Federal 
Register on October 29, 2020 (85 FR 68503), is reopened.
    The FAA must receive comments on this proposed AD by April 12, 
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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, 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 European Union Aviation Safety Agency (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. For 
ATR-GIE service information identified in this proposed rule, contact 
ATR-GIE Avions de Transport R[eacute]gional, 1 All[eacute]e Pierre 
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; 
fax +33 (0) 5 62 21 67 18; email aircraft.com">continued.airworthiness@atr-aircraft.com; http://www.atr-aircraft.com. 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-
0973.

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-
0973; 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 SNPRM, 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 ADDRESSES. Include ``Docket No. FAA-2020-0973; Project Identifier 
MCAI-2020-01113-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 FAA issued AD 2000-23-04 R1, Amendment 39-12174 (66 FR 19381, 
April 16, 2001) (AD 2000-23-04 R1) and AD 2018-20-14, Amendment 39-
19448 (83 FR 52123, October 16, 2018) (AD 2018-20-14). ADs 2000-23-04 
R1 and 2018-20-14 require actions to address an unsafe condition on 
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 
airplanes. ADs 2000-23-04 R1 and 2018-20-14 require revising the 
maintenance or inspection program, as applicable, to incorporate new 
and/or more restrictive maintenance requirements and airworthiness 
limitations.
    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to 
supersede AD 2000-23-04 R1 and AD 2018-20-14 that would apply to 
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 
airplanes. The NPRM published in the Federal Register on October 29, 
2020 (85 FR 68503) (the NPRM). The NPRM was prompted by a determination 
that new or more restrictive airworthiness limitations are necessary, 
as specified in EASA AD 2020-0136, dated June 18, 2020 (EASA AD 2020-
0136).

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, the FAA has determined that new or 
more restrictive airworthiness limitations are necessary.
    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0263, dated December 1, 2020 
(EASA AD 2020-0263) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Model ATR 42-400 and ATR 42-500 airplanes. EASA AD 2020-0263 
supersedes EASA AD 2020-0136. Model ATR 42-400 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. EASA AD 2020-0263 refers to ATR ATR42-
400/-500, Time Limits Document (TL), Revision 14, dated July 7, 2020. 
Airplanes with an original airworthiness certificate or original export 
certificate of

[[Page 11171]]

airworthiness issued after July 7, 2020, must comply with the 
airworthiness limitations specified as part of the approved type design 
and referenced on the type certificate data sheet; this AD, therefore, 
does not include those airplanes in the applicability.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to address reduced structural integrity of the 
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0263 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This proposed AD would also require the following service 
information, which the Director of the Federal Register approved for 
incorporation by reference as of November 20, 2018 (83 FR 52123, 
October 16, 2018).
     ATR ATR42-400/-500, Time Limits Document (TL), Revision 
11, dated May 5, 2015.
     ATR ATR42-400/-500 Time Limits Temporary Revision TR01/17, 
dated May 3, 2017.
    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.

Comments

    The FAA gave the public the opportunity to participate in 
developing this proposed AD. The FAA received no comments on the NPRM 
or on the determination of the cost to the public.

FAA's Determination and Requirements of This SNPRM

    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 
and service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all pertinent information and determined an 
unsafe condition exists and is likely to exist or develop on other 
products of the same type design.
    Certain changes described above expand the scope of the NPRM. As a 
result, the FAA has determined that it is necessary to reopen the 
comment period to provide additional opportunity for the public to 
comment on this SNPRM.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2018-20-14. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations, which are specified in EASA AD 
2020-0263 described previously, as incorporated by reference. Any 
differences with EASA AD 2020-0263 are identified as exceptions in the 
regulatory text of this AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(n)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this proposed AD affects 9 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 
proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2018-20-14 to be $7,650 (90 work-hours x $85 per work-
hour).
    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. In the past, the agency has estimated that this action 
takes 1 work-hour per airplane. 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 proposed 
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

    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:
0
a. Removing Airworthiness Directive (AD) 2000-23-04 R1, Amendment 39-
12174 (66 FR 19381, April 16, 2001); and AD 2018-20-14, Amendment 39-
19448 (83 FR 52123, October 16, 2018); and
0
b. Adding the following new AD:


[[Page 11172]]


ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2020-
0973; Project Identifier MCAI-2020-01113-T.

(a) Comments Due Date

    The FAA must receive comments by April 12, 2021.

