[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Proposed Rules]
[Pages 67842-67845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24542]


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

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: Supplemental notice of proposed rulemaking (SNPRM).

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

SUMMARY: The FAA proposes to revise a notice of proposed rulemaking 
(NPRM) to supersede Airworthiness Directive (AD) 2021-09-13, which 
applies to certain ATR-GIE Avions de Transport R[eacute]gional Model 
ATR42-500 airplanes. This action revises the NPRM by including 
additional new or more restrictive airworthiness limitations. The FAA 
is proposing this AD to address the unsafe condition on these products. 
Since this action would impose an additional burden over those in the 
NPRM, the FAA is reopening the comment period to allow the public the 
chance to comment on these changes.

DATES: The FAA must receive comments on this SNPRM by December 27, 
2022.

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 regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-

[[Page 67843]]

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.
    AD Docket: You may examine the AD docket at regulations.gov under 
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 the NPRM, this SNPRM, the mandatory continuing 
airworthiness information (MCAI), any comments received, and other 
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For material that is proposed for incorporation by 
reference in this SNPRM, contact EASA, Konrad-Adenauer-Ufer 3, 50668 
Cologne, Germany; telephone +49 221 8999 000; email [email protected]; 
website easa.europa.eu. You may find this material on the EASA website 
at ad.easa.europa.eu. It is also available at regulations.gov under 
Docket No. FAA-2022-0396.
     You may view this service information 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.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, Large Aircraft Section, FAA, International Validation Branch, 
2200 South 216th St., Des Moines, WA 98198; telephone 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 
this 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this SNPRM.

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 SNPRM 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 SNPRM, 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 SNPRM. 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 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.
    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to 
supersede AD 2021-09-13 that would apply to certain ATR-GIE Avions de 
Transport R[eacute]gional Model ATR42-500 airplanes. The NPRM published 
in the Federal Register on April 8, 2022 (87 FR 20783) (the NPRM). The 
NPRM was prompted by MCAI originated by the European Union Aviation 
Safety Agency (EASA), which is the Technical Agent for the Member 
States of the European Union. EASA issued AD 2021-0212, dated September 
17, 2021 (EASA AD 2021-0212), to correct an unsafe condition. The NPRM 
proposed to retain the requirements of AD 2021-09-13. The NPRM also 
proposed to require revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, EASA superseded EASA AD 2021-0212 
and issued EASA AD 2022-0063, dated April 8, 2022 (EASA AD 2022-0063). 
EASA AD 2022-0063 was issued because ATR-GIE Avions de Transport 
published Revision 16 of the ATR 42-400/-500 Time Limits Document 
(TLD), which included new or more restrictive maintenance tasks and 
airworthiness limitations. EASA subsequently superseded EASA AD 2022-
0063 and issued EASA AD 2022-0200, dated September 26, 2022 (EASA AD 
2022-0200) (also referred to after this as the MCAI). EASA AD 2022-0200 
states that since EASA AD 2022-0063 was issued, ATR-GIE Avions de 
Transport published Revision 17 of the ATR 42-400/-500 TLD, which 
includes new or more restrictive maintenance tasks and airworthiness 
limitations.
    EASA AD 2022-0200 applies to 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 proposed AD therefore does not 
include those airplanes in the applicability. Airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness issued after July 29, 2022, 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.
    The FAA is proposing this AD to prevent reduced structural 
integrity of the airplane. You may examine EASA AD 2022-0200 in the AD 
docket at regulations.gov under Docket No. FAA-2022-0396.

Comments

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

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0200 describes new or more restrictive maintenance 
tasks and airworthiness limitations for airplane structures and for 
safe life limits of the components.

[[Page 67844]]

    This proposed 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

    These products have been approved by the aviation authority of 
another country and are approved for operation in the United States. 
Pursuant to the FAA's bilateral agreement with the State of Design 
Authority, it has notified the FAA of the unsafe condition described in 
the MCAI described above. The FAA is issuing this NPRM after 
determining that the unsafe condition described previously is likely to 
exist or develop in other products of these same type designs.
    Certain changes described above expand the scope of the NPRM. As a 
result, it is necessary to reopen the comment period to provide 
additional opportunity for the public to comment on this SNPRM.

Proposed AD Requirements in This SNPRM

    This proposed AD would retain the requirements of AD 2021-09-13. 
This proposed AD would also require revising the existing maintenance 
or inspection program, as applicable, to incorporate additional new or 
more restrictive maintenance tasks and airworthiness limitations, which 
are specified in EASA AD 2022-0200 described previously, as proposed 
for incorporation by reference. Any differences with EASA AD 2022-0200 
are identified as exceptions in the regulatory text of this 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 (AMOC) according to 
paragraph (m)(1) of this proposed AD.

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) 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:
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 on this airworthiness directive 
(AD) by December 27, 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 July 29, 2022.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    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 New Terminating Action

    This paragraph restates the requirements of paragraph (j) of AD 
2021-09-13, with a new

[[Page 67845]]

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 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 2020-0263, 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 paragraph 
(j) 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 2022-0200, dated September 26, 2022 (EASA 
AD 2022-0200). 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 2022-0200

    (1) The requirements specified in paragraph (1) and (2) of EASA 
AD 2022-0200 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0200 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.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0200 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0200, or within 90 
days after the effective date of this AD, whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2022-0200 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0200 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 2022-0200.

(m) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 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, 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) Additional Information

    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 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 15, 2022.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0200, 
dated September 26, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
June 23, 2021 (86 FR 27031, May 19, 2021).
    (i) EASA AD 2020-0263, dated December 1, 2020.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0200 and 2020-0263, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; website easa.europa.eu.
    (6) You may view this service information 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 service information 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 5, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24542 Filed 11-9-22; 8:45 am]
BILLING CODE 4910-13-P