[Federal Register Volume 86, Number 91 (Thursday, May 13, 2021)]
[Proposed Rules]
[Pages 26195-26198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10015]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0366; Project Identifier MCAI-2021-00080-T]
RIN 2120-AA64


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

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to supersede Airworthiness Directive (AD) 
2020-23-13, which applies to all ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-200, -300, and -320 airplanes. AD 2020-23-
13 requires a one-time inspection for discrepancies of the wire bundles 
between the left- and right-hand angle of attack (AOA) probes and the 
crew alerting computer, and, depending on findings, applicable 
corrective actions. Since the FAA issued AD 2020-23-13, a wiring 
modification for the captain stick shaker has been developed, along 
with an update to the aircraft flight manual (AFM). This proposed AD 
would continue to require the actions in AD 2020-23-13. This proposed 
AD would also require, for certain airplanes, modifying the captain 
stick shaker wiring, and for all airplanes, revising the existing AFM 
and applicable corresponding operational procedures to incorporate 
procedures for the stick pusher/shaker, as specified in a European 
Union Aviation Safety Agency (EASA), which is proposed for 
incorporation by reference. The FAA is proposing this AD to address the 
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by June 28, 
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     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.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this 
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; 
telephone +49 221 8999 000; email ADs@easa.europa.eu; internet 
www.easa.europa.eu. You may find this IBR material on the EASA website 
at https://ad.easa.europa.eu. 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 https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0366.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0366; 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 NPRM, any

[[Page 26196]]

comments received, and other information. The street address for Docket 
Operations is listed above.

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: shahram.daneshmandi@faa.gov.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0366; Project Identifier 
MCAI-2021-00080-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, 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 
the proposal 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 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this proposed AD.

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 NPRM 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 NPRM, 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 NPRM. 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: 
shahram.daneshmandi@faa.gov. Any commentary that the FAA receives which 
is not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

Background

    The FAA issued AD 2020-23-13, Amendment 39-21330 (85 FR 73407, 
November 18, 2020) (AD 2020-23-13), which applies to all ATR--GIE 
Avions de Transport R[eacute]gional Model ATR42-200, -300, and -320 
airplanes. AD 2020-23-13 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. The FAA issued AD 2020-23-13 to address 
false activation of the stall warning system, which could result in 
loss of control of the airplane during take-off and landing phases.

Actions Since AD 2020-23-13 Was Issued

    Since the FAA issued AD 2020-23-13, a wiring modification for the 
captain stick shaker has been developed, along with an update to the 
existing systems limitations section of the AFM to incorporate 
procedures for the stick pusher/shaker.
    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2021-0024, dated January 19, 2021 
(EASA AD 2021-0024) (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, and -320 airplanes. EASA AD 2021-0024 supersedes EASA AD 2020-
0221, dated October 13, 2020 (which corresponds to FAA AD 2020-23-13).
    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:

 Autopilot disconnection;
 Stick pusher activation;
 Stick shaker activation;
 Aural stall warning (cricket audio alert);
 Master CAUTION light flashing amber;
 STICK PUSHER green light ON;
 FLT CTL amber light on CAP;
 Stick PUSHER/SHAKER pushbutton `FAULT' amber light 
illumination; and
 Whooler Audio alert.

    The FAA is proposing this AD to address false activation of the 
stall warning system, which could result in loss of control of the 
airplane during take-off and landing phases. See the MCAI for 
additional background information.

Explanation of Retained Requirements

    Although this proposed AD does not explicitly restate the 
requirements of AD 2020-23-13, this proposed AD would retain all of the 
requirements of AD 2020-23-13. Those requirements are referenced in 
EASA AD 2021-0024, which, in turn, is referenced in paragraph (g) of 
this proposed AD.

Related Service Information Under 1 CFR Part 51

    EASA AD 2021-0024 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. EASA AD 2021-0024 also describes 
procedures for modifying the captain stick shaker wiring, and amending 
the systems limitations section of the applicable AFM to incorporate 
procedures for the stick pusher/shaker. 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 and Requirements of This Proposed AD

    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 proposing this AD because the FAA 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2021-0024 described previously, as incorporated by 
reference, except for any differences identified as exceptions in the 
regulatory text of this AD. This proposed AD would also require

[[Page 26197]]

sending the inspection results to ATR--GIE Avions de Transport 
R[eacute]gional.
    EASA AD 2021-0024 requires operators to ``inform all flight crews'' 
of revisions to the AFM, and thereafter to ``operate the aeroplane 
accordingly.'' However, this AD would not specifically require those 
actions as those actions are already required by FAA regulations. FAA 
regulations require operators furnish to pilots any changes to the AFM 
(for example, 14 CFR 121.137), and to ensure the pilots are familiar 
with the AFM (for example, 14 CFR 91.505). As with any other flightcrew 
training requirement, training on the updated AFM content is tracked by 
the operators and recorded in each pilot's training record, which is 
available for the FAA to review. FAA regulations also require pilots to 
follow the procedures in the existing AFM including all updates. 14 CFR 
91.9 requires that any person operating a civil aircraft must comply 
with the operating limitations specified in the AFM. Therefore, 
including a requirement in this AD to operate the airplane according to 
the revised AFM would be redundant and unnecessary. Further, compliance 
with such a requirement in an AD would be impracticable to demonstrate 
or track on an ongoing basis; therefore, a requirement to operate the 
airplane in such a manner would be unenforceable.

