[Federal Register Volume 87, Number 68 (Friday, April 8, 2022)]
[Proposed Rules]
[Pages 20783-20787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07470]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0396; Project Identifier MCAI-2021-01050-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 supersede Airworthiness Directive (AD) 
2021-09-13, which applies to certain ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. Since 
the FAA issued AD 2021-09-13, the FAA has determined that new or more 
restrictive airworthiness limitations are necessary. This proposed AD 
would revise the applicability by adding airplanes. This proposed AD 
would also continue to require the actions in AD 2021-09-13 and require 
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 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 May 23, 
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:

[[Page 20784]]

     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: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590, 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 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-2022-0396.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2022-0396; 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, the 
mandatory continuing airworthiness information (MCAI), 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, FAA, International Validation Branch, 
2200 South 216th St., Des Moines, WA 98198; telephone 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-2022-0396; Project Identifier 
MCAI-2021-01050-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, FAA, 
International Validation Branch, 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.

Background

    The FAA issued AD 2021-09-13, Amendment 39-21527 (86 FR 27031, May 
19, 2021) (AD 2021-09-13), for certain ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. The 
FAA issued AD 2021-09-13 to prevent reduced structural integrity of the 
airplane.

Actions Since AD 2021-09-13 Was Issued

    Since the FAA issued AD 2021-09-13, the FAA has determined that new 
or more restrictive airworthiness limitations are necessary.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0212, dated September 17, 2021 
(EASA AD 2021-0212) (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 ATR42-400 
and -500 airplanes. Model ATR42-400 airplanes are not certificated by 
the FAA and are not included on the U.S. type certificate data sheet; 
this AD therefore does not include those airplanes in the 
applicability.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after March 4, 2021, must 
comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet; 
this proposed AD therefore does not include those airplanes in the 
applicability.
    This proposed AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
proposing this AD to prevent reduced structural integrity of the 
airplane. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0212 describes new or more restrictive airworthiness 
limitations for airplane structures and for safe life limits of the 
components, among other actions not required by this AD.
    This AD would also require EASA AD 2020-0263, dated December 1, 
2020, which the Director of the Federal Register approved for 
incorporation by reference as of June 23, 2021 (86 FR 27031, May 19, 
2021).
    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 proposing this AD because the FAA has 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely

[[Page 20785]]

to exist or develop on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would retain the requirements of AD 2021-09-13. 
This proposed AD would also revise the applicability by adding 
airplanes and require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations, which are specified in EASA AD 2021-0212 
described previously, as proposed for incorporation by reference. 
Revising the existing maintenance or inspection program, as specified 
in EASA AD 2021-0212, would terminate the retained requirements in AD 
2021-09-13. Any differences with EASA AD 2021-0212 are identified as 
exceptions in the regulatory text of this proposed AD.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
Critical Design Configuration Control Limitations (CDCCLs). Compliance 
with these actions and CDCCLs is required by 14 CFR 91.403(c). For 
airplanes that have been previously modified, altered, or repaired in 
the areas addressed by this proposed AD, the operator may not be able 
to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(m)(1) of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2021-0212 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2021-0212 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 EASA AD 2021-0212 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 EASA AD 2021-
0212. Service information required by EASA AD 2021-0212 for compliance 
will be available at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0396 after the FAA final rule is 
published.

Airworthiness Limitation ADs Using the New Process

    The FAA's process of incorporating by reference MCAI ADs as the 
primary source of information for compliance with corresponding FAA ADs 
has been limited to certain MCAI ADs (primarily those with service 
bulletins as the primary source of information for accomplishing the 
actions required by the FAA AD). However, the FAA is now expanding the 
process to include MCAI ADs that require a change to airworthiness 
limitation documents, such as airworthiness limitation sections.
    For these ADs that incorporate by reference an MCAI AD that changes 
airworthiness limitations, the FAA requirements are unchanged. 
Operators must revise the existing maintenance or inspection program, 
as applicable, to incorporate the information specified in the new 
airworthiness limitation document. The airworthiness limitations must 
be followed according to 14 CFR 91.403(c) and 91.409(e).
    The previous format of the airworthiness limitation ADs included a 
paragraph that specified that no alternative actions (e.g., 
inspections), intervals, or CDCCLs/or intervals may be used unless the 
actions, intervals, and CDCCLs/actions and intervals are approved as an 
Alternative Methods of Compliance (AMOC) in accordance with the 
procedures specified in the AMOCs paragraph under ``Additional FAA 
Provisions.'' This new format includes a ``New Provisions for 
Alternative Actions, Intervals, and CDCCLs/Actions and Intervals'' 
paragraph that does not specifically refer to AMOCs, but operators may 
still request an AMOC to use an alternative action, interval, or CDCCL/
action or interval.

