AD 2021-09-13

[Federal Register Volume 86, Number 95 (Wednesday, May 19, 2021)]
[Rules and Regulations]
[Pages 27031-27034]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-10463]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0973; Project Identifier MCAI-2020-01113-T; 
Amendment 39-21527; AD 2021-09-13]
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-
04 R1 and AD 2018-20-14, which applied to certain ATR-GIE Avions de 
Transport R[eacute]gional Model ATR42-500 airplanes. AD 2000-23-04 R1 
and AD 2018-20-14 required revising the maintenance or inspection 
program, as applicable, to incorporate new and/or more restrictive 
maintenance requirements 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 
the FAA's 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 June 23, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of June 23, 
2021.
    The Director of the Federal Register approved the incorporation by 
reference of certain other publications listed in this AD as of 
November 20, 2018 (83 FR 52123, October 16, 2018).

ADDRESSES: For EASA 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#3475704774515547551a5141465b44551a5141"><span class="__cf_email__" data-cfemail="38797c4b785d594b59165d4d4a574859165d4d">[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 ATR-GIE 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 continued.airworthiness@atr <a href="http://aircraft.com">aircraft.com</a>; http://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-2020-0973.

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 fMonday 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#74271c151c0615195a30151a11071c19151a101d341215155a131b02"><span class="__cf_email__" data-cfemail="4a19222b22382b27640e2b242f3922272b242e230a2c2b2b642d253c">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0263, dated December 1, 2020 
(EASA AD 2020-0263) (also referred to as the Mandatory Continuing 
Airworthiness Information, or the MCAI), to correct an unsafe condition 
for all Model ATR 42-400 and ATR 42-500 airplanes. Model ATR 42-400 
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. Airplanes with an original 
airworthiness certificate or original export certificate of 
airworthiness issued after July 7, 2020 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 supplemental notice of proposed rulemaking (SNPRM) 
to amend 14 CFR part 39 to supersede AD 2000-23-04 R1, Amendment 39-
12174 (66 FR 19381, April 16, 2001) (AD 2000-23-04 R1) and AD 2018-20-
14, Amendment 39-19448 (83 FR 52123, October 16, 2018) (AD 2018-20-14). 
ADs 2000-23-04 R1 and 2018-20-14 applied to certain ATR-GIE Avions de 
Transport R[eacute]gional Model ATR42-500 airplanes. The SNPRM 
published in the Federal Register on February 24, 2021 (86 FR 11169). 
The FAA preceded the SNPRM with a notice of proposed rulemaking (NPRM) 
that published in the Federal Register on October 29, 2020 (85 FR 
68503). The NPRM was prompted by the FAA's 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. The SNPRM proposed to require revising the 
existing

[[Page 27032]]

maintenance or inspection program, as applicable, to incorporate new or 
more restrictive airworthiness limitations, as specified in EASA AD 
2020-0263.
    The FAA is issuing this AD to address 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 SNPRM 
or on the determination of the cost to the public.

Conclusion

    The FAA reviewed the relevant data 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 
SNPRM for addressing the unsafe condition; and
    <bullet> Do not add any additional burden upon the public than was 
already proposed in the SNPRM.
    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 2020-0263 describes new or more restrictive airworthiness 
limitations for airplane structures and safe life limits.
    This AD also requires the following service information, which the 
Director of the Federal Register approved for incorporation by 
reference as of November 20, 2018 (83 FR 52123, October 16, 2018).
    <bullet> ATR ATR42-400/-500, Time Limits Document (TL), Revision 
11, dated May 5, 2015.
    <bullet> ATR ATR42-400/-500 Time Limits Temporary Revision TR01/17, 
dated May 3, 2017.
    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 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 2018-20-14 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

    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) 2000-23-04R1, Amendment 39-
12174 (66 FR 19381, April 16, 2001); and AD 2018-20-14, Amendment 39-
19448 (83 FR 52123, October 16, 2018); and
0
b. Adding the following new AD:

2021-09-13 ATR-GIE Avions de Transport R[eacute]gional: Amendment 
39-21527; Docket No. FAA-2020-0973; Project Identifier MCAI-2020-
01113-T.

(a) Effective Date

    This airworthiness directive (AD) is effective June 23, 2021.

(b) Affected ADs

    (1) This AD replaces AD 2000-23-04R1, Amendment 39-12174 (66 FR 
19381, April 16, 2001) (AD 2000-23-04R1); and AD 2018-20-14, 
Amendment 39-19448 (83 FR 52123, October 16, 2018) (AD 2018-20-14).
    (2) This AD affects AD 2008-04-19 R1, Amendment 39-16069 (74 FR 
56713, November 3, 2009) (AD 2008-04-19 R1); and AD 2015-26-09, 
Amendment 39-18357 (81 FR 1483, January 13, 2016) (AD 2015-26-09).

(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 dated on or before July 7, 2020.

