AD 2021-03-03

[Federal Register Volume 86, Number 35 (Wednesday, February 24, 2021)]
[Rules and Regulations]
[Pages 11103-11106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-03599]



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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0972; Project Identifier MCAI-2020-01091-T; 
Amendment 39-21406; AD 2021-03-03]
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 Directives (AD) 2000-23-
26, AD 2018-14-11, and AD 2019-13-04, which applied to ATR-GIE Avions 
de Transport R[eacute]gional Model ATR72 airplanes. AD 2019-13-04 
required revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive maintenance 
instructions and airworthiness limitations. This AD 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. This AD was prompted by a determination 
that new or more restrictive airworthiness limitations are necessary. 
The FAA is issuing this AD to address the unsafe condition on these 
products.

DATES: This AD is effective March 31, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of March 31, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain other publication listed in this AD as of August 
26, 2019 (84 FR 35028, July 22, 2019).

ADDRESSES: For the EASA material identified in this AD that will be 
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer 
3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#86c7c2f5c6e3e7f5e7a8e3f3f4e9f6e7a8e3f3"><span class="__cf_email__" data-cfemail="d9989daa99bcb8aab8f7bcacabb6a9b8f7bcac">[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>.
    For the ATR service information identified in this AD, contact ATR-
GIE Avions de Transport R[eacute]gional, 1 All[eacute]e Pierre Nadot, 
31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 
(0) 5 62 21 67 18; email <a href="/cdn-cgi/l/email-protection#7c1f1312081512091918521d150e0b130e08141512190f0f3c1d080e51401d5c140e191a41" http: aircraft.com">aircraft.com</a>">continued.airworthiness@atr-<a href="http://aircraft.com">aircraft.com</a></a>; 
internet https://www.atr-<a href="http://aircraft.com">aircraft.com</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-2020-0972.

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-
0972; 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, 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.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, Large Aircraft Section, International Validation Branch, FAA, 
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3220; email <a href="/cdn-cgi/l/email-protection#17647f767f65767a3973767972647f7a7679737e5771767639707861"><span class="__cf_email__" data-cfemail="afdcc7cec7ddcec281cbcec1cadcc7c2cec1cbc6efc9cece81c8c0d9">[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 2020-0173, dated August 5, 2020 
(EASA AD 2020-0173) (also referred to as the Mandatory Continuing 
Airworthiness Information, or ``the MCAI''), to correct an unsafe 
condition for all ATR-GIE Avions de Transport R[eacute]gional Model 
ATR72 airplanes.
    Airplanes with an original airworthiness certificate or original 
export certificate of airworthiness issued after December 12, 2019 must 
comply with the airworthiness limitations specified as part of the 
approved type design and referenced on the type certificate data sheet; 
this AD therefore does not include those airplanes in the 
applicability.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 to supersede AD 2019-13-04, Amendment 39-19677 (84 FR 
35028, July 22, 2019) (AD 2019-13-04). AD 2019-13-04 applied to certain 
ATR-GIE Avions de Transport R[eacute]gional Model ATR72 airplanes. The 
NPRM published in the Federal Register on November 2, 2020 (85 FR 
69272). The NPRM was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The NPRM proposed 
to require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive airworthiness 
limitations, as specified in an EASA AD.
    The FAA is issuing this AD to address fatigue cracking and damage 
in principal structural elements, which could result in reduced 
structural integrity of the airplane. See the MCAI for additional 
background information.

Comments

    The FAA gave the public the opportunity to participate in 
developing this final rule. The FAA received no comments on the NPRM or 
on the determination of the cost to the public.

Clarification of Affected Airplanes

    The applicability of the proposed AD identified the affected 
airplanes as Model ATR72 airplanes. The FAA has revised the 
applicability of this AD to identify model designations as published in 
the most recent type certificate data sheet for the affected models. 
For ATR72 airplanes, the type certificate data sheet designations are 
as follows: Model ATR72-101, -102, -201, -202, -211, -212, and -212A 
airplanes.

