[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Rules and Regulations]
[Pages 63007-63009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19900]



[[Page 63007]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1206; Project Identifier MCAI-2023-00068-T; 
Amendment 39-22527; AD 2023-17-01]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
ATR--GIE Avions de Transport R[eacute]gional Model ATR42 and ATR72 
airplanes. This 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 AD requires 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 incorporated by reference. This AD also prohibits the 
installation of affected parts. The FAA is issuing this AD to address 
the unsafe condition on these products.

DATES: This AD is effective October 19, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of October 19, 
2023.

ADDRESSES: 
    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 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.
    Material Incorporated by Reference:
     For EASA material incorporated by reference in this AD, 
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.
     For Safran Landing Systems SAS service information 
incorporated by reference 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.
     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 
regulations.gov under Docket No. FAA-2023-1206.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
phone: 206-231-3220; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    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 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 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 AD therefore does not include 
those airplanes in the applicability. The NPRM published in the Federal 
Register on June 8, 2023 (88 FR 37481). The NPRM was prompted by AD 
2023-0010, dated January 17, 2023, issued by EASA, which is the 
Technical Agent for the Member States of the European Union (EASA AD 
2023-0010) (also referred to as the MCAI). 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.
    In the NPRM, the FAA proposed to require a measurement of the 
affected part and, depending on findings, accomplishment of applicable 
corrective actions, as specified in EASA AD 2023-0010. The NPRM also 
proposed to prohibit the installation of affected parts. The FAA is 
issuing 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.

Discussion of Final Airworthiness Directive

Comments

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

Conclusion

    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 
referenced above. The FAA reviewed the relevant data, considered the 
comment received, and determined that air safety requires adopting this 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. 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.

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 the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 73 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

[[Page 63008]]



                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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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 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 currently 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.

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 adding the following new airworthiness 
directive:

2023-17-01 ATR--GIE Avions de Transport R[eacute]gional: Amendment 
39-22527; Docket No. FAA-2023-1206; Project Identifier MCAI-2023-
00068-T.

(a) Effective Date

    This airworthiness directive (AD) is effective October 19, 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 airplanes; and 
Model 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

[[Page 63009]]

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, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; phone: 206-231-3220; email: 
[email protected].

(k) 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 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 Safran Landing Systems SAS service information, 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 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.
    (6) 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: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 7, 2023.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2023-19900 Filed 9-13-23; 8:45 am]
BILLING CODE 4910-13-P