AD 2021-07-04

[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Rules and Regulations]
[Pages 17502-17504]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-06899]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1112; Project Identifier MCAI-2020-01127-T; 
Amendment 39-21481; AD 2021-07-04]
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 adopting a new airworthiness directive (AD) for all 
ATR-GIE Avions de Transport R[eacute]gional Model ATR42 airplanes and 
Model ATR72 airplanes. This AD was prompted by in-service data, which 
revealed that the minimum operating airspeeds in severe icing 
conditions, computed to provide adequate stall margins, do not provide 
sufficient margins to stall speeds at high bank angle while exiting 
severe icing conditions. This AD requires revising the existing 
aircraft flight manual (AFM) and applicable corresponding operational 
procedures to provide emergency procedures and limitations for 
operating in severe icing conditions, 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 May 10, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of May 10, 
2021.

ADDRESSES: For material incorporated by reference (IBR) in this AD, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email <a href="/cdn-cgi/l/email-protection#b4f5f0c7f4d1d5c7d59ad1c1c6dbc4d59ad1c1"><span class="__cf_email__" data-cfemail="7d3c390e3d181c0e1c5318080f120d1c531808">[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-2020-1112.

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-
1112; 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

[[Page 17503]]

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#ff8c979e978d9e92d19b9e919a8c97929e919b96bf999e9ed1989089"><span class="__cf_email__" data-cfemail="9eedf6fff6ecfff3b0fafff0fbedf6f3fff0faf7def8ffffb0f9f1e8">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0177, dated August 11, 2020 
(EASA AD 2020-0177) (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 ATR42-200, -
300, -320, -400, and -500 airplanes; and Model ATR72 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 FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to all ATR-GIE Avions de 
Transport R[eacute]gional Model ATR42-200, -300, -320, and -500 
airplanes; and Model ATR72-101, -102, -201, -202, -211, -212, and -212A 
airplanes. The NPRM published in the Federal Register on December 8, 
2020 (85 FR 78974). The NPRM was prompted by in-service data, which 
revealed that the minimum operating airspeeds in severe icing 
conditions, computed to provide adequate stall margins, do not provide 
sufficient margins to stall speeds at high bank angle while exiting 
severe icing conditions. The NPRM proposed to require revising the 
existing AFM and applicable corresponding operational procedures to 
provide emergency procedures and limitations for operating in severe 
icing conditions, as specified in EASA AD 2020-0177.
    The FAA is issuing this AD to address airplane stalling due to 
inadvertent exposure to severe icing conditions, which could result in 
loss of control 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 has considered the comment 
received. The Air Line Pilots Association, International (ALPA) stated 
that it supports the NPRM.

Conclusion

    The FAA reviewed the relevant data, considered the comment 
received, and determined that air safety and the public interest 
require adopting this final rule as proposed, except for 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.

Related Service Information Under 1 CFR Part 51

    EASA AD 2020-0177 specifies procedures for revising the AFM to 
provide emergency procedures and limitations for operating in severe 
icing conditions. 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 59 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
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                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
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1 work-hour x $85 per hour = $85.............................              $0              $85           $5,015
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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 adding the following new airworthiness 
directive:

2021-07-04 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-21481; Docket No. FAA-2020-1112; Project Identifier MCAI-2020-
01127-T.

(a) Effective Date

    This airworthiness directive (AD) is effective May 10, 2021.

[[Page 17504]]

(b) Affected ADs

    (1) This AD affects AD 96-09-28, Amendment 39-9604 (61 FR 20646, 
May 7, 1996) (AD 96-09-28).
    (2) This AD affects AD 99-09-19, Amendment 39-11152 (64 FR 
23766, May 4, 1999) (AD 99-09-19).

(c) Applicability

    This AD applies to all ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, -320, and -500 airplanes; and 
Model ATR72-101, -102, -201, -202, -211, -212, and -212A airplanes; 
certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 30, Ice and Rain 
Protection.

(e) Reason

    This AD was prompted by in-service data, which revealed that the 
minimum operating airspeeds in severe icing conditions, computed to 
provide adequate stall margins, do not provide sufficient margins to 
stall speeds at high bank angle while exiting severe icing 
conditions. The FAA is issuing this AD to address airplane stalling 
due to inadvertent exposure to severe icing conditions, which could 
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 
2020-0177, dated August 11, 2020 (EASA AD 2020-0177).

(h) Exceptions to EASA AD 2020-0177

    (1) Where EASA AD 2020-0177 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2020-0177 does not apply 
to this AD.
    (3) Paragraph (1) of EASA AD 2020-0177 specifies amending ``the 
AFM [aircraft flight manual] with the data as specified in Table 
1,'' but this AD requires amending ``the existing AFM and applicable 
corresponding operational procedures to incorporate the limitations 
and procedures specified in Table 1 of EASA AD 2020-0177.''
    (4) The provisions specified in paragraphs (3) and (4) of EASA 
AD 2020-0177 do not apply to this AD.

(i) Terminating Action for ADs 96-09-28 and 99-09-19

    (1) Accomplishing the actions required by this AD terminates the 
requirements of paragraphs (a)(1) and (2) of AD 96-09-28 for that 
airplane.
    (2) Accomplishing the actions required by this AD terminates all 
requirements of AD 99-09-19 for that airplane.

(j) 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 (k) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#231a0e6275700e626a710e1410130e626e6c60634542420d444c55"><span class="__cf_email__" data-cfemail="aa9387ebfcf987ebe3f8879d999a87ebe7e5e9eacccbcb84cdc5dc">[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 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.

(k) 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#d3a0bbb2bba1b2befdb7b2bdb6a0bbbeb2bdb7ba93b5b2b2fdb4bca5"><span class="__cf_email__" data-cfemail="53203b323b21323e7d37323d36203b3e323d373a133532327d343c25">[email&#160;protected]</span></a>.

(l) 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 2020-0177, 
dated August 11, 2020.
    (ii) [Reserved]
    (3) For EASA AD 2020-0177, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#2465605764414557450a4151564b54450a4151"><span class="__cf_email__" data-cfemail="a7e6e3d4e7c2c6d4c689c2d2d5c8d7c689c2d2">[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 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-2020-1112.
    (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#0b6d6e6f796e6c25676e6c6a674b656a796a256c647d"><span class="__cf_email__" data-cfemail="badcdfdec8dfdd94d6dfdddbd6fad4dbc8db94ddd5cc">[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 March 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-06899 Filed 4-2-21; 8:45 am]
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