[Federal Register Volume 86, Number 166 (Tuesday, August 31, 2021)]
[Rules and Regulations]
[Pages 48490-48493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18704]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0366; Project Identifier MCAI-2021-00080-T; 
Amendment 39-21685; AD 2021-17-02]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2020-23-
13, which applied to all ATR--GIE Avions de Transport R[eacute]gional 
Model ATR42-200, -300, and -320 airplanes. AD 2020-23-13 required a 
one-time inspection for discrepancies of the wire bundles between the 
left- and right-hand angle of attack (AOA) probes and the crew alerting 
computer, and, depending on findings, applicable corrective actions. 
This AD continues to require the actions in AD 2020-23-13, and also 
requires for certain airplanes, modifying the captain stick shaker 
wiring, and for all airplanes, revising the existing aircraft flight 
manual (AFM) and applicable corresponding operational procedures to 
incorporate procedures for the stick pusher/shaker, as specified in a 
European Union Aviation Safety Agency (EASA) AD, which is incorporated 
by reference. This AD was prompted by false activation of the stall 
warning system due to wiring damage on the wire bundle between an AOA 
probe and the crew alerting computer, and the development of a wiring 
modification and AFM update to address the unsafe condition. The FAA is 
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 5, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of October 5, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact

[[Page 48491]]

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-2021-0366.

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-
0366; 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 final rule, any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.

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:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0024, dated January 19, 2021 
(EASA AD 2021-0024) (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, and -320 airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2020-23-13, Amendment 39-21330 (85 FR 
73407, November 18, 2020) (AD 2020-23-13). AD 2020-23-13 applied to all 
ATR--GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and 
-320 airplanes. The NPRM published in the Federal Register on May 13, 
2021 (86 FR 26195). The NPRM was prompted by false activation of the 
stall warning system due to wiring damage on the wire bundle between an 
AOA probe and the crew alerting computer, and the development of a 
wiring modification and AFM update to address the unsafe condition. The 
NPRM proposed to continue to require the actions in AD 2020-23-13, and 
also proposed to require for certain airplanes, modifying the captain 
stick shaker wiring, and for all airplanes, revising the existing AFM 
and applicable corresponding operational procedures to incorporate 
procedures for the stick pusher/shaker, as specified in EASA AD 2021-
0024.
    The FAA is issuing this AD to address false activation of the stall 
warning system, which could result in loss of control of the airplane 
during take-off and landing phases. See the MCAI for additional 
background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA has considered the comment 
received. The Air Line Pilots Association, International (ALPA) 
indicated its support for the NPRM.

Explanation of Changes to This AD

    The FAA has added paragraph (h)(7) of this AD to clarify what 
``discrepancies'' are since the ATR Airworthiness Operators Message 
(AOM) referred to in EASA AD 2021-0024 does not use the word 
``discrepancy.''
    The FAA has revised paragraph (h)(4)(ii) of this AD to clarify 
that, for inspections done on or before December 3, 2020, those reports 
must be submitted ``within 30 days after December 3, 2020.'' In the 
proposed AD, the FAA inadvertently stated that the reports were to be 
submitted ``within 30 days after the effective date of this AD.'' 
However, this requirement is retained from AD 2020-23-13 and the FAA 
intends for the compliance time to remain the same.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule with the changes described previously 
and minor editorial changes. The FAA has determined that these minor 
changes:
     Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0024 describes procedures for a one-time detailed 
visual inspection of the wire bundles between the left- and right-hand 
AOA probes and the crew alerting computer for discrepancies (including, 
but not limited to, wire damage, missing or damaged conduits, and 
incorrect routing of wiring and conduits), and, depending on findings, 
applicable corrective actions. EASA AD 2021-0024 also describes 
procedures for modifying the captain stick shaker wiring, and amending 
the systems limitations section of the applicable AFM to incorporate 
procedures for the stick pusher/shaker. 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.

Costs of Compliance

    The FAA estimates that this AD affects 26 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2020-23-  Up to 10 work-hours              $0  Up to $850.........  Up to $22,100.
 13.                                x $85 per hour =
                                    Up to $850.
New proposed actions.............  4 work-hours x $85             $100  $440...............  $11,440.
                                    per hour = $340.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.


[[Page 48492]]

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the proposed 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 inspection results on U.S. 
operators to be $2,210, 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 the 
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

    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,
    (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.

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:
0
a. Removing Airworthiness Directive (AD) 2020-23-13, Amendment 39-21330 
(85 FR 73407, November 18, 2020); and
0
b. Adding the following new AD:

2021-17-02 ATR--GIE Avions de Transport R[eacute]gional: Amendment 
39-21685; Docket No. FAA-2021-0366; Project Identifier MCAI-2021-
00080-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 5, 2021.

(b) Affected ADs

    This AD replaces AD 2020-23-13, Amendment 39-21330 (85 FR 73407, 
November 18, 2020) (AD 2020-23-13).

(c) Applicability

    This AD applies to all ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, and -320 airplanes, 
certificated in any category.

(d) Subject

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

(e) Reason

    This AD was prompted by false activation of the stall warning 
system due to wiring damage on the wire bundle between an angle of 
attack (AOA) probe and the crew alerting computer, and the 
development of a wiring modification and aircraft flight manual 
(AFM) update to address the unsafe condition. The FAA is issuing 
this AD to address this condition, which could result in loss of 
control of the airplane during take-off and landing phases.

(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 
2021-0024, dated January 19, 2021 (EASA AD 2021-0024).

(h) Exceptions to EASA AD 2021-0024

    (1) Where EASA AD 2021-0024 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0024 refers to ``the effective date of 
EASA AD 2020-0221,'' this AD requires using December 3, 2020 (the 
effective date of AD 2020-23-13).
    (3) The ``Remarks'' section of EASA AD 2021-0024 does not apply 
to this AD.
    (4) Paragraph (3) of EASA AD 2021-0024 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 specified in paragraph (h)(4)(i) or 
(ii) of this AD.
    (i) If the inspection was done on or after December 3, 2020 (the 
effective date of AD 2020-23-13): Submit the report within 30 days 
after the inspection.
    (ii) If the inspection was done before December 3, 2020 (the 
effective date of AD 2020-23-13): Submit the report within 30 days 
after December 3, 2020.
    (5) Paragraphs (5) and (6) of EASA AD 2021-0024 specify amending 
``the applicable AFM [aircraft flight manual] of that aeroplane by 
inserting the AFM change provided in Appendix 1 of this [EASA] AD,'' 
however this AD requires amending ``the existing AFM and applicable 
corresponding operational procedures to incorporate the limitations 
and procedures specified in Appendix 1 of EASA AD 2021-0024.''
    (6) Where paragraphs (5) and (6) of EASA AD 2021-0024 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.
    (7) Where paragraph (1) of EASA AD 2021-0024 refers to 
``discrepancies,'' for this AD discrepancies include, but are not 
limited to, wire damage, missing or damaged conduits, and incorrect 
routing of wiring and conduits.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:

[[Page 48493]]

    (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.

(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; phone 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 2021-0024, 
dated January 19, 2021.
    (ii) [Reserved]
    (3) For EASA AD 2021-0024, 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-2021-0366.
    (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 August 3, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-18704 Filed 8-30-21; 8:45 am]
BILLING CODE 4910-13-P