AD 2020-23-13

[Federal Register Volume 85, Number 223 (Wednesday, November 18, 2020)]
[Rules and Regulations]
[Pages 73407-73410]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2020-25379]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1024; Project Identifier MCAI-2020-01401-T; 
Amendment 39-21330; AD 2020-23-13]
RIN 2120-AA64


Airworthiness Directives; ATR--GIE Avions de Transport Regional 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all 
ATR--GIE Avions de Transport Regional Airplanes Model ATR42-200, -300, 
and -320 airplanes. 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. This AD 
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, 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 becomes effective December 3, 2020.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 3, 
2020.
    The FAA must receive comments on this AD by January 4, 2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material incorporated by reference (IBR) in this AD, contact 
the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 
221 8999 000; email <a href="/cdn-cgi/l/email-protection#c38287b083a6a2b0a2eda6b6b1acb3a2eda6b6"><span class="__cf_email__" data-cfemail="97d6d3e4d7f2f6e4f6b9f2e2e5f8e7f6b9f2e2">[email&#160;protected]</span></a>; internet www.easa.europa.eu. 
You may find this IBR material on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>. You may view this IBR 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 on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for 
and locating Docket No. FAA-2020-1024.

Examining the AD Docket

    You may examine the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-2020-
1024; 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 AD, any comments received, and other information. The street 
address for Docket Operations is listed above. Comments will be 
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; phone and fax: 206-231-
3220; email: <a href="/cdn-cgi/l/email-protection#304358515842515d1e54515e5543585d515e5459705651511e575f46"><span class="__cf_email__" data-cfemail="2b58434a43594a46054f4a454e5843464a454f426b4d4a4a054c445d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Discussion

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0221, dated October 13, 2020 
(EASA AD 2020-0221) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all ATR--GIE Avions de Transport Regional Airplanes Model ATR42-
200, -300, and -320 airplanes.
    This AD was prompted by false activation of the stall warning 
system due to wiring damage on the wire bundle between an AOA probe and 
the crew alerting computer. Such activation can lead to one or a 
combination of the following events:
    <bullet> Autopilot disconnection;
    <bullet> Stick pusher activation;
    <bullet> Stick shaker activation;
    <bullet> Aural stall warning (cricket audio alert);
    <bullet> Master CAUTION light flashing amber;
    <bullet> STICK PUSHER green light ON;
    <bullet> FLT CTL amber light on CAP;
    <bullet> Stick PUSHER/SHAKER pushbutton `FAULT' amber light 
illumination;
    <bullet> Whooler Audio alert.
    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. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0221 describes procedures for a one-time detailed 
visual inspection of the wire bundles between the left- and right-hand 
AOA probes and the crew alerting computer for discrepancies (including, 
but not limited to, wire damage, missing or damaged conduits, and 
incorrect routing of wiring and conduits), and, depending on findings, 
applicable corrective actions.
    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 the State of Design Authority, 
the FAA has been notified of the unsafe condition described in the MCAI 
referenced above. The FAA is issuing this AD because the FAA evaluated 
all pertinent information and determined the unsafe condition exists 
and 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 
2020-0221 described previously, as incorporated by reference, 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 initially worked with Airbus and EASA to develop a 
process to use certain EASA ADs as the primary source of information 
for compliance

[[Page 73408]]

with requirements for corresponding FAA ADs. The FAA has since 
coordinated with other manufacturers and civil aviation authorities 
(CAAs) to use this process. As a result, EASA AD 2020-0221 is 
incorporated by reference in this final rule. This AD, therefore, 
requires compliance with EASA AD 2020-0221 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 the EASA AD 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 the 
EASA AD. Service information specified in EASA AD 2020-0221 that is 
required for compliance with EASA AD 2020-0221 is available on the 
internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating 
Docket No. FAA-2020-1024.

FAA's Justification and Determination of the Effective Date

    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 waiving notice and comment prior to adoption of this rule 
because false activation of the stall warning system could result in 
loss of control of the airplane during take-off and landing phases. In 
addition, the compliance time for the required action is shorter than 
the time necessary for the public to comment and for publication of the 
final rule. Therefore, the FAA finds good cause that notice and 
opportunity for prior public comment are impracticable. In addition, 
for the reasons stated above, the FAA finds that good cause exists for 
making this amendment effective in less than 30 days.

