[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Proposed Rules]
[Pages 35697-35700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14360]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0548; Project Identifier MCAI-2021-00046-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 ATR42-500 and 
ATR72-212A airplanes. This proposed AD was prompted by reports 
indicating that certain Thales global positioning system (GPS) 
satellite based augmentation system (SBAS) receivers provided, under 
certain conditions, erroneous outputs on aircraft positions. This 
proposed AD would require replacing affected GPS SBAS receivers with 
new, improved receivers, 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 August 23, 
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 that will be 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-2021-0548.

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-
0548; 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.

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 send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0548; Project Identifier 
MCAI-2021-00046-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

[[Page 35698]]

Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone 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.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0013, dated January 13, 2021 
(EASA AD 2021-0013) (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 ATR42-500 and 
ATR72-212A airplanes.
    This proposed AD was prompted by reports indicating that Thales GPS 
SBAS receivers provided, under certain conditions, erroneous outputs on 
aircraft positions. The manufacturer developed a new, improved receiver 
which incorporates improved software and ensures correct navigational 
performance. The FAA is proposing this AD to address erroneous aircraft 
position outputs from the GPS SBAS receivers, which could result in 
controlled flight into terrain, and consequent loss of control of the 
airplane.
    Although paragraphs (2) and (3) of EASA AD 2021-0013 require 
amending the applicable AFM, the FAA has determined that this 
requirement is not necessary. The FAA received verification from the 
manufacturer that the unsafe condition in this proposed AD will be 
addressed by replacing the GPS SBAS receivers with new, improved 
receivers. However, the GPS procedures added to the AFM as required by 
AD 2020-08-02, Amendment 39-21108 (85 FR 20586, April 14, 2020) (AD 
2020-08-02), must be removed, as specified in paragraph (h)(2) of this 
proposed AD.
    See the MCAI for additional background information.

Related AD

    AD 2020-08-02 applies to certain Thales GPS SBAS receivers 
installed on airplanes (including Model ATR42-500 and ATR72-212A) and 
helicopters. AD 2020-08-02 requires the installation of a software 
update to the aircraft navigation database and insertion of a change to 
the applicable airplane flight manual (AFM). The FAA issued AD 2020-08-
02 to address erroneous aircraft position outputs from the affected 
Thales GPS SBAS receivers, which could result in controlled flight into 
terrain and loss of the aircraft. AD 2020-08-02 corresponds to EASA AD 
2019-0004, dated January 11, 2019. Upon completion of EASA AD 2021-0013 
by Model ATR42-500 and ATR72-212A airplanes, all requirements of EASA 
2019-0004 are effectively terminated for those airplanes.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0013 describes procedures for replacing certain GPS 
SBAS receivers with new, improved receivers. 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 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 2021-0013 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 ``Difference 
Between this Proposed AD and the MCAI.'' Accomplishment of the 
requirements of this AD would terminate all requirements of AD 2020-08-
02 for Model ATR42-500 and ATR72-212A airplanes.

Difference Between This Proposed AD and the MCAI

    Although certain service information specified in EASA AD 2021-0013 
specifies the inclusion of MOD 10046 in the AFM List of Modifications 
(LOM), this proposed AD does not include this requirement. Instead, 
after accomplishment of the actions in this proposed AD, operators 
would be required to remove the AFM revisions for the GPS reset 
procedures that are required by FAA AD 2020-08-02, because the unsafe 
condition in this proposed AD will be addressed by the GPS SBAS 
receiver replacement. This difference has been coordinated with ATR and 
EASA.

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 2021-0013 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2021-0013 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 2021-0013 that is required for compliance with EASA AD 2021-
0013 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0548 after the FAA 
final rule is published.

Costs of Compliance

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

[[Page 35699]]



                                      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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2 work-hours x $85 per hour = $170...........................            $0 *             $170           $2,550
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* The manufacturer will provide replacement receivers at no cost to the operators. The FAA has received no
  definitive data on which to base the cost estimates for these parts.

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) Would not affect intrastate aviation in Alaska, and
    (3) Would 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-2021-
0548; Project Identifier MCAI-2021-00046-T.

(a) Comments Due Date

    The FAA must receive comments by August 23, 2021.

(b) Affected Airworthiness Directives (ADs)

    This AD affects AD 2020-08-02, Amendment 39-21108 (85 FR 20586, 
April 14, 2020) (AD 2020-08-02).

(c) Applicability

    This AD applies to all ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-500 and ATR72-212A airplanes, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports that Thales global positioning 
system (GPS) satellite based augmentation system (SBAS) receivers 
provided, under certain conditions, erroneous outputs on aircraft 
positions. The FAA is issuing this AD to address the potential for 
these erroneous outputs, which could result in controlled flight 
into terrain, and consequent 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 
2021-0013, dated January 13, 2021 (EASA AD 2021-0013).

(h) Exceptions to EASA AD 2021-0013

    (1) Where EASA AD 2021-0013 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (2) and (3) of EASA 
AD 2021-0013 do not apply to this AD. Instead, the AFM changes 
required by AD 2020-08-02 must be removed from the existing AFM 
before further flight after compliance with all other actions 
required by this AD.
    (3) The ``Remarks'' section of EASA AD 2021-0013 does not apply 
to this AD.

(i) Terminating Action for AD 2020-08-02

    Accomplishment of this AD terminates all requirements of AD 
2020-08-02 for Model ATR42-500 and ATR72-212A airplanes.

(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 2021-0013, 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. 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-
2021-0548.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace

[[Page 35700]]

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].

    Issued on June 30, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-14360 Filed 7-6-21; 8:45 am]
BILLING CODE 4910-13-P