[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 64805-64807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25203]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0508; Project Identifier MCAI-2021-00070-T; 
Amendment 39-21747; AD 2021-20-09]
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.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-03-
03, which applied to certain ATR-GIE Avions de Transport 
R[eacute]gional Model ATR72 airplanes. AD 2021-03-03 required revising 
the existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive airworthiness limitations. Since 
the FAA issued AD 2021-03-03, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary. This AD requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations, 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 December 27, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 27, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of March 
31, 2021 (86 FR 11103, February 24, 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-2021-0508.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0508; 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; 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 AD 2021-0020, dated January 15, 2021 
(EASA AD 2021-0020) (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 ATR72 
airplanes.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2021-03-03, Amendment 39-21406 (86 FR 
11103, February 24, 2021) (AD 2021-03-03). AD 2021-03-03 applied to 
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR72 
airplanes. The NPRM published in the Federal Register on July 20, 2021 
(86 FR 38239). The NPRM was prompted by a determination that new or 
more restrictive airworthiness limitations are necessary. The NPRM 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations, as specified in EASA AD 2021-0020.
    The FAA is issuing this AD to address fatigue cracking and damage 
in principal structural elements, which could result in reduced 
structural integrity 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, considered the comment 
received, 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 Service Information Under 1 CFR Part 51

    EASA AD 2021-0020 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires EASA AD 2020-0173, dated August 5, 2020, 
which the Director of the Federal Register approved for incorporation 
by reference as of March 31, 2021 (86 FR 11103, February 24, 2021). 
This material is reasonably available because the interested parties 
have access to it through their normal course of business

[[Page 64806]]

or by the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 23 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2021-03-03 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. 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 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

    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.

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) 2021-03-03, Amendment 39-21406 
(86 FR 11103, February 24, 2021); and
0
b. Adding the following new AD:

2021-20-09 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-21747; Docket No. FAA-2021-0508; Project Identifier MCAI-2021-
00070-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 27, 
2021.

(b) Affected ADs

    This AD replaces AD 2021-03-03, Amendment 39-21406 (86 FR 11103, 
February 24, 2021) (AD 2021-03-03).

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes, 
certificated in any category, with an original airworthiness 
certificate or original export certificate of airworthiness issued 
on or before October 9, 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 address fatigue cracking and damage in principal 
structural elements, which could result in 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 (k) of AD 
2021-03-03, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before December 12, 2019, 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 2020-0173, dated 
August 5, 2020 (EASA AD 2020-0173). Accomplishing the revision of 
the existing maintenance or inspection program required by paragraph 
(j) of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0173, With Revised Exceptions

    This paragraph restates the requirements of paragraph (l) of AD 
2021-03-03, with revised exceptions.
    (1) Where EASA AD 2020-0173 refers to its effective date, this 
AD requires using March 31, 2021 (the effective date of AD 2021-03-
03).
    (2) The requirements specified in paragraphs (1) and (3) of EASA 
AD 2020-0173 do not apply to this AD.
    (3) Paragraph (4) of EASA AD 2020-0173 specifies revising ``the 
approved AMP [aircraft maintenance program]'' within 12 months after 
its effective date, but this AD requires revising the existing 
maintenance or inspection program, as applicable, to incorporate the 
``limitations, tasks and associated thresholds and intervals'' 
specified in paragraph (4) of EASA AD 2020-0173 within 90 days after 
March 31, 2021 (the effective date of AD 2021-03-03).
    (4) Except as provided by paragraph (2) of EASA AD 2020-0173, 
the initial compliance time for doing the tasks specified in 
paragraph (4) of EASA AD 2020-0173 is at the applicable ``associated 
thresholds'' specified in paragraph (4) of EASA AD 2020-0173, or 
within 90 days after March 31, 2021 (the effective date of AD 2021-
03-03), whichever occurs later.
    (5) The provisions specified in paragraphs (5) and (6) of EASA 
AD 2020-0173 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2020-0173 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions and Intervals, With a 
New Exception

    This paragraph restates the requirements of paragraph (m) of AD 
2021-03-03, with a new exception. Except as required by paragraph 
(j) of this AD, after the existing maintenance or inspection program 
has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections) or intervals, are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2020-0173.

(j) New Maintenance 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, EASA AD 2021-0020,

[[Page 64807]]

dated January 15, 2021 (EASA AD 2021-0020). Accomplishing the 
revision of the existing maintenance or inspection program required 
by this paragraph terminates the requirements of paragraph (g) of 
this AD.

(k) Exceptions to EASA AD 2021-0020

    (1) Where EASA AD 2021-0020 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2021-0020 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0020 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.
    (4) Except as provided by Note 1 of EASA AD 2021-0020, the 
initial compliance time for doing the tasks specified in paragraph 
(3) of EASA AD 2021-0020 is at the applicable ``thresholds'' as 
incorporated by the requirements of paragraph (3) of EASA AD 2021-
0020, or within 90 days after the effective date of this AD, 
whichever occurs later.
    (5) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2021-0020 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0020 does not apply 
to this AD.

(l) New Provisions for Alternative Actions and Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections) and intervals are allowed unless they 
are approved as specified in the provisions of the ``Ref. 
Publications'' section of EASA AD 2021-0020.

(m) Additional 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 local Flight 
Standards District 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 (n) 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.

(n) 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].

(o) 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.
    (3) The following service information was approved for IBR on 
December 27, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2021-0020, 
dated January 15, 2021.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
March 31, 2021 (86 FR 11103, February 24, 2021).
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0173, 
dated August 5, 2020.
    (ii) [Reserved]
    (5) For EASA AD 2021-0020 and AD 2020-0173, 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.
    (6) 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.
    (7) 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 November 14, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-25203 Filed 11-18-21; 8:45 am]
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