Conclusion

    The FAA reviewed the relevant data and determined that air safety 
and the public interest require adopting this final rule with the 
change described previously and minor editorial changes. The FAA has 
determined that these minor changes:
    <bullet> Are consistent with the intent that was proposed in the 
NPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    The FAA also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this final 
rule.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0173 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires ATR ATR72 Time Limits Document, Revision 16, 
dated January 30, 2018, which the Director of the Federal Register

[[Page 11104]]

approved for incorporation by reference as of August 26, 2019 (84 FR 
35028, July 22, 2019).
    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.

Costs of Compliance

    The FAA estimates that this AD affects 23 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 2019-13-04 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. In the past, the agency has estimated that this action 
takes 1 work-hour per airplane. 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

    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.

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:
0
a. Removing Airworthiness Directive (AD) 2000-23-26, Amendment 39-11999 
(65 FR 70775, November 28, 2000); AD 2018-14-11, Amendment 39-19331 (83 
FR 34031, July 19, 2018); and AD 2019-13-04, Amendment 39-19677 (84 FR 
35028, July 22, 2019); and
0
b. Adding the following new AD:

2021-03-03 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-21406; Docket No. FAA-2020-0972; Project Identifier MCAI-2020-
01091-T.

(a) Effective Date

    This airworthiness directive (AD) is effective March 31, 2021.

(b) Affected ADs

    (1) This AD replaces AD 2000-23-26, Amendment 39-11999 (65 FR 
70775, November 28, 2000) (AD 2000-23-26).
    (2) This AD replaces AD 2018-14-11, Amendment 39-19331 (83 FR 
34031, July 19, 2018) (AD 2018-14-11).
    (3) This AD replaces AD 2019-13-04, Amendment 39-19677 (84 FR 
35028, July 22, 2019) (AD 2019-13-04).

(c) Applicability

    This AD applies to ATR-GIE Avions de Transport R[eacute]gional 
Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes, 
certificated in any category, with an original airworthiness 
certificate or original export certificate of airworthiness issued 
on or before December 12, 2019.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive airworthiness limitations are necessary. The FAA is 
issuing this AD to address fatigue cracking and damage in principal 
structural elements, which could result in reduced structural 
integrity of the airplane.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With No 
Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2019-13-04, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before January 30, 2018: Within 90 days 
after August 26, 2019 (the effective date of AD 2019-13-04), revise 
the existing maintenance or inspection program, as applicable, to 
incorporate the information specified in ATR ATR72 Time Limits 
Document, Revision 16, dated January 30, 2018. The initial 
compliance time for doing the tasks is at the time specified in ATR 
ATR72 Time Limits Document, Revision 16, dated January 30, 2018, or 
within 90 days after August 26, 2019, whichever occurs later, except 
as provided by paragraphs (h) and (i) of this AD.

(h) Retained Initial Compliance Times for Certain Tasks, With No 
Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2019-13-04, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before January 30, 2018: For 
accomplishing airworthiness limitations (AWL) and certification 
maintenance requirement (CMR)/maintenance significant item (MSI) 
tasks identified in figure 1 to paragraph (h) of this AD, the 
initial compliance time is at the applicable time specified in the 
airworthiness limitations section (ALS) of the ATR ATR72 Time Limits 
Document, Revision 16, dated January 30, 2018, or at the applicable 
compliance time in figure 1 to paragraph (h) of this AD, whichever 
occurs later.

[[Page 11105]]

[GRAPHIC] [TIFF OMITTED] TR24FE21.004

(i) Retained Initial Compliance Time: One-Time Initial Threshold, With 
No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2019-13-04, with no changes. For airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued on or before January 30, 2018: For CMR task 
220000-5, a one-time initial threshold, as specified in ATR ATR72 
Time Limits Document, Revision 16, dated January 30, 2018, is 
allowed as specified in figure 2 to paragraph (i) of this AD.
[GRAPHIC] [TIFF OMITTED] TR24FE21.005

(j) Retained Restrictions on Alternative Actions and Intervals With a 
New Exception

    This paragraph restates the requirements of paragraph (j) of AD 
2019-13-04, with a new exception. Except as required by paragraph 
(k) 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) and intervals may be used 
unless the actions and intervals are approved as an alternative 
method of compliance (AMOC) in accordance with the procedures 
specified in paragraph (n)(1) of this AD.