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed in the 
ADDRESSES section. Include ``Docket No. FAA-2020-1024; Project 
Identifier MCAI-2020-01401-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 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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, Aerospace Engineer, Large Aircraft Section, International 
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; 
phone and fax: 206-231-3220; email: <a href="/cdn-cgi/l/email-protection#cdbea5aca5bfaca0e3a9aca3a8bea5a0aca3a9a48dabacace3aaa2bb"><span class="__cf_email__" data-cfemail="37445f565f45565a1953565952445f5a5659535e7751565619505841">[email&#160;protected]</span></a>. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Interim Action

    The FAA considers this AD interim action. If final action is later 
identified, the FAA might consider further rulemaking then.

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 26 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 10 work-hours x $85 per hour = Up               $0  Up to $850................  Up to $22,100.
 to $850.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it takes about 1 work-hour per product to 
comply with the reporting requirement in this AD. The average labor 
rate is $85 per hour. Based on these figures, the FAA estimates the 
cost of reporting the inspection results on U.S. operators to be $85, 
or $85 per product.
    The FAA has received no definitive data on which to base the cost 
estimates for the on-condition actions specified in this AD.

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 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 current valid OMB control number. The control 
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in 
the Costs of Compliance section of this document and includes time for 
reviewing instructions, as well as completing and reviewing the 
collection of information. Therefore, all reporting associated with 
this AD is mandatory. Comments concerning the accuracy of this burden 
and suggestions for reducing the burden should be directed to 
Information Collection Clearance Officer, Federal Aviation 
Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.

[[Page 73409]]

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, 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.

Adoption of 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:

2020-23-13 ATR--GIE Avions de Transport Regional: Amendment 39-
21330; Docket No. FAA-2020-1024; Project Identifier MCAI-2020-01401-
T.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 3, 
2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all ATR--GIE Avions de Transport Regional 
Airplanes Model ATR42-200, -300, and -320 airplanes, certificated in 
any category.

(d) Subject

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

(e) Reason

    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. 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 2020-0221, dated October 13, 2020 (EASA AD 
2020-0221).

(h) Exceptions to EASA AD 2020-0021

    (1) Where EASA AD 2020-0221 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0221 does not apply 
to this AD.
    (3) Paragraph (3) of EASA AD 2020-0221 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)(3)(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 30 days after the inspection.
    (ii) If the inspection was done before the effective date of 
this AD: Submit the report within 30 days after the effective date 
of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
Large Aircraft Section, 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 Large Aircraft Section, International Validation Branch, send it 
to the attention of the person identified in paragraph (j) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#ccf5e18d9a9fe18d859ee1fbfffce18d81838f8caaadade2aba3ba"><span class="__cf_email__" data-cfemail="ccf5e18d9a9fe18d859ee1fbfffce18d81838f8caaadade2aba3ba">[email&#160;protected]</span></a>. 
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, Large Aircraft 
Section, International Validation Branch, FAA; or EASA; or ATA's 
EASA Design Organization Approval (DOA). If approved by the DOA, the 
approval must include the DOA-authorized signature.
    (3) Paperwork Reduction Act Burden Statement: 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 current 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 be 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 as 
required by this AD. 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.

(j) Related Information

    For more information about this AD, contact Shahram Daneshmandi, 
Aerospace Engineer, Large Aircraft Section, International Validation 
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; phone and 
fax: 206-231-3220; email: <a href="/cdn-cgi/l/email-protection#dba8b3bab3a9bab6f5bfbab5bea8b3b6bab5bfb29bbdbabaf5bcb4ad"><span class="__cf_email__" data-cfemail="d0a3b8b1b8a2b1bdfeb4b1beb5a3b8bdb1beb4b990b6b1b1feb7bfa6">[email&#160;protected]</span></a>.

(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 2020-0221, 
dated October 13, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0221, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#c08184b380a5a1b3a1eea5b5b2afb0a1eea5b5"><span class="__cf_email__" data-cfemail="56171225163337253778332324392637783323">[email&#160;protected]</span></a>; internet www.easa.europa.eu. You may find this 
EASA AD on the EASA website at <a href="https://ad.easa.europa.eu">https://ad.easa.europa.eu</a>.
    (4) 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

[[Page 73410]]

availability of this material at the FAA, call 206-231-3195. This 
material may be found in the AD docket on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching for and locating Docket No. FAA-
2020-1024.
    (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 
<a href="/cdn-cgi/l/email-protection#523437362037357c3e3735333e123c3320337c353d24"><span class="__cf_email__" data-cfemail="96f0f3f2e4f3f1b8faf3f1f7fad6f8f7e4f7b8f1f9e0">[email&#160;protected]</span></a>, or go to: <a href="https://www.archives.gov/federal-register/cfr/ibr-locations.html">https://www.archives.gov/federal-register/cfr/ibr-locations.html</a>.

    Issued on November 6, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2020-25379 Filed 11-17-20; 8:45 am]
BILLING CODE 4910-13-P