[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Rules and Regulations]
[Pages 54801-54803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21620]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0548; Project Identifier MCAI-2021-00046-T; 
Amendment 39-21731; AD 2021-19-13]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

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-
212A airplanes. This 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 AD requires replacing affected GPS 
SBAS receivers with new, improved receivers, 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 is effective November 9, 2021.
    The Director of the Federal Register approved the incorporation by 
reference

[[Page 54802]]

of a certain publication listed in this AD as of November 9, 2021.

ADDRESSES: 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 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 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 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 final rule, the 
mandatory continuing airworthiness information (MCAI), 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 2021-0013, dated January 13, 2021 
(EASA AD 2021-0013) (also referred to as the MCAI), to correct an 
unsafe condition for all ATR-GIE Avions de Transport R[eacute]gional 
Model ATR42-500 and ATR72-212A airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all ATR-GIE Avions de 
Transport R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. The 
NPRM published in the Federal Register on July 7, 2021 (86 FR 35697). 
The NPRM was prompted by reports indicating that Thales GPS SBAS 
receivers provided, under certain conditions, erroneous outputs on 
aircraft positions. The NPRM proposed to require replacing affected GPS 
SBAS receivers with new, improved receivers, as specified in EASA AD 
2021-0013.
    The FAA is issuing 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. 
See the MCAI for additional background information.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International, (ALPA) who supported the NPRM without change.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
requires adopting this AD as proposed. Except for minor editorial 
changes, this AD is adopted as proposed in the NPRM. None of the 
changes will increase the economic burden on any operator. Accordingly, 
the FAA is issuing this AD to address the unsafe condition on these 
products.

Related AD

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

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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = $170...........................            $0 *             $170           $2,550
----------------------------------------------------------------------------------------------------------------
 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

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a

[[Page 54803]]

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.

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:

2021-19-13 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-21731; Docket No. FAA-2021-0548; Project Identifier MCAI-2021-
00046-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2021.

(b) Affected 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 airplane flight 
manual (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) 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

    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].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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 2021-0013, 
dated January 13, 2021.
    (ii) [Reserved]
    (3) For 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.
    (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.
    (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 September 7, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-21620 Filed 10-4-21; 8:45 am]
BILLING CODE 4910-13-P