(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 prevent 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 Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2018-20-14, with revised figure designation and reference. For 
airplanes with an original airworthiness

[[Page 27033]]

certificate or original export certificate of airworthiness dated on 
or before May 3, 2017: Within 90 days after November 20, 2018 (the 
effective date of AD 2018-20-14), revise the maintenance or 
inspection program, as applicable, to incorporate the information 
specified in ATR ATR42-400/-500, Time Limits Document (TL), Revision 
11, dated May 5, 2015; and ATR ATR42-400/-500 Time Limits Temporary 
Revision TR01/17, dated May 3, 2017. The initial compliance time for 
accomplishing the tasks is at the applicable times specified in ATR 
ATR42-400/-500, Time Limits Document (TL), Revision 11, dated May 5, 
2015; and ATR ATR42-400/-500 Time Limits Temporary Revision TR01/17, 
dated May 3, 2017; or within 90 days after November 20, 2018; 
whichever occurs later, except for those certification maintenance 
requirements (CMRs) tasks identified in figure 1 to paragraph (g) of 
this AD.
[GRAPHIC] [TIFF OMITTED] TR19MY21.002

(h) Retained Initial Compliance Times for Certain CMR Tasks, With 
Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2018-20-14, with revised figure references. For the CMR tasks listed 
in figure 1 to paragraph (g) of this AD, the initial compliance time 
for accomplishing the tasks is at the applicable time specified in 
ATR ATR42-400/-500 Time Limits Temporary Revision TR01/17, dated May 
3, 2017; or within the compliance time specified in figure 1 to 
paragraph (g) of this AD; whichever occurs later.

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

    This paragraph restates the requirements of paragraph (i) of AD 
2018-20-14, with a new exception. Except as required by paragraph 
(j) of this AD, after the maintenance or inspection program, as 
applicable, has been revised as required by paragraph (g) of this 
AD, no alternative actions (e.g., inspections), intervals, and/or 
CDCCLs may be used unless the actions, intervals, and/or CDCCLs are 
approved as an alternative method of compliance (AMOC) in accordance 
with the procedures specified in paragraph (n)(1) of this AD.

(j) New Maintenance or Inspection Program Revision

    Except as specified in paragraph (k) 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 maintenance or inspection program revision required by this 
paragraph terminates the requirements of paragraph (g) of this AD.

(k) Exceptions to EASA AD 2020-0263

    (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 the effective date of this AD.
    (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 the effective date of this AD, 
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.

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

    After the 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 2020-0263.

(m) Terminating Action for Other ADs

    Accomplishing the actions required by paragraph (g) or (j) of 
this AD terminates all requirements of the ADs specified in 
paragraphs (m)(1) and (2) of this AD for ATR-GIE Avions de Transport 
R[eacute]gional Model ATR42-500 airplanes only.
    (1) AD 2008-04-19 R1.
    (2) AD 2015-26-09.

(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 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 (o) of this 
AD. Information may be emailed to: <a href="/cdn-cgi/l/email-protection#1c25315d4a4f315d554e312b2f2c315d51535f5c7a7d7d327b736a"><span class="__cf_email__" data-cfemail="a1988ce0f7f28ce0e8f38c9692918ce0eceee2e1c7c0c08fc6ced7">[email&#160;protected]</span></a>.
    (i) Before using any approved AMOC, notify your appropriate 
principal inspector, or lacking a principal inspector, the manager 
of the responsible Flight Standards Office.
    (ii) AMOCs approved previously for AD 2018-20-14 are approved as 
AMOCs for the corresponding provisions of EASA AD 2020-0263 that are 
required by paragraph (j) of this AD.
    (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#c291aaa3aab0a3afec86a3aca7b1aaafa3aca6ab82a4a3a3eca5adb4"><span class="__cf_email__" data-cfemail="a3f0cbc2cbd1c2ce8de7c2cdc6d0cbcec2cdc7cae3c5c2c28dc4ccd5">[email&#160;protected]</span></a>.

[[Page 27034]]

(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 
June 23, 2021.
    (i) European Union Aviation Safety Agency (EASA) AD 2020-0263, 
dated December 1, 2020.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on 
November 20, 2018 (83 FR 52123, October 16, 2018).
    (i) ATR ATR42-400/-500, Time Limits Document (TL), Revision 11, 
dated May 5, 2015.
    (ii) ATR ATR42-400/-500 Time Limits Temporary Revision TR01/17, 
dated May 3, 2017.
    (5) For EASA AD 2020-0263, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
<a href="/cdn-cgi/l/email-protection#e6a7a295a683879587c8839394899687c88393"><span class="__cf_email__" data-cfemail="fdbcb98ebd989c8e9cd398888f928d9cd39888">[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-GIE Avions de Transport R[eacute]gional material, 
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 continued.airworthiness@atr 
<a href="http://aircraft.com">aircraft.com</a>; http://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-2020-0973.
    (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#c4a2a1a0b6a1a3eaa8a1a3a5a884aaa5b6a5eaa3abb2"><span class="__cf_email__" data-cfemail="523437362037357c3e3735333e123c3320337c353d24">[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 April 22, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-10463 Filed 5-18-21; 8:45 am]
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