Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes

[Federal Register Volume 88, Number 25 (Tuesday, February 7, 2023)]
[Rules and Regulations]
[Pages 7867-7869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02528]



[[Page 7867]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0396; Project Identifier MCAI-2021-01050-T; 
Amendment 39-22315; AD 2023-02-08]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2021-09-
13, which applied to certain ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-500 airplanes. AD 2021-09-13 required 
revising the existing maintenance or inspection program, as applicable, 
to incorporate new or more restrictive airworthiness limitations. This 
AD was prompted by a determination that additional new or more 
restrictive airworthiness limitations are necessary. This AD retains 
the requirement of AD 2021-09-13. This AD also requires revising the 
existing maintenance or inspection program, as applicable, to 
incorporate new or more restrictive 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 March 14, 2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 14, 
2023.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of June 
23, 2021 (86 FR 27031, May 19, 2021).

ADDRESSES: 
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0396; 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]. You may find this material on the 
EASA website at ad.easa.europa.eu.
    <bullet> You may view this service information 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 at 
regulations.gov under Docket No. FAA-2022-0396.

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 2021-09-13, Amendment 39-21527 (86 FR 
27031, May 19, 2021) (AD 2021-09-13) (which corresponds to EASA AD 
2020-0263, dated December 1, 2020). AD 2021-09-13 applied to certain 
ATR-GIE Avions de Transport R[eacute]gional Model ATR42-500 airplanes. 
AD 2021-09-13 required revising the existing maintenance or inspection 
program, as applicable, to incorporate new or more restrictive 
airworthiness limitations. The FAA issued AD 2021-09-13 to prevent 
reduced structural integrity of the airplane.
    The NPRM published in the Federal Register on April 8, 2022 (87 FR 
20783). The NPRM was prompted by AD 2021-0212, dated September 17, 
2021, issued by EASA, which is the Technical Agent for the Member 
States of the European Union (EASA AD 2021-0212) to correct an unsafe 
condition.
    In the NPRM, the FAA proposed to retain the requirements of AD 
2021-09-13. 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 
2021-0212.
    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 to supersede AD 2021-09-13. The SNPRM published 
in the Federal Register on November 10, 2022 (87 FR 67842) (the SNPRM). 
The SNPRM was prompted by a determination that additional new or more 
restrictive airworthiness limitations are necessary; EASA superseded 
EASA AD 2021-0212 and issued EASA AD 2022-0063, dated April 8, 2022 
(EASA AD 2022-0063). EASA AD 2022-0063 was issued because ATR-GIE 
Avions de Transport published Revision 16 of the ATR 42-400/-500 Time 
Limits Document (TLD), which included new or more restrictive 
maintenance tasks and airworthiness limitations. EASA subsequently 
superseded EASA AD 2022-0063 and issued EASA AD 2022-0200, dated 
September 26, 2022 (EASA AD 2022-0200) (also referred to after this as 
the MCAI). EASA AD 2022-0200 states that since EASA AD 2022-0063 was 
issued, ATR-GIE Avions de Transport published Revision 17 of the ATR 
42-400/-500 TLD, which includes new or more restrictive maintenance 
tasks and airworthiness limitations. In the SNPRM, the FAA proposed to 
retain the requirements of AD 2021-09-13. The SNPRM also proposed to 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new and/or more restrictive airworthiness 
limitations, as specified in EASA AD 2022-0200. 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-2022-0396.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the SNPRM or on the determination 
of the cost to the public.

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, 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 SNPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0200 describes new or more restrictive maintenance 
tasks and airworthiness limitations for

[[Page 7868]]

airplane structures and for safe life limits of the components.
    This AD also requires EASA AD 2020-0263, dated December 1, 2020, 
which the Director of the Federal Register approved for incorporation 
by reference as of June 23, 2021 (86 FR 27031, May 19, 2021).
    This service information 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 9 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 2021-09-13 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 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 2021-09-13, Amendment 39-21527 (86 
FR 27031, May 19, 2021); and
0
b. Adding the following new airworthiness directive:

2023-02-08 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-22315; Docket No. FAA-2022-0396; Project Identifier MCAI-2021-
01050-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 14, 2023.

(b) Affected ADs

    This AD replaces AD 2021-09-13, Amendment 39-21527 (86 FR 27031, 
May 19, 2021) (AD 2021-09-13).

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR42-500 airplanes, certificated in any category, with an 
original airworthiness certificate or original export certificate of 
airworthiness issued on or before July 29, 2022.

(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 a New Terminating Action

    This paragraph restates the requirements of paragraph (j) of AD 
2021-09-13, with a new terminating action. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness dated on or before July 7, 2020: 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 2020-0263, dated December 1, 
2020 (EASA AD 2020-0263). 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 2020-0263, With No Changes

    This paragraph restates the exceptions specified in paragraph 
(k) of AD 2021-09-13, with no changes. For airplanes with an 
original airworthiness certificate or original export certificate of 
airworthiness dated on or before July 7, 2020, the following 
exceptions apply:
    (1) The requirements specified in paragraphs (1) and (2) of EASA 
AD 2020-0263 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2020-0263 specifies revising ``the 
approved AMP [Aircraft Maintenance Program]'' within 12 months after 
its effective date, but this AD requires revising the existing 
maintenance or inspection program, as applicable, within 90 days 
after June 23, 2021 (the effective date of AD 2021-09-13).
    (3) The initial compliance time for doing the tasks specified in 
paragraph (3) of EASA 2020-0263 is at the applicable ``thresholds'' 
as incorporated by the requirements of paragraph (3) of EASA AD 
2020-0263, or within 90 days after June 23, 2021 (the effective date 
of AD 2021-09-13), whichever occurs later.
    (4) The provisions specified in paragraphs (4) and (5) of EASA 
AD 2020-0263 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2020-0263 does not apply 
to this AD.

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

    This paragraph restates the requirements of paragraph (l) of AD 
2021-09-13, with a new exception. Except as required by paragraph 
(j) of this AD, after the 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

[[Page 7869]]

provisions of the ``Ref. Publications'' section of EASA AD 2020-
0263.

(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 2022-0200, dated September 26, 2022 (EASA 
AD 2022-0200). 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 2022-0200

    (1) The requirements specified in paragraph (1) and (2) of EASA 
AD 2022-0200 do not apply to this AD.
    (2) Paragraph (3) of EASA AD 2022-0200 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 2022-0200 is at the applicable 
``limitations'' and ``associated thresholds'' as incorporated by the 
requirements of paragraph (3) of EASA AD 2022-0200, 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 2022-0200 do not apply to this AD.
    (5) The ``Remarks'' section of EASA AD 2022-0200 does not apply 
to this AD.

(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 2022-0200.

(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 this AD specifies otherwise.
    (3) The following service information was approved for IBR on 
March 14, 2023.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0200, 
dated September 26, 2022.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
June 23, 2021 (86 FR 27031, May 19, 2021).
    (i) EASA AD 2020-0263, dated December 1, 2020.
    (ii) [Reserved]
    (5) For EASA ADs 2022-0200 and 2020-0263, contact EASA, Konrad-
Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; 
email [email protected]. You may find these EASA ADs on the EASA 
website at ad.easa.europa.eu.
    (6) You may view this service information 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.
    (7) You may view this service information 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 January 20, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-02528 Filed 2-6-23; 8:45 am]
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