[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Proposed Rules]
[Pages 69102-69105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22071]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1987; Project Identifier MCAI-2023-00807-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) 
2021-17-02, which applies to all ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD 2021-17-
02 requires a one-time inspection for discrepancies of the wire bundles 
between the left- and right-hand angle of attack (AOA) probes and the 
crew alerting computer, and, depending on findings, applicable 
corrective actions. AD 2021-17-02 also required for certain airplanes, 
modifying the captain stick shaker wiring, and for all airplanes, 
revising the existing aircraft flight manual (AFM) and applicable 
corresponding operational procedures to incorporate procedures for the 
stick pusher/shaker. Since the FAA issued AD 2021-17-02, a modification 
was developed to the affected wiring. This proposed AD would require 
installing a new AOA power supply unit and revising the existing AFM, 
as specified in a European Union Aviation Safety Agency (EASA) AD, 
which is proposed for incorporation by reference (IBR). 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 November 
20, 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-2023-1987; 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 the EASA ADs identified 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 ad.easa.europa.eu. It is also 
available at regulations.gov under Docket No. FAA-2023-1987.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th Street, 
Des Moines, WA. For information on the availability of this material at 
the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aviation Safety 
Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; 
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-2023-1987; Project Identifier 
MCAI-2023-00807-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, Aviation Safety Engineer, FAA, 1600 Stewart 
Avenue, Suite 410, Westbury, NY 11590; 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 2021-17-02, Amendment 39-21685 (86 FR 48490, 
August 31, 2021) (AD 2021-17-02), for all ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD 2021-17-
02 was prompted by an MCAI originated by EASA, which is the Technical 
Agent for the Member States of the European Union. EASA issued AD 2021-
0024, dated January 19, 2021, to correct false

[[Page 69103]]

activation of the stall warning system due to wiring damage on the wire 
bundle between an AOA probe and the crew alerting computer.
    AD 2021-17-02 requires a one-time inspection for discrepancies of 
the wire bundles between the left- and right-hand AOA probes and the 
crew alerting computer, and, depending on findings, applicable 
corrective actions. AD 2021-17-02 also required for certain airplanes, 
modifying the captain stick shaker wiring, and for all airplanes, 
revising the existing AFM and applicable corresponding operational 
procedures to incorporate procedures for the stick pusher/shaker.

Actions Since AD 2021-17-02 Was Issued

    The preamble to AD 2021-17-02 explained that the FAA considered the 
requirements ``interim action'' and was considering further rulemaking. 
The FAA has now determined that further rulemaking is indeed necessary, 
and this proposed AD follows from that determination.
    Since the FAA issued AD 2021-17-02, EASA superseded AD 2021-0024, 
dated January 19, 2021, and issued EASA AD 2023-0134, dated July 5, 
2023 (EASA AD 2023-0134) (also referred to as the MCAI), to correct an 
unsafe condition for all ATR--GIE Avions de Transport R[eacute]gional 
Model ATR42-200, -300, and -320 airplanes. The MCAI states final 
modification instructions of the affected wiring were developed. This 
proposed AD requires installing a new AOA power supply unit, and 
removes the AFM amendment.
    The FAA is proposing this AD to address false activation of the 
stall warning system, which could result in loss of control of the 
airplane during take-off and landing phases. You may examine the MCAI 
in the AD docket at regulations.gov under Docket No. FAA-2023-1987.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2021-17-02, this proposed AD would retain all of the 
requirements of AD 2021-17-02. Those requirements are referenced in 
EASA AD 2023-0134, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0134 specifies procedures for installing the AOA power 
supply unit and removing the AFM amendment. 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 this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
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 retain all of the requirements of AD 2021-
17-02. This proposed AD would require accomplishing the actions 
specified in EASA AD 2023-0134 described previously.
    EASA AD 2023-0134 requires operators to amend the AFM to ``inform 
all flight crews'' of revisions to the AFM; and thereafter to ``operate 
the aeroplane accordingly.'' However, this AD would not specifically 
require those actions as those actions are already required by FAA 
regulations. FAA regulations require operators furnish to pilots any 
changes to the AFM (for example, 14 CFR 121.137), and to ensure the 
pilots are familiar with the AFM (for example, 14 CFR 91.505). As with 
any other flightcrew training requirement, training on the updated AFM 
content is tracked by the operators and recorded in each pilot's 
training record, which is available for the FAA to review. FAA 
regulations also require pilots to follow the procedures in the 
existing AFM including all updates. 14 CFR 91.9 requires that any 
person operating a civil aircraft must comply with the operating 
limitations specified in the AFM. Therefore, including a requirement in 
this AD to operate the airplane according to the revised AFM would be 
redundant and unnecessary. Further, compliance with such a requirement 
in an AD would be impracticable to demonstrate or track on an ongoing 
basis; therefore, a requirement to operate the airplane in such a 
manner would be unenforceable. Further, EASA AD 2023-0134 provides for 
the removal of the AFM amendment concurrently with the required 
modification.