(k) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (l) of this AD: Comply with all 
required actions and compliance times specified in, and in 
accordance with, European Union Aviation Safety Agency (EASA) AD 
2020-0173, dated August 5, 2020 (EASA AD 2020-0173). Accomplishing 
the maintenance or inspection program revision required by this 
paragraph terminates the requirements of paragraph (g) of this AD.

(l) Exceptions to EASA AD 2020-0173

    (1) Where EASA AD 2020-0173 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The requirements specified in paragraphs (1) and (3) of EASA 
AD 2020-0173 do not apply to this AD.
    (3) Paragraph (4) of EASA AD 2020-0173 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, to incorporate the ``limitations, tasks and 
associated thresholds and intervals'' specified in paragraph (4) of 
EASA AD 2020-0173 within 90 days after the effective date of this 
AD.
    (4) Except as provided by paragraph (2) of EASA AD 2020-0173, 
the initial compliance time for doing the tasks specified in 
paragraph (4) of EASA AD 2020-0173 is at the applicable ``associated 
thresholds'' specified in paragraph (4) of EASA AD 2020-0173, or 
within 90 days after the effective date of this AD, whichever occurs 
later.
    (5) Where table 1 of EASA AD 2020-0173 specifies a compliance 
time of ``without exceeding the previous threshold and interval as 
specified in TLD [Time Limits Document] Revision 16'' for this AD 
use ``without exceeding the compliance times specified in paragraph 
(g) of this AD.''
    (6) The provisions specified in paragraphs (5) and (6) of EASA 
AD 2020-0173 do not apply to this AD.
    (7) The ``Remarks'' section of EASA AD 2020-0173 does not apply 
to this AD.

(m) New Provisions for Alternative Actions and Intervals

    After the maintenance or inspection program has been revised as 
required by paragraph (k) of this AD, no alternative actions (e.g., 
inspections) or intervals, are allowed unless they are approved as 
specified in the provisions of the ``Ref. Publications'' section of 
EASA AD 2020-0173.

(n) 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 local Flight 
Standards District 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 (o) of this AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#8ab3a7cbdcd9a7cbc3d8a7bdb9baa7cbc7c5c9caecebeba4ede5fc"><span class="__cf_email__" data-cfemail="cff6e28e999ce28e869de2f8fcffe28e82808c8fa9aeaee1a8a0b9">[email&#160;protected]</span></a>. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district 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 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.

(o) 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; telephone 
and fax 206-231-3220; email <a href="/cdn-cgi/l/email-protection#c2b1aaa3aab0a3afeca6a3aca7b1aaafa3aca6ab82a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="e5968d848d978488cb81848b80968d88848b818ca5838484cb828a93">[email&#160;protected]</span></a>.

[[Page 11106]]

(p) 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 31, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0173, 
dated August 5, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
August 26, 2019 (84 FR 35028, July 22, 2019).
    (i) ATR ATR72 Time Limits Document, Revision 16, dated January 
30, 2018.
    (ii) [Reserved]
    (5) For EASA AD 2020-0173, contact the EASA, Konrad-Adenauer-
Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#7e3f3a0d3e1b1f0d1f501b0b0c110e1f501b0b"><span class="__cf_email__" data-cfemail="68292c1b280d091b09460d1d1a071809460d1d">[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>.
    (6) For ATR service information identified in this AD, contact 
ATR-GIE Avions de Transport R[eacute]gional, 1 All[eacute]e Pierre 
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; 
fax +33 (0) 5 62 21 67 18; email <a href="/cdn-cgi/l/email-protection#bcdfd3d2c8d5d2c9d9d892ddd5cecbd3cec8d4d5d2d9cfcffcddc8ce9180dd9cd4ced9da81" http: aircraft.com">aircraft.com</a>">continued.airworthiness@atr-<a href="http://aircraft.com">aircraft.com</a></a>; internet https://www.atr-<a href="http://aircraft.com">aircraft.com</a>.
    (7) 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. 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-2020-0972.
    (8) 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#543231302631337a3831333538143a3526357a333b22"><span class="__cf_email__" data-cfemail="6f090a0b1d0a0841030a080e032f010e1d0e41080019">[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 January 22, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-03599 Filed 2-23-21; 8:45 am]
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