[Federal Register Volume 89, Number 99 (Tuesday, May 21, 2024)]
[Proposed Rules]
[Pages 44568-44571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11002]


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 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. 89 , No. 99 / Tuesday, May 21, 2024 / 
Proposed Rules  

[[Page 44568]]



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: Supplemental notice of proposed rulemaking (SNPRM).

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

SUMMARY: The FAA is revising a notice of proposed rulemaking (NPRM) 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. This action revises the NPRM by proposing additional 
modification of the affected wiring for certain airplanes. The FAA is 
proposing this AD to address the unsafe condition on these products. 
Since these actions would impose an additional burden over those in the 
NPRM, the FAA is requesting comments on this SNPRM.

DATES: The FAA must receive comments on this SNPRM by July 5, 2024.

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 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 European Union Aviation Safety Agency (EASA) material, 
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-2023-1987.
     You may view this service information 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 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, 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 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. 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 requires, for certain airplanes, modifying the captain 
stick shaker wiring, and for all airplanes, revising the existing 
aircraft flight manual (AFM) and applicable

[[Page 44569]]

corresponding operational procedures to incorporate procedures for the 
stick pusher/shaker. AD 2021-17-02 superseded AD 2020-23-13, Amendment 
39-21330 (85 FR 73407, November 18, 2020).

Actions Since AD 2021-17-02 Was Issued

    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), to correct an unsafe condition for all ATR--
GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 
airplanes. EASA AD 2023-0134 states that final modification 
instructions of the affected wiring were developed.
    The FAA issued an NPRM to amend 14 CFR part 39 by adding an AD to 
supersede AD 2021-17-02 that would apply to all ATR--GIE Avions de 
Transport R[eacute]gional Model ATR42-200, -300, and -320 airplanes. 
The NPRM published in the Federal Register on October 5, 2023 (88 FR 
69102). In the NPRM, the FAA proposed to retain all of the requirements 
of AD 2021-17-02. The NPRM also proposed to require installing a new 
AOA power supply unit and removing the AFM amendment.

Actions Since the NPRM Was Issued

    Since the FAA issued the NPRM, EASA superseded EASA AD 2023-0134 
and issued EASA AD 2023-0191, dated November 2, 2023 (EASA AD 2023-
0191) (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 that since EASA AD 2023-0134 
was issued, the manufacturer published ATR Service Bulletin ATR42-31-
0121, Revision 2, dated September 13, 2023, which specifies additional 
wiring modification for certain airplanes.
    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.

Comments

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

Additional Changes Made to This SNPRM

    The FAA determined that the exception specified in paragraph (h)(4) 
of the proposed AD (in the NPRM) is not necessary because it would have 
required repairing all discrepancies before further flight, which is 
more restrictive than the MCAI. The FAA also determined that the 
exception specified in paragraph (h)(5) of the proposed AD (in the 
NPRM) is not necessary because it would have required amending 
``applicable corresponding operational procedures,'' which the FAA has 
determined should not be an AD requirement. The FAA has removed both 
exceptions from this proposed AD and renumbered subsequent paragraphs 
accordingly.

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 2023-0191, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2023-0191 specifies procedures for 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 (repair). EASA AD 2023-0191 also 
specifies procedures, for certain airplanes, for modifying the captain 
stick shaker wiring, and for all airplanes, revising the existing AFM 
to incorporate procedures for the stick pusher/shaker. Finally, EASA AD 
2023-0191 specifies procedures for installing the AOA power supply 
unit, removing the AFM amendment, and accomplishing additional 
modification of the affected wiring. 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 
referenced above. The FAA is issuing this SNPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.
    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 all of the requirements of AD 2021-
17-02. This proposed AD would require accomplishing the actions 
specified in EASA AD 2023-0191 described previously, except for any 
differences identified as exceptions in the regulatory text of this 
proposed AD.
    EASA AD 2023-0191 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 proposed AD would not 
specifically require those actions as those actions are already 
required by FAA regulations. FAA regulations require that 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 proposed AD to operate the airplane according to the revised AFM 
would be redundant and unnecessary.

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 2023-0191 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2023-0191 in its entirety through that incorporation, except 
for any differences identified as exceptions in the

[[Page 44570]]

regulatory text of this proposed AD. Using common terms that are the 
same as the heading of a particular section in EASA AD 2023-0191 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 2023-0191. Service information required by EASA AD 2023-0191 
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
----------------------------------------------------------------------------------------------------------------
                                                                                                 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.
----------------------------------------------------------------------------------------------------------------

    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this proposed AD.

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 July 5, 2024.

(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 additional wiring modifications and an 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, European Union Aviation Safety Agency (EASA) AD 
2023-0191, dated November 2, 2023 (EASA AD 2023-0191).

(h) Exceptions to EASA AD 2023-0191

    (1) Where EASA AD 2023-0191 refers to October 27, 2020 (the 
effective date of EASA AD 2020-0221), this AD requires using 
December 3, 2020 (the effective date of AD 2020-23-13, Amendment 39-
21330 (85 FR 73407, November 18, 2020)).
    (2) Where EASA AD 2023-0191 refers to February 2, 2021 (the 
effective date of EASA AD 2021-0024), this AD requires using October 
5, 2021 (the effective date of AD 2021-17-02).
    (3) Where paragraph (2) of EASA AD 2023-0191 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 (8) of EASA AD 2023-0191 specifies 
``accomplish the additional work as identified in'' replace that 
text with ``accomplish the additional work as identified in section 
`1--ADDITIONAL WORK.' ''
    (5) Where paragraphs (4) and (5) of EASA AD 2023-0191 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

[[Page 44571]]

by existing FAA operating regulations (see 14 CFR 91.9, 91.505, and 
121.137).
    (6) Where EASA AD 2023-0191 refers to its effective date, this 
AD requires using the effective date of this AD.
    (7) Where EASA AD 2023-0191 refers to July 19, 2023 (the 
effective date of EASA AD 2023-0134), this AD requires using the 
effective date of this AD.
    (8) This AD does not adopt the ``Remarks'' section of EASA AD 
2023-0191.

(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 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; 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 2023-0191, 
dated November 2, 2023.
    (ii) [Reserved]
    (3) For EASA material, 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) 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 at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on May 15, 2024.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2024-11002 Filed 5-20-24; 8:45 am]
BILLING CODE 4910-13-P