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 2023-0134 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0134 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 2023-0134 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-
0134. Service information required by EASA AD 2023-0134 for compliance 
will be available at regulations.gov under Docket No. FAA-2023-1987 
after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 26 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2021-17-  Up to 14 work-hours            $100  Up to $1,290.......  Up to $33,540.
 02.                                x $85 per hour =
                                    Up to $1,190.
New proposed actions.............  50 work-hours x $85               0  $4,250.............  $110,500.
                                    per hour = $4,250.
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[[Page 69104]]

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 2021-17-02, Amendment 39-21685 (86 
FR 48490, August 31, 2021); and
0
b. Adding the following new Airworthiness Directive:

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2023-
1987; Project Identifier MCAI-2023-00807-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 20, 2023.

(b) Affected ADs

    This AD replaces AD 2021-17-02, Amendment 39 21685 (86 FR 48490, 
August 31, 2021) (AD 2021-17-02).

(c) Applicability

    This AD applies to all ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, and -320 airplanes, 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code: 31, 
Instruments.

(e) Unsafe Condition

    This AD was prompted by false activation of the stall warning 
system due to wiring damage on the wire bundle between an angle of 
attack (AOA) probe and the crew alerting computer, and the 
development of a wiring modification and aircraft flight manual 
(AFM) update to address the unsafe condition. The FAA is issuing 
this AD to address this condition, which could result in loss of 
control of the airplane during take-off and landing phases.

(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, EASA AD 2023-0134, dated July 5, 2023 (EASA AD 
2023-0134).

(h) Exceptions to EASA AD 2023-0134

    (1) Where EASA AD 2023-0134 refers to ``27 October 2020 [the 
effective date of EASA AD 2020-0221],'' this AD requires using 
``December 3, 2020 (the effective date of AD 2020-23-13)''.
    (2) Where EASA AD 2023-0134 refers to ``02 February 2021 [the 
effective date of EASA AD 2021-00024],'' this AD requires using 
``October 5, 2021 (the effective date of AD 2021-17-02, Amendment 
39-21330 (85 FR 73407, November 18, 2020))''.
    (3) Where paragraph (2) of EASA AD 2023-0134 refers to 
``discrepancies,'' for this AD, discrepancies include, but are not 
limited to, wire damage, missing or damaged conduits, and incorrect 
routing of wiring and conduits.
    (4) Where paragraph (2) of EASA AD 2023-0134 specifies to 
``contact ATR for approved instructions for corrective action and 
accomplish those instructions accordingly'' if discrepancies are 
detected; for this AD if any discrepancy is detected, the 
discrepancy must be repaired before further flight 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.
    (5) Paragraphs (4), (5), and (6) of EASA AD 2023-0134 specify 
amending ``the applicable AFM [aircraft flight manual] of that 
aeroplane by inserting the AFM change provided in Appendix 1 of this 
[EASA] AD,'' however this AD requires amending ``the existing AFM 
and applicable corresponding operational procedures to incorporate 
the limitations and procedures specified in Appendix 1 of EASA AD 
2023-0134.''
    (6) Where paragraphs (4) and (5) of EASA AD 2023-0134 specify to 
``inform all flight crews, and, thereafter, operate the aeroplane 
accordingly,'' this AD does not require those actions as those 
actions are already required by existing FAA operating regulations 
(see 14 CFR 91.9, 91.505, and 121.137).
    (7) Where EASA AD 2023-0134 refers to its effective date, this 
AD requires using the effective date of this AD.
    (8) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0134.

(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 manager of the 
International Validation Branch, mail it to the address identified 
in paragraph (j) of this AD or email to: [email protected]. 
If mailing information, also submit information by email. 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 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; 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.

[[Page 69105]]

    (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 2023-0134, 
dated July 5, 2023 (EASA AD 2023-0134).
    (ii) [Reserved]
    (3) For EASA AD 2023-0134, 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 ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th 
Street, Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.
    (5) 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 28, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-22071 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P