(b) Affected Airworthiness Directives (ADs)

    (1) This AD replaces AD 2000-23-04 R1, Amendment 39-12174 (66 FR 
19381, April 16, 2001) (AD 2000-23-04 R1); and AD 2018-20-14, 
Amendment 39-19448 (83 FR 52123, October 16, 2018) (AD 2018-20-14).
    (2) This AD affects AD 2008-04-19 R1, Amendment 39-16069 (74 FR 
56713, November 3, 2009) (AD 2008-04-19 R1); and AD 2015-26-09, 
Amendment 39-18357 (81 FR 1483, January 13, 2016) (AD 2015-26-09).

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR42-500 airplanes, certificated in any category, with an 
original airworthiness certificate or original export certificate of 
airworthiness dated on or before July 7, 2020.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to prevent reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2018-20-14, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness dated on or before May 3, 2017: Within 90 days after 
November 20, 2018 (the effective date of AD 2018-20-14), revise the 
maintenance or inspection program, as applicable, to incorporate the 
information specified in ATR ATR42-400/-500, Time Limits Document 
(TL), Revision 11, dated May 5, 2015; and ATR ATR42-400/-500 Time 
Limits Temporary Revision TR01/17, dated May 3, 2017. The initial 
compliance time for accomplishing the tasks is at the applicable 
times specified in ATR ATR42-400/-500, Time Limits Document (TL), 
Revision 11, dated May 5, 2015; and ATR ATR42-400/-500 Time Limits 
Temporary Revision TR01/17, dated May 3, 2017; or within 90 days 
after the November 20, 2018; whichever occurs later, except for 
those certification maintenance requirement (CMR) tasks identified 
in figure 1 to paragraphs (g) and (h) of this AD.
[GRAPHIC] [TIFF OMITTED] TP24FE21.003

(h) Retained Initial Compliance Times for Certain CMR Tasks, With No 
Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2018-20-14, with no changes. For the CMR tasks listed in figure 1 to 
paragraphs (g) and (h) of this AD, the initial compliance time for 
accomplishing the tasks is at the applicable time specified in ATR 
ATR42-400/-500 Time Limits Temporary Revision TR01/17, dated May 3, 
2017; or within the compliance time specified in figure 1 to 
paragraphs (g) and (h) of this AD; whichever occurs later.

(i) Retained Restrictions on Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With a New 
Exception

    This paragraph restates the requirements of paragraph (i) of AD 
2018-20-14, with a new exception. Except as required by paragraph 
(l) of this AD, after the maintenance or inspection program, as 
applicable, has been revised as required by paragraph (g) of this 
AD, no alternative actions (e.g., inspections), intervals, and/or 
CDCCLs may be used unless the actions, intervals, and/or CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (n)(1) of this AD.

(j) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0263, dated December 1, 2020 (EASA AD 2020-0263). Accomplishing 
the maintenance or inspection program revision required by this 
paragraph terminates the requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2020-0263

    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0263 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0263 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 2020-0263 is at the applicable 
``thresholds'' as incorporated by the requirements of paragraph (3) 
of EASA AD 2020-0263, 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 2020-0263 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0263 does not apply 
to this AD.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the maintenance or inspection program has been revised as 
required by paragraph (j) of this AD, no alternative actions (e.g., 
inspections), intervals, and CDCCLs are allowed unless they are 
approved as specified in the provisions of the ``Ref. Publications'' 
section of EASA AD 2020-0263.

(m) Terminating Action for Other ADs

    Accomplishing the actions required by paragraph (g) or (j) of 
this AD terminates all requirements of the ADs specified in 
paragraphs (m)(1) and (2) of this AD for ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-500 airplanes only.
    (1) AD 2008-04-19 R1.
    (2) AD 2015-26-09.

[[Page 11173]]

(n) 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 (o)(4) of 
this AD. Information may be emailed to: [email protected].
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2018-20-14 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0263 that are 
required by paragraph (j) of this AD.
    (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.

(o) Related Information

    (1) For information about EASA AD 2020-0263, 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.
    (2) For service information identified in this AD, contact ATR-
GIE Avions de Transport R[eacute]gional, 1 All[eacute]e Pierre 
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; 
fax +33 (0) 5 62 21 67 18; email aircraft.com">continued.airworthiness@atr-aircraft.com; http://www.atr-aircraft.com.
    (3) 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-2020-0973.
    (4) 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 February 12, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03590 Filed 2-23-21; 8:45 am]
BILLING CODE 4910-13-P