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 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 2021-0024 
will be incorporated by reference in the FAA final rule. This proposed 
AD would, therefore, require compliance with EASA AD 2021-0024 in its 
entirety, through that incorporation, except for any differences 
identified as exceptions in the regulatory text of this proposed 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 2021-0024 that is required for compliance with EASA AD 2021-
0024 will be available on the internet at https://www.regulations.gov 
by searching for and locating Docket No. FAA-2021-0366 after the FAA 
final rule is published.

Interim Action

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

Costs of Compliance

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

                                     Estimated Costs for Required Actions *
----------------------------------------------------------------------------------------------------------------
                                                                                                Cost on U.S.
            Action                  Labor cost       Parts cost       Cost per  product          operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD        Up to 10                       $0  Up to $850............  Up to $22,100.
 2020[dash]23[dash]13.           work[dash]hours
                                 x $85 per hour =
                                 Up to $850.
New proposed actions..........  4 work-hours x                100  $440..................  $11,440.
                                 $85 per hour =
                                 $340.
----------------------------------------------------------------------------------------------------------------
* Table does not include estimated costs for reporting.

    The FAA estimates that it would take about 1 work-hour per product 
to comply with the proposed reporting requirement in this proposed 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 $2,210, 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 proposed 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 proposed AD 
is 2120-0056. The paperwork cost associated with this proposed 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 proposed 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.

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 proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 this proposed 
regulation:

[[Page 26198]]

    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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 Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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) 2020-23-13, Amendment 39-21330 
(85 FR 73407, November 18, 2020), and
0
b. Adding the following new AD:

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2021-
0366; Project Identifier MCAI-2021-00080-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by June 28, 2021.

(b) Affected ADs

    This AD replaces AD 2020-23-13, Amendment 39-21330 (85 FR 73407, 
November 18, 2020) (AD 2020-23-13).

(c) Applicability

    This AD applies to all ATR--GIE Avions de Transport 
R[eacute]gional 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, and the 
development of a wiring modification and aircraft flight manual 
(AFM) update to address the unsafe condition. 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, European Union Aviation Safety Agency (EASA) AD 
2021-0024, dated January 19, 2021 (EASA AD 2021-0024).

(h) Exceptions to EASA AD 2021-0024

    (1) Where EASA AD 2021-0024 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) Where EASA AD 2021-0024 refers to ``the effective date of 
EASA AD 2020-0221,'' this AD requires using December 3, 2020 (the 
effective date of AD 2020-23-13).
    (3) The ``Remarks'' section of EASA AD 2021-0024 does not apply 
to this AD.
    (4) Paragraph (3) of EASA AD 2021-0024 specifies to report 
inspection results to ATR--GIE Avions de Transport R[eacute]gional 
within a certain compliance time. For this AD, report inspection 
results at the applicable time specified in paragraph (h)(4)(i) or 
(ii) of this AD.
    (i) If the inspection was done on or after December 3, 2020 (the 
effective date of AD 2020-23-13): Submit the report within 30 days 
after the inspection.
    (ii) If the inspection was done before December 3, 2020 (the 
effective date of AD 2020-23-13): Submit the report within 30 days 
after the effective date of this AD.
    (5) Paragraphs (5) and (6) of EASA AD 2021-0024 specify amending 
``the applicable AFM [aircraft flight manual] of that aeroplane by 
inserting the AFM change provided in Appendix 1 of this [EASA] AD,'' 
but this AD requires amending ``the existing AFM and applicable 
corresponding operational procedures to incorporate the limitations 
and procedures specified in Appendix 1 of EASA AD 2021-0024.''
    (6) Where paragraphs (5) and (6) of EASA AD 2021-0024 specify to 
``inform all flight crews, and, thereafter, operate the aeroplane 
accordingly,'' this AD does not require those actions as those 
actions are already required by existing FAA operating regulations.

(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)(2) of 
this AD. Information may be emailed to: 9-AVS-AIR-730-AMOC@faa.gov. 
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.

(j) Related Information

    (1) For information about EASA AD 2021-0024, contact EASA, 
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 
8999 000; email ADs@easa.europa.eu; Internet www.easa.europa.eu. You 
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. 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 https://www.regulations.gov by searching for and locating Docket No. FAA-
2021-0366.
    (2) 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: 
shahram.daneshmandi@faa.gov.

    Issued on May 7, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness 
Division, Aircraft Certification Service.
[FR Doc. 2021-10015 Filed 5-12-21; 8:45 am]
BILLING CODE 4910-13-P


