[Federal Register Volume 88, Number 110 (Thursday, June 8, 2023)]
[Proposed Rules]
[Pages 37481-37483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12156]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 88 , No. 110 / Thursday, June 8, 2023 / 
Proposed Rules  

[[Page 37481]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1206; Project Identifier MCAI-2023-00068-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).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for all ATR-GIE Avions de Transport R[eacute]gional Model ATR42 and 
ATR72 airplanes. This proposed AD was prompted by a determination that 
some batches of nose landing gear (NLG) drag brace panels (DBP) having 
certain part numbers were affected by a quality deficiency that was not 
detected in production. This proposed AD would require a measurement of 
the affected part and, depending on findings, accomplishment of 
applicable corrective actions, as specified in a European Union 
Aviation Safety Agency (EASA) AD, which is proposed for incorporation 
by reference (IBR). This proposed AD would also prohibit the 
installation of affected parts. 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 July 24, 
2023.

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-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-2023-1206; 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.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM, 
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-2023-1206.
     For Safran Landing Systems SAS service information 
identified in this NPRM, contact Safran Landing Systems SAS, Inovel 
Parc Sud--7, rue G[eacute]n[eacute]ral Val[eacute]rie Andr[eacute], 
78140 VELIZY-VILLACOUBLAY--FRANCE; telephone +33 (0) 1 46 29 81 00, 
website safran-landing-systems.com.
     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-2023-1206; Project Identifier 
MCAI-2023-00068-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 NPRM.

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 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

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2023-0010, dated January 17, 2023 
(EASA AD 2023-0010) (also referred to as the MCAI), to correct an 
unsafe condition for all ATR-GIE Avions de Transport R[eacute]gional 
Model ATR 42-200, ATR 42-300, ATR 42-320, ATR 42-400, ATR 42-500, ATR 
72-101, ATR 72-102, ATR 72-201, ATR 72-202, ATR 72-211, ATR

[[Page 37482]]

72-212, and ATR 72-212A airplanes. Model ATR 42-400 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.
    The MCAI states that it has been determined that some batches of 
NLG DBP having part number (P/N) D63757 and P/N D69085 were affected by 
a quality deficiency that was not detected in production. Consequently, 
this issue could lead to NLG DBP dissymmetry at the lower area, which 
might affect the structural strength of the NLG DBP. This condition, if 
not addressed, could lead to NLG DBP structural fatigue failure and 
subsequent collapse of the NLG, possibly resulting in damage to the 
airplane and injury to occupants.
    The FAA is proposing this AD to address the unsafe condition on 
these products.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-1206.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0010 specifies procedures for measuring the affected 
part and, depending on findings, accomplishing applicable corrective 
actions. Corrective actions could include obtaining and carrying out 
repair instructions, or replacing the affected part with a serviceable 
part. EASA AD 2033-0010 also specifies procedures for reporting 
measurement findings to ATR-GIE and prohibits the installation of 
affected parts.
    Safran Landing Systems SAS Service Bulletin 631-32-286, dated 
October 28, 2022, provides the list of affected parts and specifies 
measurement procedures.
    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 ADDRESSES.

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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI and 
service information referenced 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 the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2023-0010 described previously, except for any differences 
identified as exceptions in the regulatory text 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 2023-0010 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0010 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 2023-0010 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 2023-
0010. Service information required by EASA AD 2023-0010 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-1206 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 73 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed 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          $12,410
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this proposed 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 a 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 OMB 
Control Number for this information collection is 2120-0056. Public 
reporting for this collection of information is estimated to take 
approximately 1 hour per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. All responses to this collection of 
information are mandatory. Send comments regarding this burden estimate 
or any other aspect of this collection of information, including 
suggestions for reducing this burden, to: 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.

[[Page 37483]]

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 adding the following new airworthiness 
directive:

ATR-GIE Avions de Transport R[eacute]gional: Docket No. FAA-2023-
1206; Project Identifier MCAI-2023-00068-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by July 24, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, -320, and -500; and ATR72-
101, -102, -201, -202, -211, -212, and -212A airplanes, certificated 
in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 32, Landing 
gear.

(e) Unsafe Condition

    This AD was prompted by a determination that some batches of 
nose landing gear (NLG) drag brace panels (DBP) having part number 
(P/N) D63757 and P/N D69085 were affected by a quality deficiency 
that was not detected in production. The FAA is issuing this AD to 
address the possibility of a resulting NLG DBP dissymmetry at the 
lower area, which might affect the structural strength of the NLG 
DBP. This condition, if not addressed, could lead to NLG DBP 
structural fatigue failure and subsequent collapse of the NLG, 
possibly resulting in damage to the airplane and injury to 
occupants.

(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 
2023-0010, dated January 17, 2023 (EASA AD 2023-0010).

(h) Exceptions to EASA AD 2023-0010

    (1) Where EASA AD 2023-0010 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0010.
    (3) Where EASA AD 2023-0010 defines ``the SB,'' for this AD, 
operators must use Safran Landing Systems SAS Service Bulletin 631-
32-286, dated October 28, 2022.
    (4) Paragraph (2) of EASA AD 2023-0010 specifies to report 
measurement results to Safran Landing Systems SAS 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, 
but do not exceed the compliance time specified in Table 1 of EASA 
AD 2023-0010.
    (i) If the inspection was done on or after the effective date of 
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) 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 (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, 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) 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].

(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 2023-0010, 
dated January 17, 2023.
    (ii) Safran Landing Systems SAS Service Bulletin 631-32-286, 
dated October 28, 2022.
    (3) For EASA AD 2023-0010, 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 EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) For service information identified in this AD, contact 
Safran Landing Systems SAS, Inovel Parc Sud-7, rue 
G[eacute]n[eacute]ral Val[eacute]rie Andr[eacute], 78140 VELIZY-
VILLACOUBLAY-FRANCE; telephone +33 (0) 1 46 29 81 00, website 
safran-landing-systems.com.
    (5) 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.
    (6) 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 June 2, 2023.
Michael Linegang,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-12156 Filed 6-7-23; 8:45 am]
BILLING CODE 4910-13-P