[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26373-26377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10257]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0365; Project Identifier MCAI-2021-00527-T; 
Amendment 39-21553; AD 2021-10-20]
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 
certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500 
and ATR72-212A airplanes. This AD was prompted by reports of temporary 
loss of all display units and the integrated electronic standby 
instrument (IESI). This AD requires revising the existing aircraft 
flight manual (AFM) and applicable corresponding operational procedures 
to update a systems limitation, limiting dispatch with certain 
equipment inoperative, performing an operational test of a certain 
contactor and an electrical test of a certain battery toggle switch, 
and corrective actions 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 May 14, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 14, 
2021.
    The FAA must receive comments on this AD by June 28, 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-

[[Page 26374]]

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 
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-2021-0365.

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-2021-
0365; 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.

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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA Emergency AD 2021-0120-E, dated May 3, 
2021 (EASA Emergency AD 2021-0120-E) (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 ATR42-500 and ATR72-212A airplanes.
    This AD was prompted by reports of temporary loss of all display 
units and the IESI. The investigation is ongoing and the root cause is 
not yet known, but the initial investigation revealed that the battery 
toggle switch functional item number (FIN) 7PA and the contactor FIN 
1PA were two potential contributors to the reported cases. The FAA is 
issuing this AD to address temporary loss of all display units and the 
IESI, 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 Emergency AD 2021-0120-E describes procedures for revising the 
existing AFM to update a systems limitation for the transformer 
rectifier unit (TRU), limiting dispatch with certain equipment 
inoperative (which can be done by amending the operator's minimum 
equipment list (MEL)), performing an operational test of the contactor 
FIN 1PA for discrepancies (i.e., a lack of power supply to DU 4 or a 
static inverter 1 INV FAULT not being displayed on 29VU), performing an 
electrical test of the battery toggle switch FIN 7PA, and corrective 
actions. Corrective actions include replacement of the contactor FIN 
1PA and restoring wiring. EASA Emergency AD 2021-0120-E also describes 
procedures for reporting test results to ATR-GIE Avions de Transport 
R[eacute]gional.
    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 EASA 
Emergency AD 2021-0120-E described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD.
    EASA Emergency AD 2021-0120-E requires operators to ``inform all 
flight crews'' of revisions to the AFM, and thereafter to ``operate the 
aeroplane accordingly.'' However, this AD would not specifically 
require those actions as those actions are already required by FAA 
regulations. FAA regulations require operators furnish to pilots any 
changes to the AFM (for example, 14 CFR 121.137), and to ensure the 
pilots are familiar with the AFM (for example, 14 CFR 91.505). As with 
any other flightcrew training requirement, training on the updated AFM 
content is tracked by the operators and recorded in each pilot's 
training record, which is available for the FAA to review. FAA 
regulations also require pilots to follow the procedures in the 
existing AFM including all updates. 14 CFR 91.9 requires that any 
person operating a civil aircraft must comply with the operating 
limitations specified in the AFM. Therefore, including a requirement in 
this AD to operate the airplane according to the revised AFM would be 
redundant and unnecessary. Further, compliance with such a requirement 
in an AD would be impracticable to demonstrate or track on an ongoing 
basis; therefore, a requirement to operate the airplane in such a 
manner would be unenforceable.

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 Emergency AD 
2021-0120-E is incorporated by reference in this final rule. This AD, 
therefore, requires compliance with EASA Emergency AD 2021-0120-E 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 
Emergency AD 2021-0120-E that is required for compliance with EASA 
Emergency AD 2021-0120-E is available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0365.

[[Page 26375]]

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 temporary loss of all display units and the IESI 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 
ADDRESSES. Include ``Docket No. FAA-2021-0365; Project Identifier MCAI-
2021-00527-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.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

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.

Costs of Compliance

    The FAA estimates that this AD affects 15 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................              $0             $255           $3,825
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* Table does not include estimated costs for reporting or incorporating operational limitations.

    Operators that have certain equipment affected by this AD are 
required to incorporate certain operational limitations. One way of 
doing so is revising the operator's existing FAA-approved MEL to 
include those operational limitations. If an operator chooses to revise 
their existing FAA-approved MEL, the FAA has determined that this 
revision takes an average of 90 work-hours per operator, although the 
FAA recognizes that this number may vary from operator to operator. 
Since operators incorporate MEL changes for their affected fleet(s), 
the FAA has determined that a per-operator estimate is more accurate 
than a per-airplane estimate. Therefore, the FAA estimates the total 
cost per operator to be $7,650 (90 work-hours x $85 per work-hour).
    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 test results on U.S. operators to be $1,275, or 
$85 per product.
    The FAA estimates the following costs to do any necessary on-
condition actions 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 actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
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2 work-hours x $85 per hour = $170....          $1,700           $1,870
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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

[[Page 26376]]

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:

2021-10-20 ATR--GIE Avions de Transport R[eacute]gional: Amendment 
39-21553; Docket No. FAA-2021-0365; Project Identifier MCAI-2021-
00527-T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 14, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR--GIE Avions de Transport R[eacute]gional 
Model ATR42-500 and ATR72-212A airplanes, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) Emergency AD 2021-0120-E, dated May 3, 2021 (EASA Emergency 
AD 2021-0120-E).

(d) Subject

    Air Transport Association (ATA) of America Code 24, Electrical 
power.

(e) Reason

    This AD was prompted by reports of temporary loss of all display 
units and the integrated electronic standby instrument (IESI). The 
FAA is issuing this AD to address temporary loss of all display 
units and the IESI, 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, EASA Emergency AD 2021-0120-E.

(h) Exceptions to EASA Emergency AD 2021-0120-E

    (1) Where EASA Emergency AD 2021-0120-E refers to its effective 
date, this AD requires using the effective date of this AD.
    (2) Paragraph (1) of EASA Emergency AD 2021-0120-E specifies 
amending ``the applicable AFM [aircraft flight manual],'' but this 
AD requires amending ``the applicable existing AFM and applicable 
corresponding operational procedures.''
    (3) Where paragraphs (1) and (2) of EASA Emergency AD 2021-0120-
E specify to ``inform all flight crews, and, thereafter, operate the 
aeroplane accordingly,'' this AD does not require those actions as 
those actions are already required by existing FAA operating 
regulations.
    (4) Where paragraph (5) of EASA Emergency AD 2021-0120-E 
specifies actions if ``discrepancies are detected,'' for this AD a 
``discrepancy'' is defined as a lack of power supply to DU 4 or a 
static inverter 1 INV FAULT not being displayed on 29VU.
    (5) The ``Remarks'' section of EASA Emergency AD 2021-0120-E 
does not apply to this AD.
    (6) Paragraph(s) (6) and (7) of EASA Emergency AD 2021-0120-E 
specify to report test results to ATR within a certain compliance 
time. For this AD, report test results at the applicable time 
specified in paragraph (h)(6)(i) or (ii) of this AD.
    (i) If the test was done on or after the effective date of this 
AD: Submit the report within 10 days after the test.
    (ii) If the test was done before the effective date of this AD: 
Submit the report within 10 days after the effective date of this 
AD.

(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

[[Page 26377]]

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) Emergency AD 
2021-0120-E, dated May 3, 2021.
    (ii) [Reserved]
    (3) For EASA Emergency AD 2021-0120-E, contact 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-2021-0365.
    (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 May 5, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-10257 Filed 5-11-21; 4:15 pm]
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