[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Proposed Rules]
[Pages 2295-2298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00263]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-0012; Project Identifier MCAI-2022-01317-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).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
500 and 72-212A airplanes. This proposed AD was prompted by in-service 
experience that has shown that the lateral flight guidance of the 
flight director/auto pilot

[[Page 2296]]

may not limit HI BANK turns in severe icing conditions. This proposed 
AD would require the replacement of the affected new avionics suite 
(NAS), as specified in a European Union Aviation Safety Agency (EASA) 
AD, which is proposed for incorporation by reference (IBR). This 
proposed AD would also prohibit the installation of the affected NAS on 
any airplane. 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 February 
27, 2023.

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 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.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-0012; 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, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is proposed for IBR in this NPRM, 
contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone 
+49 221 8999 000; email [email protected]; website easa.europa.eu. You 
may find this material on the EASA website at ad.easa.europa.eu. It is 
also available at regulations.gov under Docket No. FAA-2023-0012.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace 
Engineer, Large Aircraft Section, FAA, International Validation Branch, 
2200 South 216th St., Des Moines, WA 98198; telephone 206-231-3220; 
email [email protected].

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-2023-0012; Project Identifier 
MCAI-2022-01317-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 
this 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 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

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, FAA, 
International Validation Branch, 2200 South 216th St., Des Moines, WA 
98198; telephone 206-231-3220; email [email protected]. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2022-0206, dated October 7, 2022 
(EASA AD 2022-0206) (also referred to as the MCAI), to correct an 
unsafe condition for certain ATR--GIE Avions de Transport 
R[eacute]gional Model ATR42-500 and ATR72-212A airplanes. The MCAI 
states that in-service experience has shown that the lateral flight 
guidance of the flight director/auto pilot may not limit HI BANK turns 
in severe icing conditions. The airplane is only protected during LO 
BANK turns. This condition, if not addressed, could result in loss of 
control of the airplane.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2023-0012.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0206 specifies procedures for replacement of the 
affected NAS with NAS standard 2.2 or 3.1, or later approved NAS 
standard. EASA AD 2022-0206 also prohibits the installation of the 
affected NAS on any airplane. 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 ADDRESSES.

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, it 
has notified the FAA of the unsafe condition described in the MCAI 
described above. The FAA is issuing this NPRM after determining that 
the unsafe condition described previously is likely to exist or develop 
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified 
in EASA AD 2022-0206 described previously, except for any differences 
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD 
process, the FAA developed a process to use some civil aviation 
authority (CAA) ADs as the primary source of information for compliance 
with requirements for corresponding FAA ADs. The FAA has been 
coordinating this process with manufacturers and CAAs. As a result, the 
FAA proposes to incorporate EASA AD 2022-0206 by reference in the FAA 
final rule. This proposed AD would, therefore, require compliance with 
EASA AD 2022-0206 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

[[Page 2297]]

EASA AD 2022-0206 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 EASA AD 2022-0206. Service information 
required by EASA AD 2022-0206 for compliance will be available at 
regulations.gov under Docket No. FAA-2023-0012 after the FAA final rule 
is published.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 20 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $85 per hour = $85.............................            * $0              $85           $1,700
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  proposed AD.

    The FAA has included all known costs in its cost estimate. 
According to the manufacturer, however, some or all of the costs of 
this proposed AD may be covered under warranty, thereby reducing the 
cost impact on affected operators.

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:
    (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 adding the following new airworthiness 
directive:

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2023-
0012; Project Identifier MCAI-2022-01317-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 27, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ATR--GIE Avions de Transport R[eacute]gional 
Model ATR42-500 and ATR72-212A airplanes, certificated in any 
category, as identified in European Union Aviation Safety Agency 
(EASA) AD 2022-0206, dated October 7, 2022 (EASA AD 2022-0206).

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by in-service experience that has shown 
that the lateral flight guidance of the flight director/auto pilot 
may not limit HI BANK turns in severe icing conditions. The FAA is 
issuing this AD to address the lateral flight guidance not limiting 
HI BANK turns in severe icing conditions. The unsafe condition, if 
not addressed, 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) and (i) of this AD: Comply 
with all required actions and compliance times specified in, and in 
accordance with, EASA AD 2022-0206.

(h) Exceptions to EASA AD 2022-0206

    (1) Where EASA AD 2022-0206 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) This AD does not adopt the ``Remarks'' section of EASA AD 
2022-0206.

(i) No Reporting Requirement

    Although the service information referenced in EASA AD 2022-0206 
specifies to submit certain information to the manufacturer, this AD 
does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
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 International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k) of this AD. Information may be emailed to: [email protected]. 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, International 
Validation Branch, FAA; or EASA; or ATR--GIE Avions de Transport 
R[eacute]gional's EASA Design

[[Page 2298]]

Organization Approval (DOA). If approved by the DOA, the approval 
must include the DOA-authorized signature.

(k) Additional Information

    For more information about this AD, contact Shahram Daneshmandi, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3220; email [email protected].

(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 2022-0206, 
dated October 7, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0206, contact EASA, Konrad-Adenauer-Ufer 3, 
50668 Cologne, Germany; telephone +49 221 8999 000; email 
[email protected]; website easa.europa.eu. You may find this EASA 
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this service information 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.
    (5) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 5, 2023.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-00263 Filed 1-12-23; 8:45 am]
BILLING CODE 4910-13-P


