Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes

[Federal Register Volume 87, Number 242 (Monday, December 19, 2022)]
[Rules and Regulations]
[Pages 77491-77493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27405]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0395; Project Identifier MCAI-2021-01048-T; 
Amendment 39-22272; AD 2022-25-16]
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 superseding Airworthiness Directive (AD) 2018-18-
05, which applied to certain ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, and -320 airplanes; and AD 2020-
09-16, which applied to all ATR-GIE Avions de Transport R[eacute]gional 
Model ATR42-200, -300, and -320 airplanes. AD 2018-18-05 and AD 2020-
09-16 required revising the existing maintenance or inspection program, 
as applicable, to incorporate new or more restrictive airworthiness 
limitations. This AD is prompted by a determination that additional new 
or more restrictive airworthiness limitations are necessary. This AD 
retains the requirements of AD 2020-09-16. This AD also requires 
revising the existing maintenance or inspection program, as applicable, 
to incorporate additional new or more restrictive maintenance 
requirements and airworthiness limitations, 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 January 23, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publications listed in this AD as of January 23, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of June 
22, 2020 (85 FR 29596, May 18, 2020).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0395; 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:
    <bullet> For 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.
    <bullet> 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 by searching for and locating Docket No. FAA-2022-0395.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2018-18-05, Amendment 39-19384 (83 FR 
44463, August 31, 2018) (AD 2018-18-05), which applied to certain ATR-
GIE Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 
airplanes; and AD 2020-09-16, Amendment 39-19912 (85 FR 29596, May 18, 
2020) (AD 2020-09-16), which applied to all ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD 2018-18-
05 and AD 2020-09-16 required revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive airworthiness limitations. AD 2020-09-16 also specified 
that accomplishing the maintenance or inspection program revision 
required by paragraph (g) of that AD terminates the requirements of AD 
2018-18-05. The FAA issued AD 2018-18-05 and AD 2020-09-16 to prevent 
reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on April 6, 2022 (87 FR 
19818). The NPRM was prompted by AD 2021-0211, dated September 17, 
2021, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2021-0211) to correct an unsafe 
condition.
    In the NPRM, the FAA proposed to retain the requirements of AD 
2020-09-16. The NPRM also proposed to require revising the existing 
maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2021-0211.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 to supersede AD 2018-18-05 and AD 2020-09-16. 
The SNPRM published in the Federal Register on September 23, 2022 (87 
FR 58038) (the SNPRM). The SNPRM was prompted by a determination that 
additional new or more restrictive airworthiness limitations are 
necessary; these limitations are specified in EASA AD 2022-0062, dated 
April 8, 2022 (EASA AD 2022-0062) (also referred to as the MCAI), which 
superseded EASA AD 2021-0211. In the SNPRM, the FAA proposed to retain 
the requirements of AD 2020-09-16. The SNPRM also proposed to require 
revising the existing maintenance or inspection program, as applicable, 
to incorporate additional new or more restrictive maintenance 
requirements and airworthiness limitations, as specified in EASA AD 
2022-0062. The FAA is issuing this AD to prevent reduced structural 
integrity of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0395.

[[Page 77492]]

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from the Air Line Pilots Association, 
International (ALPA), who supported the SNPRM 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 the 
AD as proposed. Accordingly, the FAA is issuing this AD to address the 
unsafe condition on this product. This AD is adopted as proposed in the 
SNPRM.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0062 describes new or more restrictive maintenance 
tasks and airworthiness limitations for airplane structures and 
components.
    This AD also requires EASA AD 2019-0256, dated October 17, 2019, 
which the Director of the Federal Register approved for incorporation 
by reference as of June 22, 2020 (85 FR 29596, May 18, 2020).
    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.

Costs of Compliance

    The FAA estimates that this AD affects 26 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained 
actions from AD 2020-09-16 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the existing maintenance or 
inspection program takes an average of 90 work-hours per operator, 
although the agency recognizes that this number may vary from operator 
to operator. Since operators incorporate maintenance or inspection 
program changes for their affected fleet(s), the FAA has determined 
that a per-operator estimate is more accurate than a per-airplane 
estimate.
    The FAA estimates the total cost per operator for the new actions 
to be $7,650 (90 work-hours x $85 per work-hour).

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 has determined that 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:
0
a. Removing Airworthiness Directive 2018-18-05, Amendment 39-19384 (83 
FR 44463, August 31, 2018); and AD 2020-09-16, Amendment 39-19912 (85 
FR 29596, May 18, 2020); and
0
b. Adding the following new airworthiness directive:

2022-25-16 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-22272; Docket No. FAA-2022-0395; Project Identifier MCAI-2021-
01048-T

(a) Effective Date

    This airworthiness directive (AD) is effective January 23, 2023.