Costs of Compliance

    The FAA estimates that this proposed AD affects 9 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this 
proposed AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2021-09-13 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 proposed 
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

    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) 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.

[[Page 20786]]

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:
0
a. Removing Airworthiness Directive (AD) 2021-09-13, Amendment 39-21527 
(86 FR 27031, May 19, 2021); and
0
b. Adding the following new AD:

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2022-
0396; Project Identifier MCAI-2021-01050-T.

(a) Comments Due Date

    The FAA must receive comments by May 23, 2022.

(b) Affected ADs

    This AD replaces AD 2021-09-13, Amendment 39-21527 (86 FR 27031, 
May 19, 2021) (AD 2021-09-13).

(c) Applicability

    This AD applies to ATR--GIE Avions de Transport R[eacute]gional 
Model ATR42-500 airplanes, certificated in any category, with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before March 4, 2021.

(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 prevent reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With a Revised Paragraph Reference and a New Terminating 
Action

    This paragraph restates the requirements of paragraph (j) of AD 
2021-09-13, with a revised paragraph reference and a new terminating 
action. For airplanes with an original airworthiness certificate or 
original export certificate of airworthiness dated on or before July 
7, 2020: 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 
2020-0263, dated December 1, 2020 (EASA AD 2020-0263). Accomplishing 
the maintenance or inspection program revision required by paragraph 
(j) of this AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2020-0263, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(k) of AD 2021-09-13, with no changes. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness dated on or before July 7, 2020, the following 
exceptions apply:
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0263 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0263 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, within 90 days 
after June 23, 2021 (the effective date of AD 2021-09-13).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2020-0263 is at the applicable ``thresholds'' 
as incorporated by the requirements of paragraph (3) of EASA AD 
2020-0263, or within 90 days after June 23, 2021 (the effective date 
of AD 2021-09-13), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0263 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0263 does not apply 
to this AD.

(i) Retained Restrictions on Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With a New 
Exception

    This paragraph restates the requirements of paragraph (l) of AD 
2021-09-13, with a new exception. Except as required by paragraphs 
(j) and (k) of this AD, after the maintenance or inspection program 
has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections), intervals, and CDCCLs are 
allowed unless they are approved as specified in the provisions of 
the ``Ref. Publications'' section of EASA AD 2020-0263.

(j) New Revision of the Existing Maintenance or Inspection Program

    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 2021-0212, dated September 17, 2021 (EASA 
AD 2021-0212). 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 2021-0212

    (1) Where EASA AD 2021-0212 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 2021-0212 do not apply to this AD.
    (3) Paragraph (3) of EASA AD 2021-0212 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, within 90 days 
after the effective date of this AD.
    (4) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2021-0212 is at the applicable ``limitations'' 
and ``associated thresholds'' as incorporated by the requirements of 
paragraph (3) of EASA AD 2021-0212, 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 2021-0212 do not apply to this AD.
    (6) The ``Remarks'' section of EASA AD 2021-0212 does not apply 
to this AD.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2021-0212.

(m) Additional 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 (n)(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.

(n) Related Information

    (1) For EASA AD 2021-0212, 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

[[Page 20787]]

the internet at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2022-0396.
    (2) For more information about this AD, contact Shahram 
Daneshmandi, Aerospace Engineer, Large Aircraft Section, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, 
WA 98198; telephone and fax 206-231-3220; email 
[email protected].

    Issued on April 4, 2022.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-07470 Filed 4-7-22; 8:45 am]
BILLING CODE 4910-13-P