[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)] [Rules and Regulations] [Pages 44917-44920] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2024-11172] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2024-1298; Project Identifier MCAI-2024-00216-T; Amendment 39-22745; AD 2024-09-03] RIN 2120-AA64 Airworthiness Directives; ATR--GIE Avions de Transport R[eacute]gional Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500 and Model ATR72 airplanes. This AD was prompted by reports of heavy corrosion on one of the two lugs of the travel limiting unit (TLU) lever assembly. This AD requires repetitive inspections of the TLU lever assembly for corrosion and, depending on findings, a conductivity test and applicable corrective actions, and prohibits the installation of affected parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective June 6, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of June 6, 2024. The FAA must receive comments on this AD by July 8, 2024. [[Page 44918]] 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-2024-1298; 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 street address for Docket Operations is listed above. Material Incorporated by Reference: For 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 ad.easa.europa.eu. 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. It is also available at regulations.gov under Docket No. FAA-2024-1298. 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 data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include ``Docket No. FAA-2024-1298; Project Identifier MCAI- 2024-00216-T'' at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, 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 final rule 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 final rule. 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 AD 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 AD, 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 AD. 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 EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2024-0096, dated May 2, 2024 (EASA AD 2024-0096) (also referred to as the MCAI), to correct an unsafe condition on all ATR--GIE Avions de Transport R[eacute]gional Model ATR42-400, -500 and Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes. Model ATR42-400 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 MCAI states one of the two lugs of the TLU lever assembly was reported as having heavy corrosion. Subsequent investigation evidenced that heat treatment of that lug of the TLU lever was not correctly accomplished. This improper heat treatment leads to reduced resistance to intergranular corrosion and could result in heavy corrosion and premature failure of the TLU lever. This condition, if not detected and corrected, could result in the rudder deflection not being limited at high airplane speed, which, if combined with a large rudder pedal input, could ultimately result in loss of control of the airplane. 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-2024-1298. Related Service Information Under 1 CFR Part 51 EASA AD 2024-0096 specifies procedures for a visual inspection of affected TLU lever assemblies for corrosion, and, depending on the inspection results, repetitive inspection of the TLU lever assembly or a conductivity test and applicable corrective actions. Corrective actions depend on the conductivity test findings and include contacting the manufacturer for repair instructions and replacing the TLU lever assembly. EASA AD 2024-0096 also requires the conductivity test for all airplanes, requires reporting the inspection results to ATR--GIE Avions de Transport R[eacute]gional, and prohibits the installation of affected parts. 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 AD after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design. Requirements of This AD This AD requires accomplishing the actions specified in EASA AD 2024-0096 described previously, except for any differences identified as exceptions in the regulatory text of this 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 [[Page 44919]] requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, EASA AD 2024- 0096 is incorporated by reference in this AD. This AD requires compliance with EASA AD 2024-0096 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Using common terms that are the same as the heading of a particular section in EASA AD 2024-0096 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 2024-0096. Service information required by EASA AD 2024-0096 for compliance will be available at regulations.gov under Docket No. FAA- 2024-1298 after this AD is published. Justification for Immediate Adoption and Determination of the Effective Date Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for ``good cause,'' finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause. An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies forgoing notice and comment prior to adoption of this rule because corrosion on the TLU lever assembly, if not addressed, could result in TLU lever assembly failure and excessive rudder deflection with consequent loss of control of the airplane. In addition, the inspection must be accomplished within 30 calendar days after the effective date of this AD. Accordingly, notice and opportunity for prior public comment are impracticable and contrary to the public interest pursuant to 5 U.S.C. 553(b)(3)(B). In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days, for the same reasons the FAA found good cause to forgo notice and comment. Regulatory Flexibility Act (RFA) The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required. Costs of Compliance The FAA estimates that this AD affects 58 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD: Estimated Costs for Required Actions ---------------------------------------------------------------------------------------------------------------- Cost per Cost on U.S. Labor cost Parts cost product operators ---------------------------------------------------------------------------------------------------------------- 1.5 work-hours x $85 per hour = $128......................... $0 $128 $7,424 ---------------------------------------------------------------------------------------------------------------- Estimated Costs of On-Condition Actions ------------------------------------------------------------------------ Cost per Labor cost Parts cost product ------------------------------------------------------------------------ 1 work-hour x $85 per hour = $85...... $5,220 $5,305 ------------------------------------------------------------------------ According to the manufacturer, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. The FAA does not control warranty coverage for affected individuals. As a result, the FAA has included all known costs in the cost estimate. 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 [[Page 44920]] 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, and (2) Will not affect intrastate aviation in Alaska. 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: 2024-09-03 ATR--GIE Avions de Transport R[eacute]gional: Amendment 39-22745; Docket No. FAA-2024-1298; Project Identifier MCAI-2024- 00216-T. (a) Effective Date This airworthiness directive (AD) is effective June 6, 2024. (b) Affected ADs None. (c) Applicability This AD applies to all ATR--GIE Avions de Transport R[eacute]gional Model ATR42-500 and Model ATR72-101, -102, -201, - 202, -211, -212, and -212A airplanes. (d) Subject Air Transport Association (ATA) of America Code 27, Flight Controls. (e) Unsafe Condition This AD was prompted by heavy corrosion on one of the two lugs of the travel limiting unit (TLU) lever assembly. The FAA is issuing this AD to address corrosion of the TLU lever assembly. The unsafe condition, if not detected and corrected, could result in the rudder deflection not being limited at high airplane speed which, if combined with a large rudder pedal input, could ultimately result in loss of control of the airplane. (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 2024-0096, dated May 2, 2024 (EASA AD 2024-0096). (h) Exceptions to EASA AD 2024-0096 (1) Where EASA AD 2024-0096 refers to its effective date, this AD requires using the effective date of this AD. (2) Where paragraph (4) of EASA AD 2024-0096 specifies ``to contact ATR for repair instructions and to accomplish those instructions accordingly,'' this AD requires replacing that text with ``repair of any corrosion 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.'' (3) The service information referenced in EASA AD 2024-0096 specifies replacement of the TLU lever ``before further flight'' or ``within 6 months,'' as applicable depending on the results of the inspection and conductivity test. For this AD, the compliance time to replace the TLU lever starts from the conductivity test. (4) Replace paragraph (8) of EASA AD 2024-0096 with ``Accomplishment of the applicable actions for affected parts in accordance with ATR AOM 2024/04 Issue 1 is acceptable to comply with the requirements of paragraphs (1), (2), (3), and (4) of this AD, as applicable, for those affected parts only.'' (5) Paragraph (9) of EASA AD 2024-0096 specifies to report inspection results to ATR within a certain compliance time. For this AD, report inspection results at the applicable time specified in paragraph (h)(5)(i) or (ii) of this AD. (i) If the inspection was done on or after the effective date of this AD: Submit the report within 10 days after the inspection. (ii) If the inspection was done before the effective date of this AD: Submit the report within 10 days after the effective date of this AD. (6) This AD does not adopt the ``Remarks'' section of EASA AD 2024-0096. (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. 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 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. (3) The following service information was approved for IBR on June 6, 2024. (i) European Union Aviation Safety Agency (EASA) AD 2024-0096, dated May 2, 2024. (ii) [Reserved] (4) For EASA AD 2024-0096, 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. (5) 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. (6) 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 10, 2024. James D. Foltz, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2024-11172 Filed 5-17-24; 11:15 am] BILLING CODE 4910-13-P