(b) Affected ADs

    This AD replaces AD 2018-18-05, Amendment 39-19384 (83 FR 44463, 
August 31, 2018) (AD 2018-18-05); and AD 2020-09-16, Amendment 39-
19912 (85 FR 29596, May 18, 2020) (AD 2020-09-16).

(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 05, Time Limits/
Maintenance Checks.

(e) Unsafe Condition

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to prevent reduced structural integrity of the 
airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Revision of the Existing Maintenance or Inspection 
Program, With New Terminating Action

    This paragraph restates the requirements of paragraph (g) of AD 
2020-09-16, with a new terminating action. 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 2019-0256, dated October 17, 
2019 (EASA AD 2019-0256). Accomplishing the revision of the existing 
maintenance or inspection program required by paragraph (j) of this 
AD terminates the requirements of this paragraph.

(h) Retained Exceptions to EASA AD 2019-0256, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(h) of AD 2020-09-16, with no changes.
    (1) The requirements specified in paragraphs (1) and (3) of EASA 
AD 2019-0256 do not apply to this AD.
    (2) Where paragraph (2) of EASA AD 2019-0256 refers to its 
effective date, this AD requires using June 22, 2020 (the effective 
date of AD 2020-09-16).
    (3) Paragraph (4) of EASA AD 2019-0256 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but

[[Page 77493]]

this AD requires revising the existing maintenance or inspection 
program, as applicable, to incorporate the ``limitations, tasks and 
associated thresholds and intervals'' specified in paragraph (4) of 
EASA AD 2019-0256 within 90 days after June 22, 2020 (the effective 
date of AD 2020-09-16).
    (4) The initial compliance time for doing the tasks specified in 
paragraph (4) of EASA AD 2019-0256 is at the applicable ``associated 
thresholds'' specified in paragraph (4) of EASA AD 2019-0256, or 
within 90 days after June 22, 2020 (the effective date of AD 2020-
09-16), whichever occurs later.
    (5) The provisions specified in paragraphs (5) and (6) of EASA 
AD 2019-0256 do not apply to this AD.
    (6) This AD does not adopt the ``Remarks'' section of EASA AD 
2019-0256.

(i) Retained Restrictions on Alternative Actions, Intervals, and 
Critical Design Configuration Control Limitations (CDCCLs), With New 
Exception

    This paragraph restates the requirements of paragraph (i) of AD 
2020-09-16, with a new exception. Except as required by paragraph 
(j) of this AD, after the existing maintenance or inspection program 
has been revised as required by paragraph (g) of this AD, no 
alternative actions (e.g., inspections), intervals, and CDCCLs are 
allowed unless they are approved as specified in the provisions of 
the ``Ref. Publications'' section of EASA AD 2019-0256.

(j) New Revision of the Existing Maintenance or Inspection Program

    Except as specified in paragraph (k) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0062, dated April 8, 2022 (EASA AD 
2022-0062). Accomplishing the revision of the existing maintenance 
or inspection program required by this paragraph terminates the 
requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2022-0062

    (1) The requirements specified in paragraph (1) and (2) of EASA 
AD 2022-0062 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0062 specifies revising ``the 
approved AMP'' within 12 months after its effective date, but this 
AD requires revising the existing maintenance or inspection program, 
as applicable, within 90 days after the effective date of this AD.
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA AD 2022-0062 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0062, or within 90 
days after the effective date of this AD, whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2022-0062 do not apply to this AD.
    (5) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0062.

(l) New Provisions for Alternative Actions, Intervals, and CDCCLs

    After the existing maintenance or inspection program has been 
revised as required by paragraph (j) of this AD, no alternative 
actions (e.g., inspections), intervals, and CDCCLs are allowed 
unless they are approved as specified in the provisions of the 
``Ref. Publications'' section of EASA AD 2022-0062.

(m) 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 (n) 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.

(n) 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].

(o) 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 the AD specifies otherwise.
    (3) The following service information was approved for IBR on 
January 23, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0062, 
dated April 8, 2022 (EASA AD 2022-0062).
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
June 22, 2020 (85 FR 29596, May 18, 2020).
    (i) EASA AD 2019-0256, dated October 17, 2019.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0062 and 2019-0256, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]; website easa.europa.eu. You may find these 
EASA ADs on the EASA website at ad.easa.europa.eu.
    (6) You may view this service information at 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.
    (7) 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 December 1, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-27405 Filed 12-16-22; 8:45 am]
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